The 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 con artist, his legal team alleges Tuesday.
Holmes’ court filing claims former Theranos lab director Adam Rosendorff now regrets his role in helping convict him on charges that could see him jailed for 20 years. He is currently free on bail before sentencing is scheduled for October 17 in California.
Holmes, 38, found guilty earlier this year of three counts of wire fraud and one count of conspiracy to commit fraud. The jury ruled he intentionally misled investors about his medical technology startup business and the effectiveness of his blood testing machine.
Rosendorff testified that he constantly raised concerns about how accurate the Theranos blood tests were used by patients while he was with the company in 2013 and 2014. But the 17-page legal summary describes a man who may now be rethinking his testimony.
On August 8, Rosendorff went to the Holmes home he shared with his partner William Evans according to the filing. He only saw Evans, who told him to leave, said Holmes’ attorney.
But before he left, Rosendorff told Evans “he tried to answer questions honestly but prosecutors tried to make everyone look bad” and now believes “he has done something wrong,” while testifying, the filing accuses.
Prior to the random visit, he left a voice message for one of his attorneys asking to meet with Holmes, believing it could be “healing enough” for both of them, the filing said.
Rosendorff’s testimony was referenced in prosecutors’ closing arguments and by federal judges when a motion to waive the guilty verdict was rejected.
Holmes’ attorneys have not been able to get any additional thoughts from Rosendorff about his testimony for ethical reasons. A hearing may be held next month on whether a new trial should be established.
When found guilty on four counts, Holmes was also found not guilty by the same jury on charges of fraud and conspiracy against a patient using the Theranos blood test.
The Associated Press contacted Rosendorff, who declined to comment to them.
With Post . cable