The jury in the fraud trial of Elizabeth Holmes has been asked to fill out a verdict form for eight of the 11 federal charges the disgraced Theranos founder faces after failing to reach a consensus on three of them.
Judge Edward Davila, who asked the jury earlier in the day to continue deliberations after much discussion, instructed the jury to do so after receiving a second note from the jury on Monday claiming they were deadlocked on three charges.
It was the fourth note from the jury during its seven days of deliberations.
Davila brought the jury back into the courtroom on Monday afternoon, telling attorneys he would poll the jurors to see if they agree with the note that said they were unable to reach a verdict. None of the jurors disputed that they remained deadlocked, according to multiple reporters in the courtroom.
In reviewing the prior note on Monday, Davila urged the panel of eight men and four women to continue deliberations to reach a verdict on the three outstanding charges but also cautioned that his order was in no way coercive, per KTVU. Davila also reminded jurors the charges must be proven beyond a reasonable doubt.
"What the jury is saying is that we apparently have reached verdicts on eight of the 11 counts," Steven Clark, an attorney and legal analyst based in San Jose, told KCBS Radio earlier on Monday. "It's an important development."
It was not immediately clear which charges the jury cannot agree on.
Holmes is facing 11 charges of defrauding and conspiring to defraud investors, doctors and patients. She could serve up to 20 years in prison, if convicted.
"I don't think the judge is going to make them continue for a long period of time just to come to a verdict on the other three counts," Clark added.
The 37-year-old Stanford University dropout allegedly raised some $945 million from investors when her biotech company seemed to be at the height of its success – all while the groundbreaking devices the company touted didn't actually work.
The company was once valued at roughly $9 billion.
"I think some of those jurors are fighting for (Holmes) in this deliberation," Clark said of the lengthy proceedings and the likelihood a verdict will swing in Holmes' favor. "It's likely that if the jury liked her and bonded with her, some of the jurors anyway, then they will holdout for her and they may just say we're not going to convict her no matter how long we spend deliberating. I think that may be going on here, certainly as to these three counts."
The trial, which started in September, has been troubled with several issues from juror disqualification to loud courtroom typing and a bizarre water main break. It has brought a hotbed of activity to the San Jose federal courthouse, including Holmes look-a-likes and a crush of media coverage.
Holmes' own testimony proved to be a highlight of the trial.
This is a developing story. Check back for updates.
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