SAN FRANCISCO (KCBS RADIO) – A court order earlier this month indicates the sentencing date for Theranos founder Elizabeth Holmes may be delayed – which experts believe has been the goal for her defense team all along.
For more, stream KCBS Radio now.
A judge will decide whether or not to schedule a trial to revisit the testimony of Dr. Adam Rosendorth, a Theranos lab director whom Holmes' lawyers said showed up at her doorstep on Aug. 8 and said he "felt guilty" about his testimony at her trial. He allegedly told her partner, Billy Evans, "he felt like he did something wrong" and that the prosecutors "try to make everyone look bad," according to CNN.
That visit could lead to her sentencing being delayed.
Rosendorff was considered a key witness in Holmes' trial where she ultimately in July was found guilty of defrauding investors of $40 million through her defunct blood testing company Theranos. In his testimony last October, which lasted 6 days, Rosendorff said he left the company because was feeling "skeptical" about the accuracy and reliability of its tests and "it was a question of my integrity as a physician."
Holmes' attorneys now argue that Rosendorff's visit to the former tech CEO's house last month constitutes new evidence which warrants a new trial.
"The big question presented before the judge is whether he will grant an evidentiary hearing to allow Holmes’ defense team to question the prosecution's star witness, as to whether his testimony is accurate and complete," legal analyst and former Santa Clara County District Attorney Steve Clarke told KCBS Radio.
Rosendorff signed a declaration stating he felt bad for Holmes, however he stood by his initial testimony where he said she values public relations over patient care.
"If the evidentiary hearing is granted, the sentencing for Ms. Holmes is likely to be delayed by at least a couple of months to give both sides a chance to gear up for what will be a very contentious and vigorous cross examination of this star witness," Clarke said.
"It appears that for now, Ms. Holmes may live to fight another day without going toward sentencing, specifically if she's given this evidentiary hearing."
He added that this is already "mission accomplished" for the defense.
"Certainly the goal for the Holmes team is to keep her out of custody for as long as possible and even if they are unsuccessful in these motions, they will likely ask for bail pending appeal so that Ms. Holmes does not have to go into custody until these issues are finally adjudicated," Clarke explained.
DOWNLOAD the Audacy App
SIGN UP and follow KCBS Radio
Facebook | Twitter | Instagram
Related
