Disgraced Theranos founder Elizabeth Holmes called for a new trial Tuesday after a key witness for prosecutors said “he had done something wrong” during his testimony against the convicted scam artist, her legal team alleged Tuesday.
Holmes’ court filing claims former Theranos lab director Adam Rosendorff now regrets his role in helping convict her of charges that could land her behind bars for 20 years. She is currently free on bail before sentencing scheduled Oct. 17 in California.
Holmes, 38, was found guilty earlier this year of three counts of wire fraud and one count of conspiracy to commit fraud. Jurors determined she deliberately misled investors about the medical tech startup’s business and the effectiveness of its blood-testing machine.
Rosendorff testified he continuously raised concerns about how accurate Theranos blood tests used by patients were while he was with the company in 2013 and 2014. But a 17-page legal brief describes a man who now might have second thoughts about his testimony.
On Aug. 8, Rosendorff went to Holmes’ home which she shares with partner William Evans according to the filing. He only saw Evans, who told him to leave, Holmes’ lawyers said.
But before he left, Rosendorff told Evans “he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad” and now believes “he had done something wrong,” while testifying, the filing alleges.
Before that random visit, he left a voicemail for one of her lawyers asking to meet with Holmes, believing it could be “quite healing” for both of them, the filing states.
Rosendorff’s testimony was referenced in prosecutors’ closing argument and by a federal judge when a motion to set aside the guilty verdict was rejected.
Holmes’ lawyers have not been able to get additional thoughts from Rosendorff about his testimony for ethical reasons. A hearing might be held next month about whether a new trial should be set.
While convicted of four counts, Holmes was also found not guilty by the same jury on charges of fraud and conspiracy against patients who used Theranos blood testing.
The Associated Press reached out to Rosendorff, who declined comment to them.
With Post wires