Elizabeth Holmes’ texts should be left out of Theranos trial: lawyers

Elizabeth Holmes’ texts should be left out of Theranos trial: lawyers

Lawyers
for
Elizabeth
Holmes
are
reportedly
working
to
keep
the
disgraced
Theranos
founder’s
texts
and
emails
out
of
the
courtroom.

With
a
July
court
date
looming
for
Holmes’

upcoming
fraud
trial
,
the
Silicon
Valley
wunderkind’s
defense
team
wants
to
keep
jurors
from
seeing
damning
messages
she
sent
while
defrauding
investors
out
of
millions,

The
Wall
Street
Journal
reported

on
Wednesday.

Among
the
emails
prosecutors
want
to
use
is
one
from
Theranos’
lab
director,
who
wrote
to
Holmes
to
express
concerns
in
the
company’s
technology,
which
eventually
was
exposed
as
a
sham.

“I
am
feeling
pressured
to
vouch
for
results
that
I
cannot
be
confident
in,”
he
said.

The
lab
director
resigned
a
month
later
after
Theranos
president
and
Holmes’
former
boyfriend
Ramesh
“Sunny”
Balwani
said
he
should
be
fired,
according
to
the
report.
He
was
replaced
by
Balwani’s
dermatologist,
who
only
visited
the
lab
occasionally
and
wasn’t
certified
in
laboratory
science.

The
texts
paint
a
picture
of
an
executive
eager
to
evade
scrutiny,
including
detailing
a
plan
to
create
a
cement
pathway
for
auditors
to
enter
the
building
that
avoided
any
areas
Theranos
didn’t
want
them
looking.

Prosecutors
also
want
to
include
texts
from
Holmes
to
Balwani
saying
discussing
Theranos’s
problems
and
saying
she
was
praying
for
good
results
from
regulator
inspections.

“Fundamentally
we
need
to
stop
fighting
fires
by
not
creating
them,”
Holmes
wrote.

Holmes’
lawyers
are
challenging
a
motion
by
prosecutors
who
say
she
should
not
be
able
to
point
to
startup
founders
frequently
exaggerating
about
their
products
in
order
to
secure
funding
as
a
defense
for
her
actions.

The
lawyers
previously
asked
to
exclude
evidence
from
the
Food
and
Drug
Administration’s
inspections
of
Theranos
and
several
news
articles
about
the
company,
including
a
series
of
stories
in
The
Wall
Street
Journal
that
helped
expose
its
questionable
practices.

Elizabeth Holmes with Alibaba's Jack Ma in 2015.
Elizabeth
Holmes
with
Alibaba’s
Jack
Ma
in
2015.

Getty
Images

The
request
to
have
the
materials
kept
from
jurors
comes
just
weeks
after
Holmes
lawyers
argued
to
stop
prosecutors
from
detailing
the
luxe
lifestyle
she
lived
while
leading
the
blood-testing
startup.

Her
team
wrote
in
a
court
filing
that
the
wealth
she
accumulated
as
Theranos’
CEO
has
“no
bearing”
on
the
charges
that
she
defrauded
investors
and
patients
who
used
the
company’s
allegedly
bogus
services.

“That
Ms.
Holmes
enjoyed
a
certain
lifestyle

one
that
is
commensurate
with
the
lifestyle
of
many
other
CEOs

says
nothing
about
whether
Ms.
Holmes
committed
fraud
to
obtain
or
maintain
that
lifestyle,”
the
36-year-old’s
lawyers
wrote.

Holmes
and
Balwani
have
both
pleaded
not
guilty
to
charges
that
they
peddled
bogus
blood
tests
with
devices
that
they
promoted
as
revolutionary
but
knew
were
unreliable
and
inaccurate.
Balwani
will
reportedly
be
tried
separately
from
Holmes
after
her
trial
begins
this
summer.

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