Key witness in Elizabeth Holmes trial stands by his testimony
Theranos founder Elizabeth Holmes is seeking a new trial
The government's star witness in the trial of Elizabeth Holmes took the stand again Monday to reassure the court he stands by his testimony, after the Theranos founder's defense team accused prosecutors of misconduct based on a post-trial conversation the witness had with Holmes' partner.
Former Theranos lab director and key government witness Adam Rosendorff was questioned by both sides at an evidentiary hearing over whether Holmes should be granted a new trial, after he visited Holmes' residence weeks ago and spoke with her partner, Billy Evans.
Former Theranos CEO Elizabeth Holmes (C) arrives at federal court with her father Christian Holmes (L) and partner Billy Evans (R) on October 17, 2022 in San Jose, California. (Photo by Justin Sullivan/Getty Images / Getty Images)
Holmes' attorneys claim Rosendorff expressed regret over his testimony, and told Evans that "the government made things worse than they really are." The defense called for a new trial based on the conversation, claiming new evidence and prosecutorial misconduct.
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Rosendorff then submitted a sworn statement to the court saying he stood by his testimony. But the serious allegations prompted U.S. District Judge Edward Davila to agree to a "limited" hearing over the allegations and called Rosendorff in to explain himself.
Former Theranos lab director Adam Rosendorff (R) arrives at federal court on October 17, 2022 in San Jose, California. (Photo by Justin Sullivan/Getty Images / Getty Images)
So, Rosendorff returned to the witness stand for an evidentiary hearing Monday, where he reinforced to the court that he stands behind his earlier testimony and denied that it was influenced by prosecutors.
According to KTVU FOX 2, Rosendorff explained that he went to Holmes' house because he felt "increasingly distressed" that her young child would spend its formative years without a mother and said "it's my understanding Ms. Holmes may be pregnant again."
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"I don't want to help Ms. Holmes," Rosendorff said. "She is the only one who can help herself. At this point, she needs to pay her debt to society."
Former Theranos CEO Elizabeth Holmes arrives at federal court on October 17, 2022 in San Jose, California. Holmes appeared in federal court related to an attempt to overturn her fraud conviction. (Photo by Justin Sullivan/Getty Images / Getty Images)
Rosendorff's repeated defense of his original testimony and insistence that it was not influenced by prosecutors is a blow to Holmes' efforts to obtain a new trial. Both sides will now submit arguments in briefings for a later date, FOX 2 reported.
Legal experts previously told FOX Business that Holmes' claims did not warrant a new trial, but that accusations of prosecutorial misconduct are serious and the judge likely wanted to be sure the verdict would hold up on appeal.
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For now, Holmes' sentencing remains slated for Nov. 18 following her conviction on one charge of conspiracy and three charges of fraud after a jury found her guilty of deceiving investors over claims that Theranos' blood-testing technology could diagnose diseases with just a few drops of blood. She faces up to 20 years in prison.