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Elizabeth Holmes leaves the courthouse accompanied by her companion, Billy Evans, and her mother and father after the jury requested a notice on day 7 of jury deliberation in her fraud trial in San Jose, California, January 3, 2022.
Nick Otto | AFP | Getty Photos
SAN JOSE, Calif. — Hours after Choose Edward Davila ordered jurors in Elizabeth Holmes’ felony trial to maintain deliberating, they continue to be deadlocked on three of the 11 felony fraud costs going through the Theranos founder.
Davila was knowledgeable of a second jury notice at round 2:40 p.m. PT on Monday, about three hours after he gave jurors a so-called Allen cost, an instruction that they struggle more durable to return to a unanimous settlement.
With the jurors nonetheless not reaching a consensus on these three counts, Davila despatched them again to supply a verdict on the eight different counts, in the event that they’re prepared.
Deliberations have spanned greater than 50 hours over seven days. The jury was handed the case on Dec. 17, following a three-month trial that featured 32 witnesses, largely known as by the prosecution. Holmes, 37, was the first witness in her protection.
Holmes returned to the San Jose, California, courthouse for a second time on Monday, alongside together with her mother and father and her companion, Billy Evans. A few of Holmes’ associates have been additionally current.
Her preliminary look within the morning marked Holmes’ first time within the courtroom since Dec. 23, when the jury final indicated it had a notice for Davila. Holmes is staying at a lodge throughout the road and solely reveals up within the courtroom now when a discover is posted for the choose.
It is the third time and fourth occasions that jurors have produced a notice for Davila. The primary was on Dec. 21, after they requested if they might take directions dwelling for evaluation. Davila declined the request, and mentioned all deliberations should happen on-site. Two days later, they requested to take heed to audio that they’d beforehand heard in the course of the trial of Holmes and her conversations with some traders within the failed blood-testing firm.
Earlier on Monday, Davila learn jury instruction No. 2 to the jurors. The instruction reminded them that Holmes is harmless till confirmed responsible and that the burden of proof is on the federal government.
Jurors final convened on Wednesday and, after failing to achieve a verdict, took the remainder of the week off for the New 12 months’s vacation.
Holmes, who’s charged with 9 counts of wire fraud and two counts of conspiracy to commit wire fraud, faces as much as 20 years in jail if convicted. She has pleaded not responsible.
WATCH: Jury to get the case in Holmes trial
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