Elizabeth Holmes and her ex-partner face a retrial against Theranos

If Elizabeth Holmes faces a new fraud trial after a government witness turned up at her home uninvited and sounded remorseful, her convicted ex-boyfriend deserves an equal chance.

o Says an attorney for former Theranos President Ramesh “Sunny” Balwani, who on Thursday asked the judge presiding over the trials of both executives to let his client accept the blood-testing startup founder’s bid for a retrial.

If U.S. District Judge Edward Davila agrees, the ex-partners could both appear at an Oct. 17 hearing to jointly question the credibility of a former Theranos lab director, Adam Rosendorff, whose testimony was damning to both of them.

The judge has already made it clear that he is only concerned with confirming that Mr. Rosendorff testified truthfully, whatever his regrets may be in hindsight.

Mr Balwani’s lawyer used the same word as Ms Holmes’ lawyer and the judge – “extraordinary” – to describe the highly unusual scene that unfolded in August when Mr Rosendorff arrived at the home of Holmes and allegedly her current partner said that he had such misgivings about his testimony that he could not sleep.

Mr Rosendorff’s expression of extreme unease at the government’s presentation of his testimony “could be the tip of the iceberg,” attorney Jeffrey Coopersmith said in a court filing. Mr. Rosendorff “was at least as central to Mr. Balwani’s trial as it was to Ms. Holmes”.

Ms Holmes, 38, was found guilty in January of investor fraud and conspiracy for her role in the collapse of the startup she founded, which peaked at $9 billion. Mr Balwani, 57, was convicted in July of similar charges as well as cheating patients.

Their requests for new trials are routine for corporate defendants and are rarely granted. Legal experts have said the judge is unlikely to overturn Ms Holmes’ conviction, regardless of Mr Rosendorff’s remorse.

https://www.independent.ie/business/world/theranos-retrial-hearing-looms-for-elizabeth-holmes-and-her-ex-partner-42049538.html Elizabeth Holmes and her ex-partner face a retrial against Theranos

Fry Electronics Team

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