![]() ![]() According to Holmes, the government violated a well-established rule that requires prosecutors to turn over material evidence that favors the defense. #ELIZABETH HOLMES THERANOS TRIAL#In still another filing, Holmes cites entirely separate grounds for a new trial that invokes a lower standard for the court to consider. Within such a relationship, Holmes could not have committed the crimes charged - wire fraud and conspiracy - because her reliance on Balwani would negate the mental state required for those crimes, her lawyers said. Lawyers for Holmes argue that her jury would have had a better understanding of her youth and inexperience if they had heard this evidence. ![]() And that’s what showed up in the text messages,” a prosecutor said. "So it would be no surprise that his advice, his input would carry a lot of weight with her. The prosecution went on to stress Balwani's age and experience compared to Holmes. “Besides his position that we talked about, you can also infer that his close relationship with Holmes would have given him a lot of influence over her, more than just his title alone would provide." “It’s no surprise that Balwani had a lot of authority,” a prosecutor told Balwani’s jury. That filing referred to the prosecution's closing arguments in Balwani's case. “At Balwani’s trial, the government took a decidedly different approach,” the filing claims. Theranos founder Elizabeth Holmes and her family leave the federal courthouse after attending her fraud trial in San Jose, California, U.S. According to Holmes, the government’s about-face qualifies as admissible and newly discovered evidence that warrants a new trial. Her lawyers argue that prosecutors downplayed those claims to Holmes' jury to paint her as the dominant decision maker at the now-defunct company - then played up Balwani’s dominance at his later trial. Government's “decidedly different” Balwani approachĪccording to Holmes, the government played an unfair hand with her allegations that Balwani was controlling and influential on her actions during the time the two ran Theranos. However, presiding district court Judge Edward Davila granted Holmes an independent trial after she accused Balwani of subjecting her to years of physical and mental abuse - claims that Balwani denies. The two were originally charged in a single indictment accusing them of conspiring to use the once high-flying blood-diagnostics startup to defraud investors and patients. Ramesh "Sunny" Balwani, former president and chief operating officer (COO) of Theranos and ex-boyfriend of founder Elizabeth Holmes, departs the courthouse during jury deliberations at his federal trial for wire fraud and conspiracy to commit wire fraud in San Jose, California, U.S. ![]()
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