Elizabeth Holmes has filed 3 requests for a new trial in 2 days as she awaits sentencing. Legal experts say it's unlikely she'll get a do-over.
September 17, 2022, Business Insider
Former Theranos CEO Elizabeth Holmes set out on an uphill battle for a new criminal fraud trial, filing three requests for a new trial as she awaits sentencing. Amanda Kramer provided insight to Bloomberg Law explaining why this would be no easy feat.
According to Amanda, former Theranos lab director Adam Rosendorff's remorse in testifying against Ms. Holmes doesn't necessarily cast doubt on the veracity of his testimony.
"It's not uncommon for witnesses who had a personal connection with the defendant to feel bad about being a witness at trial against the person," Amanda explained. "The fact that he feels badly about the role that he played in the trial doesn't mean that any of his testimony was false or inaccurate or misleading ... You can feel bad about the role you played at trial and still have given perfectly truthful testimony."
"If the government's arguments are consistent with the evidence admitted in that trial, then the fact that there's a different argument made based on different evidence is not a strong basis for relief or for getting a new trial," she added.
Amanda continued, "Without being able to prove that the database reasonably could be expected to result in an acquittal, the defense would have to show prosecutorial misconduct, and it would have to be of such degree that it doesn't seem was present here.”
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