Jury in Elizabeth Holmes trial handed case, begin deliberations

SAN JOSE, Calif. — The 12 jurors who will determine the destiny of Theranos founder Elizabeth Holmes are left to contemplate the testimony from 31 witnesses over three months as they start their deliberations.

The case was handed to the jury round 4:40 p.m. PT on Friday, after Decide Edward Davila completed studying the directions. Holmes, who began her blood-testing firm in 2003 and dropped out of Stanford to construct it, is charged with 9 counts of wire fraud and two counts of conspiracy to commit wire fraud. She faces as much as 20 years in jail if convicted. She pleaded not responsible.

Kevin Downey, Holmes’ protection legal professional, made his last plea earlier on Friday, arguing that his shopper must be acquitted on all counts.

“On the first signal of hassle, the crooks money out, criminals cowl up and rats flee a sinking ship,” Downey mentioned. “She did not do any of that.”

Downey mentioned Holmes, who’s now 37, devoted her life to constructing Theranos and by no means meant to defraud traders. He reminded jurors that Holmes gave up a school training, gave up her youth and misplaced friendships as a result of “she believed that she constructed a know-how that might change the world.” 

He emphasised that Holmes’ wealth was wrapped up in Theranos’ success and that she by no means offered any of her shares.

“She went down with that ship when it went down,” Downey mentioned. “Girls and gents, that’s who this girl is.”

Downey spent over three hours making an attempt to knock down the federal government’s case. He mentioned Holmes did not deliberately misrepresent the corporate’s financials to draw cash from traders.

Over the course of a decade, Theranos raised $945 million from high-profile traders, together with Information Corp’s Rupert Murdoch, Don Lucas and the household of Betsy DeVos, the previous training secretary. A few of these traders testified as authorities witnesses.

“Folks misplaced cash. I do not mince phrases about that,” Downey mentioned. “Ms. Holmes definitely didn’t intend for folks to lose cash. That is a nasty occasion and a failure on her half.”

The traders had been refined individuals who “knew this was a brand new enterprise, they knew it was speculative they usually knew it was a danger,” Downey mentioned.

Holmes sat between her attorneys contained in the San Jose courtroom on Friday. She was flanked by her mother and father and her accomplice, Billy Evans.

After the protection wrapped up its closing argument, the prosecution got here again with its rebuttal and put the highlight again on Holmes and the extent of management she exercised over each facet of her firm.

“The illness that plagued Theranos wasn’t an absence of effort, it was an absence of honesty,” mentioned Assistant U.S. Legal professional John Bostic. “It wasn’t on the floor stage, it was on the prime.”

Theranos should not be confused for an organization that failed regardless of onerous work, Bostic mentioned.

“We admire individuals who set bold objectives and got down to obtain them,” Bostic mentioned. “This case went unhealthy for Theranos and Ms. Holmes when she made the opposite alternative, when she refused to just accept failure and turned to breaking the legislation as an alternative.”

To ensure that Holmes to be discovered responsible, the jury should unanimously determine past an affordable doubt that the entrepreneur, as soon as hailed because the youngest self-made feminine billionaire, meant to defraud traders and sufferers.

Danny Cevallos, an NBC Information authorized analyst, mentioned the jury has a mountain of proof to contemplate, given the variety of witnesses who took the stand and the trove of paperwork introduced.

“With a lot proof and so many communications to pour over, the jury has a number of proof to undergo in the event that they wish to,” Cevallos mentioned. “Alternatively, they might stroll again into that jury room, and when the door shuts, they might take a look at one another and say, ‘None of us imagine a phrase she mentioned.'”

A obtrusive omission within the protection’s closing argument was any point out of Ramesh “Sunny” Balwani, Holmes’ former enterprise accomplice and ex-boyfriend. Balwani was a centerpiece of Holmes’ testimony. She acquired emotional telling the jury that Balwani abused her bodily and emotionally. She mentioned he exerted management over her and was chargeable for overseeing the Theranos lab and funds.

Balwani faces the identical fees as Holmes and is about to face trial early subsequent yr. He additionally pleaded not responsible.

Downey did not utter Balwani’s title on Friday.

“It may harm her,” Cevallos mentioned. “I believe jurors will likely be within the jury room and ask one another, ‘Why did not they point out all this trauma from Balwani in closing if it was so essential to them?'”

Bostic opted to return again to the subject in his rebuttal. He advised the jury that whereas the abuse testimony was troublesome to listen to, it shouldn’t sway their choice.

“Within the absence of any proof linking that have to the charged conduct, it is best to put it out of your thoughts,” Bostic mentioned. “Ms. Holmes didn’t want encouragement from Mr Balwani as a way to be misleading.”

WATCH: Closing arguments within the Elizabeth Holmes trial