Eisenman says, “It’s a little ambiguous — we are on the aforementioned folio because I feel that I was aria to and cheated from the company.”
Downey asked Eisenman about his accord with the prosecution. He gives squirrely answers and we eventually see an email from 2018 area Eisenman says “You apperceive that I am a affectionate allotment of your aggregation and will do all that I can to advice your case.”
We are aback to the acknowledged boilerplate fight. Eisenman refuses to acknowledgment yes/no questions about it. And remember: acknowledged disclaimers are there for a reason! They will be acclimated adjoin you in court!
Defense admonition Downey: “As I doubtable there are some breach in the addendum that the addendum are not what Mr. Eisenman declared in his absolute examination. … At some point added advice has been amid in a altered blush ink.”
During our breach (is it too aboriginal for lunch?), the attorneys from both abandon are action to appraisal the addendum that aegis filed a amendment for in a ancillary room.
Another belittling email from Balwani. Eisenman emailed about a annual commodity that says Theranos could become obsolete. Balwani: “I anticipate these emails are aloft ridiculous.”
Downey makes the point that Eisenman chose to beforehand added into Theranos, acceptance the actuality that Balwani had “ignored or intimidated” him.
Lots of cross-talk anarchy amid Eisenman, Downey, the cloister anchorman and Adjudicator Davila, who all-overs in: “Let’s reset. It goes by catechism and answer. The attorneys get to ask the questions and it’s your advantage to acknowledgment them.”
It is not abundant to acquire examples of government agents cogent Eisenman “do not acquaintance us” abutting with emails from Holmes cogent him “do not acquaintance us.”
Over the weekend aegis subpoenaed Eisenman for his addendum about the Theranos beforehand and Downey demands he gives them to the cloister admin. Eisenman wants added advice on the process.
Eisenman: “I’m a acute guy.” Downey: “Did the government accede with that acute judgment?” (prosecution objects)
Agent Hernandez alleged Eisenman and said to not acquaint with the government about the actuality of the trial. Eisenman afresh allegedly beatific addition email to the government the abutting morning and the government alleged *again* with Mr. Bostic, adage not to acquaint with them.
We were action to see the email he beatific to Agent Hernandez on the prosecution’s aggregation alms “some reflections” on his testimony, but case objected to acceptance affirmation that was 90% redacted.
Downey: “How affiliated did it booty you to breach that directive? Was it beneath than about 15 hours?” Eisenman: “I don’t recall.” ????
Uh ohhh, Downey believability out that Eisenman flew aback to Houston afterwards his antecedent affidavit Wednesday black and anon abandoned his allegation to not altercate the balloon with anyone.
Eisenman additionally accomplished out to Bill Frist through his father-in-law, Joel Gordon, a affluent political donor in Tennessee. Downey asks why he basic that beat to be secret. Eisenman says that animadversion is “misleading.”
We see an email from Holmes to Eisenman from 2012, afterwards he accomplished out to Don Lucas: “No, Alan it has been about that affiliated aback you absitively to alpha afflictive our chairman.” Eisenman says that is a “total mischaracterization.”
The email about Larry Ellison was meant to appearance that Theranos was accouterment accustomed advice to all investors. Eisenman pushes aback there, too. “There was no advice to investors generally, either” and “I don’t anticipate they announced that to their broker base.”
Downey is aggravating to accomplish the point that Eisenman was ambitious adapted information. He asked whether Eisenman knows that Theranos had no acknowledged obligation to amend him with “specific” and “individual” advice he was requesting.
In 2020 Eisenman emailed Holmes allurement why Larry Ellison was no best on the board. Holmes responded: “There is no new advice to be aggregate with our broker base.”
Eisenman testifies that he believes Holmes was ambuscade advice from him. Downey tries to bang that, too, and the adjudicator says no — “that was his compassionate of his opinion.”
The aforementioned activating is accident today. Downey asks about accustomed rules about administration advice with investors and he pushes aback about NDAs and the specific bearings at Theranos. Downey strikes several attempted answers.
Eisenman’s absolute affidavit additionally brought up some appealing agrarian emails amid him and Holmes Balwani. They basically advised him like a stalker for allurement for added advice and threatened acknowledged action. And then, incredibly, he still invested added $$ afterwards that!
Eisenman was a difficult attestant for the aegis lawyers. He banned to go alternating with some of Kevin Downey’s yes/no questions and it got testy.
???? “Our Holmes Matter” continues. ???? Abounding anniversary of affidavit in U.S. v. Holmes afterwards aftermost week’s advertisement that the case is acceptable to blow soon. Alan Eisenman, a Theranos investor, allotment to the angle for cross-exam.
Wrapping up. That’s all the claret for the week. Abutting anniversary we’re action all bristles days! ????????????????????????????????????????????????????
This is why boilerplate exists! It can (and will) be acclimated as a weapon in court.
Twice in a row, Eisenman goes on a bluster that “this is what they alarm a boilerplate as you know” and Adjudicator Davila cuts him off, cogent him to acknowledgment the catechism asked. “I’m trying,” Eisenman says.
Downey pulls up Eisenman’s beforehand acceding with Theranos which contains a acknowledged abnegation adage the aggregation fabricated “no assurances” it would anytime go public. Eisenman pushes aback that Holmes told him Theranos was talking to Morgan Stanley about an IPO in the abutting year.
Eisenman: “Can I ask you what a ‘service anatomy agreement’ is? I don’t apperceive what that means” Downey: “You cannot.”
Kevin Downey, Holmes’s lawyer, is cross-examining Eisenman. Adopting his articulation a bit allurement about his beforehand acquaintance and about his conversations with Holmes. Pointing out that Eisenman abandoned had one abbreviate alarm with Holmes afore investing.
Eisenman emails afresh allurement for added advice about potentially affairs his shares. Balwani’s response: “Your emails are calumniating abounding of inaccurate statements and careless of our time. Our abutting acknowledgment to this email and all your approaching emails will appear from our counsel.”
Guy was told an IPO was advancing about a decade beforehand and now can’t get a alarm back. He is now sending emails with PLEASE RESPOND!!! in the accountable lines. And Balwani responds with “I already responded to you”
Eisenman responds allurement for added advice and Balwani responds with this: Alan. I acquire no ambition of responding to this email and acknowledgment the tech and processes. Amuse stop sending me with emails everyday. thanks.
Eisenman emails Holmes and Balwani a abrogating UBS abode about Theranos. Balwani responds that it “sounds like an apprenticed consultant”
And acceptance all that, Eisenman STILL invested $99,990 into Theranos in 2013. Why? “This is alleged a bench at the table.”
Before it was fundraising, Eisenman testifies that Sunny Balwani was “not abandoned nonresponsive but advancing with me.” “To say minimally, he was adverse for an affiliated aeon of time.”
Then Theranos was adopting money afresh and it sounds like *despite all of this drama* Eisenman was accommodating to beforehand added money!
He responded: “It has been over 2 years aback you acquire announced with your investors. … Does this beggarly that you can’t or won’t acquaint with me or the added investors?
From there things got spicy. Eisenman accomplished out Don Lucas allurement for information. Lucas forwarded it to Holmes and she responded: “Alan, we acquire announced about this assorted times afore yet you acquire to abide action bottomward this path. Elizabeth”
In a May 2010 email, Eisenman asks Holmes whether the aggregation hit the $200m acquirement it predicted for 2009. In a afterwards email, he testifies, Holmes said that ambition was “stretched addition year.”
His beforehand for added advice about Theranos’s achievement balked Holmes. “I was added proactive than most. … Administration didn’t like the actuality that I was aggravating to acquaint and get information.” To breach that problem, Holmes offered to buy him out at a 5x return.
Over time Eisenman asked Holmes to accumulate her annual updates advancing and was denied. “There was no advice advancing from the company. To me that’s a affirmation of trouble.”
Theranos told investors it would become banknote breeze absolute by the end of ’08. Now we’re action on a break.
In ’09 Theranos was cogent Eisenman about huge appeal for its cartridges. “These are numbers that are appealing alarming and actualize a appealing cogent bulk for this company,” he said.
Altogether Eisenman’s ancestors invested aloof beneath $1.2m into Theranos. ($900k for him and his wife, $90k for anniversary of three kids) His affidavit follows a adjustment that is absolute accustomed by now: What he accustomed about what Theranos’s technology could do and how he abstruse it.
Eisenman had abounding one-on-one calls with Holmes and she was the basic antecedent of advice on the company. In 2006 Holmes was already adage she was talking to bankers about an IPO in the abutting 12-18 months and claiming $50m-60m in acquirement in ’07 and $200m in ’08.
Eisenman testifies that, about 2006, he was told that Larry Ellison was on Theranos’s lath and was demography $20 actor of an accessible $30 actor fundraise. “My compassionate was these all-embracing pharma companies had adopted this tech in some of their analytic trails.”
Alan Eisenman, a Theranos investor, is now on the stand. He was alien to the aggregation by the Holmes family’s banking adviser in Houston.
Das affidavit ends with a absolute awkward barter area Wade prompted him to anamnesis a adduce from the Best Exotic Marigold Hotel. “Everything will be alright in the end and if it’s not alright, it’s not yet the end.” Why was that relevant? I dunno.
Defense has spent time in affidavit painting Holmes as an amateur actuality who could never acquire accustomed the capacity of how a lab works. Case acicular out that she was CEO of the aggregation and accustomed the patents she claimed to acquire written.
We additionally heard added about the Holmes alibi for the lab problems — she abhorrent it on affection ascendancy issues, not the machines. Allegedly that alibi was accustomed to CMS in a letter that Das signed, akin acceptance he disagreed with that part.
Dr. Das was asked in cross-exam about whether his accommodation to abandoned the tests was “conservative.” In redirect, he was asked about it afresh and he said, “I was aloof afterward the data.”
Back to cross-exam. We see an email in April 2016 from Dr. Das to Holmes blue-blooded “some acceptable news, for once” — abstracts from two valuations looked “excellent” he wrote, akin acceptance he was not “a fan of the studies themselves.”
Now they’re accomplishing a aftereffect about scheduling, which I absolutely ambition would be a basic bar so the columnist could acquire any faculty whatsoever of what to apprehend and plan around…
One issue: Eisenman, who invested in Theranos, allegedly said commodity about abuse of Holmes in the alley and aegis is anxious about that. And secondly, they’re redacting a band from an email that says he had best of his net annual (‼️) angry up in Theranos
During a breach the attorneys are angry over the accessible affidavit of Alan Eisenman.
Wade makes it acquire like Theranos was ballsy for abolishment the tests, accustomed media appraisal and stakes: It was a big accommodation to accomplish to abandoned all of the assays for their analyzers? It wasn’t necessarily commodity anyone basic to do? The addition would be not to acquire to do that?
Now Wade attempts to allegation aloft lab administrator Adam Rosendorff (without advertence that he accommodated in annoyance and leaked to WSJ). You anamnesis the chic was not well-run aback you joined? And that was why you were alive to beforehand it?
Now Wade blames Das: You’re accustomed with Holmes’s accomplishments and training? She wouldn’t be able to serve as a lab administrator in a aerial complication lab? But you were qualified? Ultimately the judgments were yours? You were amenable for the bodies alive beneath you?
We allocution about all the bodies alive on acclamation the problems. Wade: “All these bodies were alive adamantine and in acceptable acceptance as they were adventure these efforts, is that fair?” Das says yes (obviously).
Wade is deflecting allegation to Sunny Balwani, who was in allegation of the lab. Afore Dr. Das, lab admiral appear to Balwani. Aback Das joined, he appear anon to Holmes, and Wade elicits affidavit that this was a change advised to abode the issues.
Before Dr. Das abutting Theranos, CMS inspected Theranos’s labs and issued a anathema abode about lab deficiencies, which we saw yesterday.
???? “Our Holmes Matter” continues in San Jose. ????Holmes advocate Lance Wade is analytic Dr. Das, Theranos’s final lab director. Bygone he testified that he absitively to abandoned as abounding as 60k Theranos tests.
Dr. Das testifies that Theranos voided 50k-60k tests run on Edison machines — all appraisal run on the machines. Patients got “corrected” letters that aloof said VOID. Case is done with Dr. Das.
Das testifies about commodity alleged a “10x warning” on Feb. 25, 2015, aback after-effects appear in either aloft or beneath the able ambit 10 times in a row. He says Theranos affiliated to abode accommodating after-effects afterwards the 10x warning.
Das disagreed — “the validation abstracts had no address on the QA program” — and Theranos never resumed testing on those machines. He concludes: “I activate these instruments to be clashing for analytic use.”
Holmes adapted they accord CMS an alternating annual that the botheration was “not an apparatus abortion but a abortion of the affection ascendancy / affection affirmation program.”
Das testifies that Theranos voided its tests from that 2014-2015 period. He explained to Holmes that “these instruments were malperforming from the absolute beginning.”
The abode goes further, acquainted “a accessible accommodating appulse for every appraisal appear from the lab’s TPSU 3.5 instruments.” “The atom of accommodating after-effects absolutely impacted and the attributes and consequence of any aftereffect are unknown.”
The acknowledgment includes such phrases as “High ante of 102s QC aphorism failures” and “DC CVs far aloft banned for a abiding testing process” which Das simplifies by saying: “It agency there was a lot of blunder noted.”
Das testifies that he had to accede to CMS with a accommodating appulse appraisal out of a regulatory, able and ethical obligation.
Das testifies that he explained the issues to Holmes appliance the archetype of changeable patients abiding aberrant PSA levels (a prostate test) because “females should about not acquire PSA detectable.”
The CMS abode shows that in abundant months amid 2014 and 2015, a cardinal of types of tests showed that 15 percent of tests were actionable a accustomed affection ascendancy rule.
There’s a annual of “conditions” that were not met, including “analytic systems,” acceptation the instruments and methods used. Das testifies that he discussed the issues with Holmes and the Theranos team.
In Nov 2015, CMS did an onsite appraisal of Theranos’s CLIA lab. In January 2016, CMS beatific Theranos a apprehension with the heading: CONDITION LEVEL DEFICIENCIES – IMMEDIATE JEOPARDY
Dr. Das was alive on a CMS appraisal while at Theranos. We altercate a “statement of deficiencies” that was 121 pages long.
(He abutting acutely in March 2016, affiliated afterwards Theranos had about launched.)
Wow, Das testifies that aback he started as lab director, he was not acquainted that of Theranos assuming any tests that it had developed in-house. No tests on Edison, Minilab or TSPU. No tests on feel stick samples.
Defense is agreeable in alternating the way in action of this document; the adjudicator shoots it bottomward as it is already in evidence.
Kingshuk Das, a Theranos lab director, has taken the stand. Lowering the lights to appearance exhibits on a projector in the attorneys feels a bit like a Junior Aerial science class. We see CLIA Lab rules that shows CMS (fed regulators) can abjure CLIA certificates for aphorism violations.
Redirect and re-cross were acutely abbreviate and Sawyer is excused. We’re breaking and addition aloft lab administrator — Kingshuk Das — is up afterwards lunch. I will be accepting a admission to go to the attorneys so I can absolutely see the projected exhibits!
That absurdity was apparent aback Theranos was advancing for an appraisal of its Clia lab. Sawyer says she wasn’t abiding if it was in basic for one or as a aftereffect of one. And with that Wade is done.
Again we altercate that Sawyer agreed to breach at Theranos six weeks afterwards her antecedent contract. Allegedly the paperwork had been candy afield and she was still listed as the lab administrator for a bit and Daniel Adolescent accomplished out to her about it.
Wade asks about “an busy action area they broiled feel and acclaimed places to draw from.” Sawyer: “That’s appealing accustomed for feel sticks.”
Talkin’ ’bout QA QC LDTs (quality affirmation affection ascendancy lab developed tests). Wade asks Sawyer if she active off on an LDT for feel stick testing. “Had you anytime apparent such an busy and specific procedure?” Sawyer says no.
Lance Wade, a advocate for Holmes, pushed Sawyer to say she abandoned asked for the annual once. We additionally altercate an email area Sawyer agreed to extend her time at Theranos (meant to attenuate her comments that she abdicate over apropos about the lab).
The aegis is continuing its cross-exam of Lynette Sawyer, who was a co-director of the Theranos lab for six months. Sawyer had testified that she was balked that Theranos did not accord her a annual of the lab employees.
They’re bulging the exhibits assimilate a wall, which is not absolutely advancing through in the overflow room. A juror had to run and get glasses. The adjudicator says he’s “very embarrassed” that the attorneys is accepting these problems and apologizes.
Fun times, we still acquire not started because of some affectionate of abstruse problem.
Back in San Jose for addition day of affidavit in U.S. v. Holmes. The attorneys are already afresh angry about accessible testimony.
She accommodated in 2015 because she was “very afflictive about the abridgement of accurateness about the lab” and who was in it. There was not akin a actuality she could adeptness out to to allocution about issues she had with the abstracts she was meant to affirmation off on.
She never got letters about lab activities. She abandoned saw abstracts about F.D.A.-approved tests on accustomed claret analyzers. She had no compassionate that Theranos was appliance its own accessories on assays. Whew.
She never met Elizabeth Holmes. She never met her lab co-director (the longtime dermatologist of Sunny Balwani). Her job was to affirmation Docusign abstracts that she had no adeptness to edit.
So, Dr. Sawyer became co-director of the lab afterwards Rosendorff left. She was told annihilation about his departure. She never went to Theranos’s lab. Never knew annihilation about it developing its own tests. Never heard of Edison, Minilab, or any of Theranos’s labs.
New attestant for the aftermost 30 annual of the day. The U.S. has alleged Lynette Sawyer. She was a co-director of Theranos’s California analytic lab amid 2014 and 2015. She was originally meant to be a backup for 2-3 months.
During that time, was Ms. Holmes still your primary antecedent of advice about Theranos? Lucas says yes. Lucas additionally testifies he didn’t acquire any advice about Theranos’s banking bearings afore beforehand in 2013.
Defense fabricated some believability beforehand about Holmes’s age. Lucas afield estimated her age as 19 aback he aboriginal invested (she was 21). In re-cross, Bostic believability out that she was 29 with a decade at the captain of Theranos by the time Lucas’s additional beforehand was made.
Defense believability out that Lucas got a 2.5 percent fee and 16 percent of the upside for investments he fabricated on annual of Anteroom Group into Theranos. Black Diamond Ventures got agnate acceding on the investments fabricated into Theranos on annual of 30 individuals.
Downey accustomed to accomplish the point that Lucas’s blitz to get into the backward 2013 accord may acquire been to get in at a lower bulk aback Theranos was additionally planning addition annular of allotment at a academy bulk the abutting year.
For the aftermost 30 annual or so we acquire done a abysmal dive into the minutia of Black Diamond’s 2006 investment. Which funds, the closes, the co-investors, the price, the dollar amounts.
Once afresh we are apparent a million-dollar beforehand bulk with a 25 cents on the end. Downey asks Lucas to explain that and he offers up a, “Really? You appetite me to acknowledgment that?” (The acumen is to accomplish it an akin cardinal of shares.)
We’re action on a breach and admonition affairs to allocution about “that morning matter” which was a cryptic affair about “transactions” afore we return. No abstraction what it could be.
Downey spends a lot of time on Theranos’s patents and I’m not abiding what the aftereffect is besides assuming that accepting a apparent is a absolute for investors. Lucas says developing the technology is added important.
Downey shows Lucas a annual of accustomed due action abstracts — accumulated records, and IP lists, and absolute agreements, etc. Did Lucas attending at these for Theranos? “No we did not conduct all of this.”
Downey asks if its accustomed for VC firms to absorb a law abutting for action in deals and whether Don Lucas or Pete Thomas of ATA Ventures, addition Theranos V.C. investor, did so. Chris Lucas says he doesn’t know.
Lucas is now actuality cross-examined by Kevin Downey. Did he appoint in the accustomed action of assessing a company? “I don’t bethink how abundant action we did. This was a bearings area Don had already been on the board. … Acutely we acquainted absolute comfortable.”
Once again, we see the Parloff Fortune article. At affair is not the actuality that the commodity had inaccurate advice (which Fortune afterwards corrected), it’s that Holmes beatific it to so abounding investors. “Great article!” Lucas says. “Very appreciative of the situation, appreciative we were involved, absolute appreciative of Elizabeth, the accomplished thing.”
Why didn’t Holmes appetite to accord abounding financials to investors? Barter secrets. “She was absolute concerned, and potentially accurately so, that what she was alive on was absolute transformative and they did not appetite to acquire any advice get out into the accessible area so as to accord one of her competitors a adventitious to drove the aggregation afore the aggregation got to fruition.”
Lucas testifies that the accident contour of his two investments in Theranos were absolute different: In 2006, it was aboriginal date and aerial risk. By the latest date 2013 deal, “the accident goes bottomward and you would achievement to acquire a academy authoritativeness of return.”
Lucas testifies that it was absolute aberrant to beforehand afterwards accepting abounding financials from a portfolio aggregation but he acquainted adequate accomplishing it with Theranos because of his accord with Holmes.
U.S. Advocate John Bostic goes through all the legalese in the beforehand docs, aback we apperceive that the aegis will try to use these disclaimers that say investors accede accident and are adult etc. in its cross-exam.
This is a wire artifice case so we gotta allocution about the actual, you know, money wires. Lucas discusses the acumen of the wire alteration from Lucas’s armamentarium to Theranos, which, fun fact, is absolutely acutely alleged Real-Time Cures.
Why the urgency? Because Walgreens had to catechumen its $40 actor agenda to disinterestedness by the end of the year. Lucas says he authentic that because “You appetite added bodies in the wagon allowance armamentarium the company.”
Lucas was additionally active of how bound Theranos was aggravating to abutting the round. Two weeks amid aperture the annular and closing was “quite compressed.”
We see a annual of questions that Lucas emailed to Holmes in beforehand of the 2013 investment. He was allegation her on aback investors could get a clamminess event.
~ Blockage the boxes ~ Prosecutor John Bostic asks about all the assorted (inaccurate) claims Theranos fabricated about its technology, partnerships, amplification plans, accuracy, etc. Was that an important agency in beforehand and why? Every broker has gotten this annual of questions.
In 2013, the abutting invested $5.4 million. Holmes was his basic antecedent of advice for Theranos. His uncle secondary. They frequently had commons calm and knew anniversary added socially. But “there was not a lot of transparency” about what was action on in the company, he said.
In 2006, Black Diamond Ventures invested $1.5 actor into Theranos. “It was absolutely aloft a cartoon on a napkin but we didn’t acquire at that time that is was anatomic and absolutely developed.”
Chris Lucas founded the abutting in 1998. Don Lucas alien him to Holmes, who he said this about: “She’s absolute amorous about the project. Absolute aboveboard in what she was aggravating to do. Formed all the time. It was all Theranos all the time for Elizabeth.”
????????Back in cloister today for U.S. v. Holmes.???????? The United States has alleged Christopher Lucas, whose abutting Black Diamond Ventures was an aboriginal broker Theranos. He is the nephew of the acclaimed broker Donald Lucas.
After a absolute able redirect, Mosley is done, and cloister is catastrophe for the day. Balloon will resume at 9:30 a.m. Pacific time tomorrow.
Did Theranos currently acquire revenue? Yes. Use its own devices? Yes. Schenk: “Did you anticipate Ms. Holmes had a eyes that one day Pfizer would address commodity acceptable about Theranos?” No, he apprehend it as a abstraction that had already occurred.
All of Schenk’s questions are about whether Mosley anticipation Theranos’s claims were current, or Ms. Holmes’s vision. Over and over, Mosley’s adage that he anticipation Theranos was currently accomplishing these things.
Mosley said he had an compassionate that Theranos could accomplish authentic tests. Again, that came from the materials. He additionally anticipation they had a advantageous accord with Walgreens at the time, from the abstracts and the Fortune article.
Schenk: Did you acquire that Theranos could currently accomplish a all-inclusive adjustment of tests? Mosley: I did. Mosley testifies that compassionate came from the accounting materials.
Cross is done, and we’re assimilate redirect. Schenk says he has aloof “a brace of questions.”
Back to some of the website accent that came up in Edlin’s testimony. “Occasionally, a venipuncture may be adapted based on the lab order, but this is uncommon, and our aim is to annihilate this entirely.” Mosley: “I don’t acquire I knew this at the time.
We’re adorable at an archived archetype of the Walgreens website. A arresting heading: “Goodbye big, bad needle.” A animadversion all the way bottomward the folio addendum that testing could appear with a feel stick or venous draw. Mosley says he doesn’t bethink seeing this language.
We’re abiding to due diligence. Wade asks if Mosley looked at the Theranos website, and Mosley responds, “I can’t brainstorm that I didn’t attending at the website.”
Kissinger is quoted in this Parloff commodity adage that “there is no achievement associated with” Elizabeth, which is ironic, accustomed that her accessible persona — the voice, the turtlenecks, the red lipstick, etc. — was such a huge allotment of the Theranos myth!
Mosley testifies that the commodity was “a absolute acute story” that was “absolutely” impactful aback he apprehend it. Wade’s action through the commodity folio by page.
We’re aback to the Parloff article! Mosley beatific it to the C.E.O. of the DeVos ancestors office.
Holmes batten on an hour-long console alleged “Game Changers.” (Wade basic to broadcast added of this document, which listed all of the altered speakers at the 2014 BDT conference, but Adjudicator Davila said it wasn’t relevant.)
We’re discussing an broker appointment area Mosley met Holmes for the aboriginal time. Wade asks if Mosley would characterize it as a “Woodstock for artful ancestors offices,” the best band of the day appropriately far; Mosley declines but agrees that it was for “high net annual individuals.”
Wade is now talking about the Pfizer report. He has Mosley affirm that he anticipation Pfizer had accounting the report, but never absolutely anon asked whether Pfizer had.
Wade is allurement about Mosley’s assuming of Theranos’s “national retail footprint,” acquainted that the Walgreens affiliation was abandoned in CA and AZ — acutely aggravating to appearance that Mosley may acquire additionally abstract Theranos’s reach.
Mosley additionally wrote: “The best all-encompassing affirmation supplied apropos the believability of the Theranos technology and its appliance is a Abstraction Abode able by Pfizer based on a analytic blight appraisal trial.” As we know, Pfizer didn’t adapt it.
We’re aback to the announcement Mosley wrote. He referred to a Johns Hopkins appraisal that assured that the technology “is atypical and sound.” Mosley additionally acclaimed the Walgreens partnership. Wade asks: Would you apprehend Walgreens to do due diligence? Mosley responds: Yes.
Wade is walking us through the adhesive Theranos gave Mosley to review. Included in the binder: a band claiming that “Theranos technology is able to accomplish the abounding card of chic tests,” alternating with about 200 pages of acknowledging material.
Still, in a 9/2/14 announcement Mosley wrote to Kissinger, he wrote: “There is abundant abstracts and added advice attesting to the quality, achievement and believability of the Theranos technology and equipment.” Wade highlights this line.
Wade asks Mosley to affirm that he hadn’t done abundant appraisal into the aggregation at this point, and Mosley counters that he doesn’t anticipate he would acquire had a way to.
Mosley testifies that his 2014 appraisal of Theranos came from printed abstracts provided by the aggregation and his conversations with Holmes. Wade addendum that Mosley didn’t acknowledgment media in his outline, but Mosley said he had “certainly” apprehend media accessories about the company.
He was additionally affiliated with the Oppenheimer ancestors ($20 million) and John Elkann ($5 million), who were accompany of Kissinger’s but not Mosley’s clients.
Mosley was VERY well-connected with Theranos’s investors. Per a advance entered into evidence, he was the advocate for the Walton ancestors ($150 actor invested), DeVos ancestors ($100 million), Cox family, ($100 million), Andreas Dracopoulos ($25 million), Henry Kissinger ($3 million).
Good morning! I am aback in the attorneys for the Elizabeth Holmes trial. Afterwards some pretrial arguments about whether affidavit from a accommodating alleged BB should be afar (no accommodation yet disclosed), the advocate Daniel Mosley is on the angle to abide his cross.
The lath is absolved for the day. Chaotic accordance today, amid the guy who airtight a photo in the courtroom, a airless 76 bulk allowance and a formed up actuality in the anteroom bugging journalists about their parking dispute.
Mosley’s description of what he does at BDT is comically vague. “I’m circuitous in the administration of the firm, I run the New York office. We admonish and assignment with aerial net annual families and I do that blazon of work.”
I brainstorm this will be a advancing cross-examination. We’re already talking third-generation billionaires and levels of white shoe law abutting prestige.
Theranos’s beforehand docs had a accouterment for binding redemption, i.e., the aggregation could buy aback shares at any bulk at any time. ???? Holmes reassured Mosley that wouldn’t happen.
We see a annual of Theranos’s risks in Mosley’s announcement to Kissinger. Case asks why it doesn’t annual the accident that Holmes could accord inaccurate descriptions of her company’s technology. “I did not acquire it was a risk,” he says.
Mosley testifies that he admired that Elizabeth Holmes’ shares in Theranos had 100x voting ability of the added investors. “She was acutely a abstracted that had created this aggregation and developed the technology and accepting her in ascendancy of the aggregation was a acceptable thing.”
Mosley wrote a announcement to Henry Kissinger about Theranos’s technology with a strong, able endorsement. He believed absolutely in the abstracts from the pharma validation reports.
Byron Trott’s firm, BDT, threw a appointment in Chicago in 2014, area Mosley alien Holmes to the DeVos family, the Walton ancestors and the Cox ancestors — all admirers of his.
We allocution about the acquirement projections and Schenk pre-empts the defense’s altercation that projections are about the approaching and not declared to be authentic by allurement Mosley about that. Aback it was October, Mosley accustomed the $140 actor acquirement bump for the year to be appealing close.
It is absurd how abundant breadth Holmes got out of one Fortune article. I anticipate every broker who has testified said they apprehend it. I acceptance case keeps bringing it up because we apperceive the columnist Roger Parloff will anon testify.
We run through the absolute amphibiology we acquire now apparent abounding times: advertisement out the specific and bright promises Theranos fabricated to investors about its technology and the broker testifying they invested on that information.
We’re adorable at cacographic handwritten addendum Mosley took and it feels like deciphering age-old scrolls
Holmes snail mailed Mosley a blubbery assemblage of presentations in 2014. We altercate curve like: “The aggregation affairs to be artful for the affiliated term.” “Theranos has developed from banknote from its affairs for some time.”
The Web of Powerful Men goes on: We see an email area Mosley offers to affix Holmes to the Walton family. Mosley says Holmes basic investors who were “high affection families.”
Next attestant is Dan Mosley, a advocate and guy about business. He invested $6 actor in Theranos afterwards Henry Kissinger, his client, alien him in 2014. He now works for Byron Trott, Warren Buffett’s broker who was discussed during the DeVos testimony.
Theranos’s assignment with S-P fell off aback the aggregation alloyed with Merck. We see emails from Holmes to Cullen aggravating to move the validation advanced with no acknowledgment from Cullen. Kline accomplish the final point that S-P never told Holmes about her concerns.
Kline, who is a lot folksier than Wade, asks Cullen to echo that she never authentic her apropos with Theranos to the aggregation because it was awkward. Afar from one email, is Cullen acquainted of any emails from S-P or Theranos allurement for added information? “No.”
(Note: This was 2009.) “There was bereft abstruse detail for us to be able to appraise the technology.” She says Holmes answered about exclusively, akin questions directed to others.
Cullen testifies she never objected to the validation protocol. We see the balance for Theranos’s assignment with S-P with the cold of “comprehensive validation of the Theranos cytokine console beneath F.D.A./I.C.H. guidelines.”
Kline asks about the validation assignment that S-P did with Theranos was sufficient. “It hit the requirements, but at the end of the day, the beheading would not acquire been in alignment with F.D.A. requirements for validation.”
John Kline is arch a cross-examination. Cullen testifies that S-P was afflicted with the admirers they did of one claret appraisal on a Theranos apparatus they were given.
In the additional adaptation of this document, the cessation adds the chat “more” to the band about the results’ accuracy. Cullen says afresh she doesn’t accede with that conclusion. End of absolute appraisal of Cullen.
We see the abominable validation abode that featured Schering-Plough logo. Cullen says she did not accede with the report’s abstracts and no one at S-P said the docs were accurate.
Cullen says she didn’t say annihilation about it at the affair because “um, it’s awkward.” Unfortunately I can’t see Holmes’s announcement but I acquire a action if they run into anniversary added in the bath afterwards it’ll be akin added awkward! ????
Cullen adds that there were no absolute answers to questions and the questions were adequately technical, so the acknowledgment should be adequately abstruse and direct. “There were what I’d alarm as active responses or attempts to alter to added capacity of discussion.”
We see a agenda allure and agenda from a May 5 meeting. This was the aboriginal time Cullen met Holmes in person. Cullen said she asked abounding questions and “was dissatisfied, absolutely honestly, with the acknowledgment to the questions.”
Peterson is excused. Abutting attestant is Constance Cullen. Cullen formed at Schering-Plough. They asked her to participate in evaluating Theranos’s technology. They beta activated a few machines and she visited Theranos’s offices.
It’s usually appealing bright in the arcade who is a anchorman and who is a affiliate of the public. There are consistently a few bodies in apparel who I can’t absolutely place. The guy who took a photo had a clothing on. He is, unsurprisingly, not actuality now.
Uh… we went on a breach because addition absolved into the aback of the attorneys and took a photo. That actuality is now actuality chastised by the judge.
Theranos told RDV in October of 2014 that it would do $140 actor in acquirement that year. It had zero. Prosecutor Robert Leach: “Did you in anyhow dream that acquirement for that year would be zero?” She says no, “projections should be somewhat close.”
Peterson pushes back: “You’re aggravating to admeasurement our composure as an broker aback we weren’t accustomed complete information.” Wade moves to bang and Adjudicator Davila tells Peterson to adjournment for Mr. Wade’s questions.
Wade shows Peterson the acknowledged acceding for the beforehand and goes through all the accustomed disclaimers — projections can change, the beforehand was speculative, RDV (the DeVos firm) was accustomed and sophisticated, etc. The “you should acquire accustomed better” argument.
Some believability of contention: Aback the beforehand accommodation was made. Whether Peterson had gone to Theranos’s website to see it advertised CLIA lab tests. What Theranos said about its advancing work. Comments Peterson fabricated in above-mentioned depositions that belie her affidavit today.
Wade keeps allurement questions meant to allurement Peterson over above-mentioned comments, she keeps alms added abundant answers, Wade keeps arresting her answers from record. Afterwards arresting at atomic five, the adjudicator scolds Wade: “Some of your questions are accommodate themselves to an explanation.”
Right out the aboideau case altar to an email aegis is appliance to brace Peterson’s anamnesis that she wasn’t on. Adjudicator Davila: Annihilation can be acclimated to brace a witness’s bond — a shoe, a sock…. Aegis advocate Lance Wade: I’ll accumulate my shoes on, your honor.
???? US v. Holmes continues today with appraisal of Lisa Peterson, who managed the DeVos family’s $100 actor beforehand in Theranos.
Court for US v. Holmes is annulled for today, burst baptize main. Aback Tuesday! Weekly “wrap-up” of one day of affidavit advancing soon.
Now a cloister marshall is absolutely aerial over my acquire watching and active to me type. There is an overflow allowance but the complete is abominable and unreliable. So.. .I anticipate I will save my keystrokes for my own addendum and absolute my tweeting for the blow of today.
It went on and on, with Wade akin annual addendum from a degradation by RDV attorneys from years above-mentioned that acclimated the appellation unicorn and Peterson insisting, “I would never use that word, unicorn.”
Wade: Do you apperceive what a unicorn is? Peterson: Can you explain it? Wade: You’re the beforehand professional. Peterson: It’s not commodity we commonly beforehand in.
Fantastic unicorn agreeable with aegis and attestant ambiguity over the analogue of a unicorn.
Lots of altercation about Dan Mosley, who was a advocate at Cravath. Some abstracts were emailed via claimed Gmail accounts, Peterson said, because “We didn’t apperceive what his role was in all of this. We didn’t appetite to get him in trouble.”
Lance Wade (Holmes’s lawyer) is not arena nice with Peterson, appraisal her on whether the DeVos ancestors absolutely anytime apprehend her memos and her accomplished comments beneath adjuration in depositions about that fact.
This is an absorbing trojan horse to comedy the lath videos that acutely and succinctly abridge what we acquire abstruse so far about Theranos’s problems and additionally assuming Holmes adage the blade stops with her – “I’m the architect and CEO of this company.”
Judge Davila has overruled objections to arena clips of Holmes on Mad Money and we are watching the allotment area she says “This is what happens aback you assignment to change things. Aboriginal they anticipate you’re crazy, afresh they action you, afresh you change the world.”
We are adorable at Theranos’s acquirement projections, including that adventurous $990m for 2015 (with a $230m profit). Peterson said she did not apperceive that Theranos had aught acquirement in 2013 and 2012.
Recall that a Pfizer exec testified it had annihilation to do with that validation report. It never authentic Theranos’s tech. But Theranos put its logo on the abode and showed it to investors.
Prosecution shows Peterson the biased validation abode we acquire heard so abundant about. “Did you acquire this abode as able by Pfizer?” “Yes.” Peterson says that endorsement was a big agency in investing.
A accustomed briefing of Theranos claims to investors. Its technology had been “comprehensively authentic over the beforehand of the aftermost 7 years by 10 of the 15 bigger biologic companies” and subjected to accomplishment testing and audits from authoritative agencies.
We see a announcement that hits this point again, advertence that Theranos’s ambition was to acquisition investors “with beneath accent on clamminess and added accent on affiliated appellation basic appreciation.”
“She was duke acrimonious 5-6 artful families to beforehand in her company. … She was agreeable us to participate in this opportunity.” Peterson says Holmes didn’t appetite ample PE firms/institutional investors b/c they basic Theranos to go accessible and she basic to breach private.
Interesting point about ability dynamics of beforehand in aerial accident startup unicorns: “Did you feel like Theranos was selecting you as an investor?” Peterson: “Very abundant so.”
When Peterson’s aggregation asked Holmes about the risks of beforehand in Theranos, she said the accident was in the “execution” of the Walgreens rollout. Was there a altercation of technology risk? Peterson says no.
We see an email from Jerry Tubergen, C.E.O. of RDV, to colleagues. He absorbed the abominable Fortune awning story, autograph “This morning I had one of the best absorbing affairs I can anamnesis with the women profiled in the absorbed Fortune annual article.”
Lisa Peterson has taken the angle and explained her role at RDV Corporation, the ancestors appointment of the DeVos’s. She manages their PE armamentarium investments and co-investments. She asked to assignment on the Theranos accord bc she’d had some healthcare beforehand experience.
Needless to say this is acutely demanding for the media here. Associates of the columnist now policing bystanders to chase the rules (silence phones etc) so as to not piss off the judge.
(First of all the juror who finds the accounting confusing should absolutely abrasion the audition aids provided by the court. Second, this is a communicable problem. Jurors are spaced out and some are sitting in the aboriginal rows of the audience.)
Ugh already afresh the jurors are balked with loud accounting from the columnist gallery. The adjudicator says if he gets addition complaint he will banish all laptops to the overflow room. A cloister align is action to accomplish the “silent keyboard” aphorism (WHICH IS NOT A THING!).
After her we will apprehend from Alan Eisenman, addition investor.
Today’s aboriginal attestant will be Lisa Peterson, who manages money for the DeVos family.
If there is one affair Adjudicator Davila hates its accepting into a “mini-trial” about ancillary issues with no address on the issues actuality tried.
???? Elizabeth Holmes trial, Anniversary 8 ???? The attorneys are already afresh starting the day by angry over evidence: Case wants to appearance video clips of Elizabeth Holmes arresting Theranos on Mad Money and abroad afterwards the WSJ expose.
Cross-examination captivated up. P.S. Sounds like we’re action to alpha accomplishing benefit balloon canicule on Mondays. All claret all the time!! ????????????????????????????????????????????????????????????????????????????????????????????????
Defense asks whether the acceptability of Don Lucas, the affiliation with Walgreens, its apparent portfolio and its big name lath associates were factors in his accommodation to invest. Tolbert says yes.
The alarm in catechism was absolutely with Chris Lucas’s beforehand armamentarium and Holmes was abandoned on allotment of it. Aegis plays a allotment of the band area Lucas explains a banal breach that gives Holmes abounding control: “She has a abutting butt on the aggregation — let there be no mistake.”
In abounding agency this balloon boils bottomward one axial astriction which is arena out in this cross-examination: Were these investors fools who did not do able diligence? Or was their action attenuated because Holmes fed them bad info?
I’m not abiding how able-bodied this blow absolutely makes the defense’s case, aback she anon says the beforehand money will acquiesce them to aces up assignment on those projects “in parallel.” Aegis hits Tolbert for not allurement afterward up questions afterwards the call.
On cross-examination, aegis replays some portions of the broker call. In this one, Holmes discusses how Theranos was pausing its assignment on advancing and biologic projects in adjustment to focus absolutely on the retail rollout.
We’re now action through the abstruse action of anecdotic how Anteroom Group active its beforehand money to Theranos. This is, afterwards all, a wire artifice case.
One affair mentioned on the broker alarm which has not been addressed — Holmes acclaimed that there were some aboriginal investors who were adorable for liquidity. Admiration if we will apprentice capacity about whether anyone cashed out alternating the way and who they were.
Tolbert says Theranos’s declared advancing assignment was a big allotment of why he invested because it batten to a greater mission. “Theranos wasn’t aloof about an befalling to accomplish money … but to do so in a way that was benign for lots and lots and lots of people.”
I.P.O.? Theranos has a absolute abiding mind-set. “We plan on accomplishing this for the abutting 20-30-40-50 years.” Military? Confidentially, it’s “a big accord for us.” Competition? That’s why we’re so secretive. How are prices so low? We are transforming the affliction process, appropriately savings.
We acquire to a affiliated recording of Holmes answering questions from investors about aback the aggregation will go public, whether it works with the advancing and its competition. Her answers, as the Pfizer guy eloquently put it, are “non-informative, tangential, deflective and evasive.”
In the recording, Holmes says Theranos was growing on “cash from operations,” a.k.a. profitably, aback 2006. Tolbert testifies he believed the gain of the 2013 fund-raise would be acclimated for retail amplification — not R&D or tech development.
I forgot to cheep that addition juror got absolved today for cause. Kinda afraid I’m bad luck, every time I appear aback from missing a few canicule of the trial, addition one bites the dust.
In a third recording, Holmes describes fund-raising — in 2013 Theranos issued shares at $75 a share, up from 82 cents a allotment aback Anteroom Group and Chris Lucas’s abutting aboriginal invested in 2006.
In a additional recording, we apprehend Holmes anecdotic the way Theranos disrupts acceptable phlebotomy with its feel prick tests. Tolbert testifies that that is why he invested.
We’re action until 4 p.m. today but I agnosticism we get to three let abandoned four witnesses. Tolbert testifies about the blow we aloof heard and his consequence of what he anticipation Theranos was absolutely doing. (Blood testing machines — not a axial lab.)
Holmes glanced verrrrrry briefly over to the lath afterwards the recording. Otherwise sitting up stick beeline and not moving, as usual.
Unfortunately I am not able to see the jurors’ faces aloft audition Holmes’s articulation for the aboriginal time. In the recording, she is giving the accustomed angle about Theranos’s big eyes of creating “the bigger lab in the country” and to “change the absoluteness of lab testing today.”
We are action to acquire to some recordings of a alarm Holmes had with investors. Afore introducing them, Schenk, the prosecutor, asked Tolbert if he had had the adventitious to “observe” Holmes’s articulation in affairs and on the call. ????
In 2013, Anteroom Group invested $5 actor into the company. The aggregation had about 10 canicule to adjudge on the beforehand and the allotment bulk had jumped to $75 a share. Tolbert recorded a angle alarm with Holmes. He said he’d been balked about not accepting a lot of advice about Theranos.
We see an email from Chris Lucas to Anteroom Group in 2013 about Theranos abacus lath members. It says “Hopefully, this additionally agency we will alpha accepting added advice from the company.” Tolbert said he’d been absent added afterimage into the company.
Theranos additionally had promised investors it would go accessible in 2008. ????
After that, in 2006, Tolbert absitively to beforehand $2 actor via the beforehand armamentarium of Don Lucas’s son Chris.
Tolbert had banquet with Holmes and Lucas area they talked about Holmes’s eyes and additionally “heard some fun belief from Don Lucas about his beforehand career.” He additionally visited Theranos’s appointment and addition gave him a cartridge.
We see a abundant banking bump from Theranos that shows the aggregation acceptable assisting in 2007. (Narrator: It did not…)
Point for aggregation “Theranos is not a Silicon Valley aggregation because it didn’t accession from acceptable adventure capitalists”: Anteroom Group was primarily a absolute acreage beforehand firm. Counterpoint: Anteroom Group was alien to Theranos by Don Lucas.
Next witness: Bryan Tolbert of Anteroom Group. The abutting invested $5 actor in Theranos in backward 2013.
On appraisal of Shane Weber, Holmes advocate John Cline hammers the point that Weber did not advance his abode about Theranos to Holmes. The point (I assume) actuality that, afterwards seeing the report, Theranos had every acumen to accumulate cerebration Pfizer admired its technology.
Did Pfizer and Theranos acquire any allusive business affairs afterwards 2010? No. Do you accede with annual that Pfizer authentic Theranos’s technology? No I do not. You came to the adverse conclusion? I did.
A funny affair about TV trials is that they explain the objections in accustomed accent but in absolute action they say things like “objection, this is 702 territory” or “same 406 from aftermost time your honor.”
We get a ancillary by ancillary of the report, one with Theranos logo on it and one with the Theranos and Pfizer logos on it. Would it be fair to say in 2010 or afterwards that Pfizer accustomed Theranos’s technology or assiduously authentic Theranos’s technology? Weber: “No”
Now we see an email from Walgreens to Pfizer, which includes the validation abode I mentioned aloft area Theranos put Pfizer’s logo and adumbrated its approval. Weber said he hadn’t apparent this afore the admiral showed it to him.
Weber alleged Elizabeth Holmes to acquaint her Pfizer wasn’t action to assignment with Theranos. In an email to a colleague, he said “I was affable bright brittle and patiently abutting as she pushed back.” Writes that Holmes asked for added names at Pfizer to allocution to and he “politely deflected.”
The certificate added lists six abstruse due action questions that Weber asked Theranos advisers on a buzz call, and concludes their answers were “oblique, deflective or ambiguous non-informative answers.”
Most of Weber’s answers acquire been absolute abstruse and abounding of abracadabra abiding to abash jurors but that annual of adjectives hits appealing hard. (Defense accustomed to object.)
Further in his summary, Weber says Theranos’s abstracts are “not believable” and calls the company’s answers to due action questions “non-informative, tangential, deflective or evasive”
(Recall that aftermost anniversary we saw a certificate with Pfizer’s logo on it that adumbrated that the aggregation authentic Theranos’s technology, which Holmes acclimated to accost beforehand from Walgreens and others)
After talking with Elizabeth Holmes and reviewing a agglomeration of abstracts (including a patent), Weber created a arbitrary abode on the use of Theranos technology. Acquire this is the abode the aegis didn’t appetite apparent to jurors, and the adjudicator accustomed Folio 1. Weber’s recommendation: “Theranos does not at this time acquire any analytic or analytic absorption to Pfizer.”
We activate with a alternation of emails establishing why Weber was circuitous with Theranos at Pfizer — his role was to accomplish a advocacy to the aggregation about its technology. “We were adorable for analytic capabilities that would accessible the aperture for added able assimilation of patients.”
The U.S. has alleged Shane Weber, who was a scientist at Pfizer. He is speaking audibly and acutely into the mic and for that I acknowledge him. ????
Sounds like we’ll be audition from our aboriginal broker (aside from Walgreens): Brian Tolbert of the beforehand abutting Anteroom Group is acceptable to affirm today.
???? Aback in cloister for the artifice balloon of Elizabeth Holmes. It is rainy, the case affairs to alarm four assemblage today, and the columnist corp is accounting every so anxiously afterwards actuality scolded for confusing a juror with our keyboards.
As usual, we are starting backward because the attorneys are angry over acceptance a certificate and there is an affair with a juror.
Edlin is excused, and we are breaking for the day. Erin Griffith will be in the attorneys on Friday aback balloon resumes.
Edlin on his best to leave: “In the year afterwards the antecedent WSJ accessories came out, the aggregation claimed that it would be able to prove that the technology formed and prove that those claims were not true. The aggregation was clumsy to altercate anyone that those claims were apocryphal and that its technology and science worked. That gave me austere doubts as to whether the aggregation was able of proving its technology worked.” He came to the cessation they would never be able to prove it, he said.
Bostic: At Theranos, whose accommodation was it to acknowledge what advice to the press? Edlin: In my experience, Elizabeth was the abandoned actuality who announced anon with the press. Bostic: Did anyone accomplish decisions about what she was accustomed to say? Edlin: I don’t apperceive if she consulted with anyone.
Bostic: Who did the final appraisal of broker presentations? Edlin: Elizabeth.
Now, adorable at aback Holmes advised in on website language, allurement to say a 4-hour window rather than 2 hours. Rather than acclamation this, Bostic seems to be pointing out that in added cases (including website/investor presentations), accent about “superior accuracy” fabricated it in.
OK, and we’re now aback to an email Downey brought up, area Holmes wants to put the accent about the venous draw in the basic anatomy of text. The accent she basic alleged venipunctures “uncommon.” Bostic believability out that venous draws were acclimated in 40 percent of the time at Walgreens.
Bostic: Who had final say over what after-effects were appear in the demo? Edlin: Daniel did and Elizabeth did.
Bostic: Was allotment of that a admiration to appearance that the technology performed well? Edlin: Yes. Bostic: How is this purpose served by ambuscade errors? Edlin: I don’t know. Bostic: What about denial results? Edlin: I don’t know.
Rapid-fire analytic from Bostic aloof now. Edlin: The purpose of the tech demonstrations was to “showcase or authenticate the Theranos technology. In some cases, tests were run. In others, tests weren’t run. In general, to appearance the functionality of the Theranos technology.”
Back from break, and Bostic says he has about 30 annual larboard of cross-examination. Downey says that we’ll accomplishment with Edlin today. We’re now adorable at a certificate apropos the Limited Cold Experiment with the U.S. Axial Command, which Edlin testified afresh did not occur. Completion of this abstraction was a prerequisite to analytic use of Theranos accessories by the military, Edlin confirms.
Downey wraps cross, and Bostic is aback for redirect. We’re starting with the accord with the military. Bostic addendum that abandoned 28 bodies alternating in the bake study. Edlin additionally doubles bottomward on his antecedent affidavit that the advancing never acclimated Theranos accessories on soldiers.
Looking at addition email about the advertisement for Walgreens, area Christian Holmes is relaying acknowledgment from Elizabeth. Throughout cross, Downey has brought up emails/instances area Elizabeth has advocated for accurateness and acknowledgment to annul what we saw in direct.
Back from breach and adorable at a presentation Edlin helped adapt for an investor. In an email analytic the accurateness of a affirmation in one graph, Holmes wrote: “If they currently do air-condition afresh we should reflect that so we are authoritative an authentic claim.”
Downey is aggravating to authorize that the use of the admirers app, brought up by the government, isn’t deceptive/malicious, pointing out that addition may appearance up and not get their claret fatigued and that there were altered protocols for altered scenarios.
Downey is discussing the admirers app, which as apparent afore bouncer failures from the patient. “You were not aggravating to deceive anyone in this admirers process, correct? And you did not acquire that anyone abroad at Theranos was aggravating to deceive anyone in this process?” Edlin agrees.
Shifting capacity to demos, afterwards about an hour of analytic about Theranos’s advancing relationship. About 10-15 bodies formed on the aggregation to do demos, with Daniel Adolescent reviewing and acknowledging all demos, Edlin testifies.
Givens wrote that the apparatus “seemed to action able-bodied in the environment,” and her abandoned complaint was the touch-screen. She wrote that she hoped to get allotment for a abounding proposal.
Downey is bringing up emails from Melissa Givens of U.S. Africa Command and aloft Theranos V.P. Daniel Adolescent advertence that the accessory performed able-bodied in aerial temperatures in Africa. Yesterday, the government showed affirmation adage that the accessories couldn’t accomplish over 82 degrees.
Good morning from San Jose! Daniel Edlin is aback on the stand. We’re still assured aloft Pfizer affection administrator Shane Weber next.
We’re breaking for the day. I’ll be aback tomorrow at 9 a.m. for added of Edlin’s cross-examination.
Downey asks Edlin a alternation of questions about whether he anytime took accomplish to put advanced any affirmation he knew to be false. Edlin says afresh that he did not. “That advice was codicillary on advice you had gotten from scientists in the company, correct?” “Yes.”
Downey started by accepting Edlin affirm that he was not a tech able — Edlin majored in accessible action at Duke.
And — aegis changes the accountable completely. We’re aback to talking about Theranos’s technology as we activate cross-examination.
With that, we’re through with absolute and assimilate cross. Affidavit is appointed to end at 3 today, so Edlin will acceptable abide tomorrow.
Edlin said he was in affairs area Balwani said he would adjourn to Holmes. “Generally, she was the C.E.O., so she had the final controlling authority.” Edlin said he saw them disagree about “certain topics.” Aback they disagreed, Edlin says there wasn’t consistently a accommodation that was made. He saw times aback Balwani would adjourn to Holmes but can’t anamnesis the reverse.
Back from break. Bostic is pivoting to what Edlin empiric of Holmes and Balwani alive together. Holmes and Balwani had offices abutting to anniversary added with bottle walls. They generally ate cafeteria calm and were in altercation together, he said, but annihilation abroad stands out.
We’re action through slides accustomed by Holmes and beatific to the advancing for a 2012 bake study. Afterwards abounding claims, Bostic asks Edlin whether he knew at the time whether this was authentic or not. Edlin says afresh he didn’t know, but he had no acumen to agnosticism it. One exception: One ammo apprehend that best after-effects could be acquired in beneath than 20 minutes, but Edlin testified that admirers run times were usually best than 20 minutes.
In the doc: “Theranos has created a point-of-service chic basement that generates real-time abstracts from a finger-stick of claret or added micro-volumes of altered sample types carrying academy affection abstracts than advanced possible.” Also: “Each Theranos accessory can run every appraisal currently accessible through the acceptable centralized or hospital chic infrastructure.” Edlin testifies: “I had no acumen to acquire it wasn’t true.”
We are now adorable at a certificate that was beatific to Aloft Steven Cook. “Everything in this certificate was advised and accustomed by Elizabeth,” Edlin testifies. Holmes was awful circuitous in every discussion/email advice he had with the military, he says.
Switching capacity to Theranos’s interactions with the military. Edlin helped abutment Theranos’s advancing and D.O.D. relationships. “The end ambition for these communications was to set up a appraisal affairs that would appraisal Theranos testing to the testing accessible to the military.”
Edlin testifies that he doesn’t bethink Holmes allurement him to booty out accent like this from broker binders, and says that he remembers presentations like this actuality beatific to added investors as well.
Under the branch “Same Tests, a Accomplished New Approach”: “The actionable advice you need, 1/1000 the admeasurement of a archetypal claret draw.” This folio additionally says “the accomplished levels of accurateness and precision.” Theranos’s advocate flagged this accent in affiliation with the website.
Included in a adhesive beatific to Rupert Murdoch: “Theranos’s proprietary, patented technology runs absolute claret tests from a finger-stick and tests from micro-samples of added matrices, and generates decidedly academy candor abstracts than currently possible.”
Edlin testifies that he would adapt anchor for investors. “Elizabeth asked to appraisal them and already they were advised and accustomed … I would advance them to investors,” he said.
Bostic shows Edlin the declared Pfizer/Theranos abstraction report, but Edlin doesn’t apperceive who created it or put the logo there, he testified.
The business on Theranos’s abstract website included “a tiny bead is all it takes” and “highest affiliated of accuracy.” In a four-page email, Theranos advocate Kate Beardsley aloft accurateness questions about some of this marketing, in some cases allurement for analysis or suggesting changes (i.e., “full range” to “broad range,” “highest quality” to “high quality”).
Edlin testifies that Holmes was “very circuitous and detail-oriented” in reviewing and acknowledging Theranos’s marketing. “For the end product, and for what absolutely went assimilate the website, she did appraisal that.”
Dec. 27, 2015, email from Holmes apropos a “VIP guest”: “You can say we do run those assays, but were not able to run them on this sample, allegedly due to a animal absurdity in sample handling.” However: We aloof saw an email from a Theranos scientist adage it was not animal error. This email was in commendations to a Forbes biographer who planned on autograph about his experience.
Regarding those results: Bostic enters a Jan. 7 email from Tina Lin to Edlin, acquainted some issues with the after-effects (some high, some low). “We acquire no sample for echo aback it was a abbreviate draw,” she wrote. Theranos began testing in wellness centers over a year ago, Bostic notes.
Jumping advanced to the Murdoch investment. Jan. 6, 2015, from Holmes: “I [sic] would be an annual to acquire you be allotment of our company.” Jan. 7 from Murdoch: “Thanks, Elizabeth. Enjoyed every minute of it. Any claret results? See you soon, Rupert”
Email from Edlin: “Unfortunately by the looks of the Thyroid console after-effects beneath it appears to acquire had aloft issues again.” Balwani: “To say this is acutely black will be a gross beneath statement.” This was about a ages afore the accessible launch, Edlin testifies.
We’ve spent the morning so far adorable at altered email chains in which Daniel Adolescent instructed Edlin to change or abolish aberrant appraisal after-effects from admirers reports. Holmes has been included on abounding of these emails.
The lath is seated, and Daniel Edlin is aback on the stand. We’re starting afresh with a epitomize of Theranos demos. Aftermost Friday, we discussed how they acclimated the “demo app,” which cloistral accessory failures from view, or the “null protocol,” which wouldn’t absolutely appraisal the sample.
Good morning! I’m in the attorneys in San Jose. We’re starting with Daniel Edlin, a aloft arch artefact administrator at Theranos (and academy associate of Christian Holmes). Based on pretrial arguments, we’ll acquire aloft Pfizer affection administrator Shane Weber next.
With that, we’re breaking for the weekend. We’ll aces up with Edlin on Tuesday.
We’re adorable at an email alternation amid Edlin, Daniel Young, Michael Craig and others, advancing for a tech demonstration. They adjudge to go with the admirers app, which “shields acceding failures from the client,” Craig wrote. If an absurdity had taken place, it wouldn’t appearance on the awning that an absurdity had taken place. It would say active or processing, Edlin said.
Edlin conducted trainings for Walgreens agents and would accord tours about Theranos. “In beforehand of the tour, there were some areas of the labs that were hidden by a partition” to burrow Theranos devices, Edlin testifies.
Edlin was acquainted at the time of Theranos appliance adapted third-party accessories to run venous draws but did not apperceive the third-party accessories were acclimated for fingerstick draws until 2016.
Edlin formed on the “front-end chump experience” for the Walgreens partnership, including the store’s branding and business as able-bodied as software acclimated by patients and technicians. Edlin testifies that he was accustomed with the Edison machines (3.0 and 3.5), the MiniLab, and the Edison 4 alternation (the next-gen adaptation of the Theranos devices). The next-gen versions were never acclimated for analytic accommodating testing, he testifies.
So far, Edlin has testified about Holmes’s assignment habits — she was in the appointment “all the time,” from aboriginal morning to backward black and on weekends — and about how advice was kept siloed aural Theranos, on instructions from Elizabeth, Christian and Sunny.
Edlin was recruited to Theranos by Christian Holmes, who Edlin describes as “one of my abutting friends.” He aboriginal met Elizabeth Holmes through Christian while Edlin and Christian were at Duke.
Daniel Edlin, a aloft arch action administrator at Theranos from 2011 to 2016 who formed anon with Holmes, is on the stand.
After a break, we’re aback in session. There may be added disruptions advancing up to the balloon schedule: A juror’s mother-in-law anesthetized abroad aback and she may acquire to biking to the Midwest, and a acquaintance of Davila’s is alarmingly ill.
Redirect is done, and we are aback to re-cross. Afterwards some aback and alternating on Dhawan’s assumptions that Theranos advisers were accomplishing their jobs, Dhawan has been excused.
The government is allurement about Lynette Sawyer. Dhawan says he didn’t accommodated Sawyer and doesn’t apperceive whether she went into the lab or saw the Edison. In general, the government is alive to appearance that Wade’s band of analytic relied on assumptions.
We’re through cantankerous and into redirect. Wade’s appraisal backward on the aforementioned theme: that Theranos had affluence of able employees, and Dhawan’s basal attendance in the lab wasn’t a concern.
Wade is pointing out that Dhawan, as a part-time employee, delegated his responsibilities to altered full-time Theranos employees. “No one was assuming you were there every day,” Wade continued. “You were there as needed, right?”
Lance Wade is starting with altercation of Dr. Lynette Sawyer, who additionally served as a part-time lab administrator during this time. Dr. Sawyer did not appear up during absolute bygone — Wade seems to be arguing that Dhawan didn’t do abundant because Sawyer was administration added of it.
After a juror overslept, we are assuredly starting affidavit in “Our Holmes Matter” in San Jose. We’re starting afresh with Dr. Sunil Dhawan, who became lab administrator afterwards Adam Rosendorff left.
Motion to bulldoze is denied, Parloff is not adapted to about-face over his notes. Adjudicator said it doesn’t akin acquire to get into the affair of reporter’s advantage because the aegis hasn’t fabricated a able abundant case for it. “It’s a fishing expedition.”
We’re wrapping for the day. I’ll be aback in the courthouse at 9 a.m. tomorrow aback the balloon resumes.
Parloff admonition David Korzenik: “The balloon is not about Mr. Parloff’s accompaniment of mind. It’s not a aspersion case adjoin his consecutive commodity in which he adapted his first.” “He can abandoned affirm as to what Ms Holmes told him.”
Wade is allurement about Dhawan’s interactions with Holmes and Balwani. Wade says that Balwani was active the chic from an operational standpoint. Dhawan says he can’t animadversion on that, but his acceptance was that he was.
With 15 annual to go today, we’re starting in on cross-examination. Wade (who spent canicule on the angle cross-examining Rosendorff) is starts by establishing that Dhawan is a awful accomplished professional.
Dhawan says he doesn’t anamnesis anytime allurement questions or allurement a abode to be changed. He additionally active a certificate about advertisement of analytical ethics afterwards anytime seeing a analytical value.
Rosendorff had active the abstracts afore Dhawan did. “It gave me some advance that there had been some administration afore my time of arrival,” Dhawan testified. Dhawan active the validation for the Edison afterwards anytime seeing it run anything.
Also, “We appetite to appearance the advice he was acicular to. It doesn’t bulk if it turns out to be absolute or incorrect.”
Onto the Parloff matter. Cline says the Holmes affected wants to Parloff’s advertisement addendum in adjustment to appearance that Parloff “was black by bent — a admiration to allegation any errors he fabricated in his antecedent commodity on Ms. Holmes rather than” his own errors. Wow.
The cloister adjudicator grants motion for the exclusion. “He’s testifying as to accessory things. He’s advertisement and testifying about commodity addition abroad said or did that he covered. He absolutely is affiliated to an able attestant who has calm advice from abounding sources.” Carreyrou is now accustomed to be in the courtroom.
The Q.C. manager, Langly Gee, alien himself to Dhawan in August 2015. He basic Dhawan there for the CMS appraisal on 9/22/15. Dhawan said he was there for the audit. Afore that, he said he active “whatever was beatific to me.”
Dhawan did not go to Theranos every day. He went to Theranos twice. He didn’t coact with patients, physicians or Theranos lab employees. He never dealt with Q.C. He thinks he formed 5-10 absolute hours from November 2014 to June 2015. For this, Dhawan was accepting paid $5,000 a month.
Cline: “I acquire this is a accident for Mr. Carreyrou. He’s not the abandoned one adversity a hardship. Ms. Holmes’s ancestor is a witness. We may alarm him. He’s accepting to absence the balloon of his daughter.”
Prosecution addendum that it already brought a motion to block any arguments that there was allocation amid the government and Carreyrou. Says there is no affirmation of that and that Adjudicator Davila already agreed to block such arguments.
Will the Holmes affected alarm Carreyrou as a witness? Holmes advocate John Cline: “I can’t acquaint you at this point who we’re action to alarm as witnesses. We may. We may not put on a case. We may alarm Ms. Holmes. … I can absolutely acquaint you we may alarm him.”
As expected, we are now calling Dr. Sunil Dhawan, a dermatologist who became Theranos’s lab administrator afterwards Rosendorff left. Afterwards several canicule on Theranos’s partnerships with added companies (Safeway, Walgreens), we’re now aback to centralized Theranos workings.
After abrupt re-cross from Downey, Jhaveri is excused.
He adds that any amendment issued to Carreyrou would be in bad acceptance or harassing. One example: “Ms. Holmes arch her advisers in a carol that says F You, Carreyrou. Acutely I’m abbreviating that.”
Carreyrou lawyer: “We acquire he’s actuality singled out because of his above-mentioned advertisement and because of the acrimony Ms. Holmes has for him.” Advocate additionally says it’s a bulk of Aboriginal Amendment rights.
Schenk is up for redirect. He addendum that the accommodating acquaintance surveys were afore they got their appraisal results, so if they, for example, were told they were not abundant but were in actuality pregnant, that would affect their acquaintance but wouldn’t be counted in appraisal results.
Judge: “I’ve not been afterward Mr. Carreyrou’s podcast, but as I acquire it he’s been able to abode on what’s action on and animadversion on what’s action on.” Adjudicator asks what’s the problem?
On the Carreyrou matter, the cloister adjudicator adapted that he be categorized as an able witness, “a businesslike solution,” he said. Holmes ancillary said (understandably?) that that doesn’t accomplish a lot of sense.
Defense has accustomed to bulldoze Parloff to absolution his notes. Some of them (old emails) no best exist. But others would absorb banishment him to about-face over addendum and sourcing, etc. He already provided some recordings of interviews to both abandon but is angry the amendment for notes.
They’re additionally action to be ambidextrous with the motions involving Roger Parloff, who wrote a Fortune awning adventure that is absolutely actuality discussed in balloon at this moment.
While affidavit is happening, there is additionally a abstracted Zoom audition now with a cloister judge, Nathanael Cousins, over whether the announcer John Carreyrou will be accustomed in the courtroom.
Looking at a January 2015 accommodating acquaintance appraisal summary. Patients rated the all-embracing acquaintance as 4.81/5 — added abutment for Downey’s band of altercation here.
In general, Downey seems to be demography a absolute reasonable, affable accent with this appraisal (in contrast, for example, with the way Wade started off cantankerous with Rosendorff two weeks ago). Basic points: aperture aliment is hard, but patients were happy.
Downey is absolutely aggravating to highlight accommodating achievement to appearance that the affiliation was a success. Jhaveri pushes back, adage that accommodating acquaintance was one important factor, but so was bulk of build-out, venous draw percentages, etc. Jhaveri does acquire that he doesn’t bethink accepting abrogating acknowledgment about the tests actuality done in venous draw form.
Other abstracts showed that Walgreens didn’t accommodate venous draw percentages amid “key affairs risks” and that Jhaveri told Walgreens colleagues not to altercate approaching bazaar amplification affairs alfresco California and Arizona.
Downey highlights abstracts that accomplish the case that the affiliation was accomplishing bigger than the government corrective it as. We saw a set of Walgreens/Theranos affair annual adage that accommodating acquaintance surveys were “off the charts.”
Downey establishes that Jhaveri had absolute little acquaintance w Holmes; Jhaveri says he met with her “two or three times at most.” (His basic point of acquaintance was Balwani.)
Back from break. Downey is starting cantankerous with questions about how aperture aliment is a difficult job.
After annual the texts, the government accomplished its absolute appraisal of Jhaveri. We’ll aces up with cantankerous afterwards the break.
Here’s the abounding certificate with 36 pages of texts: https://www.documentcloud.org/documents/21081045-holmes-balwani-texts
Text letters amid Holmes and Balwani about Walgreens! Jhaveri and Schenk are, for whatever reason, demography turns accomplishing a alive reading. (Jhaveri is Balwani; Schenk is Holmes. This does absolutely feel affectionate of like aerial academy English class.)
In 2015, venous draw percentages never went bottomward abundant to aggrandize aloft 40 aliment in Arizona and one in Palo Alto. Balwani’s annual for the percentages never changed. Then, in backward 2015, Jhaveri testifies, he apprehend a abrogating commodity about Theranos. Walgreens chock-full alms Theranos tests in 2016.
General affair of Jhaveri’s affidavit appropriately far: Theranos wasn’t hitting its targets apropos venous draw percentages, but Jhaveri was accommodating to accumulate alive with them. But, the government notes: What Jhaveri didn’t apperceive was that Theranos was not accomplishing testing on its own devices.
8/15/2014 email from Jhaveri, area he wrote that “we acquire fabricated astonishing advance in the abbreviate 5 months.” Jhaveri still believed that Theranos was accomplishing testing on its own devices, he testifies. In the aforementioned email, Jhaveri wrote that he wants to focus on convalescent accommodating acquaintance and “venous percent in the 10% range.” At that point, it was still about 40%.
Now adorable at revised goals from August for the Theranos partnership. For F.Y. 2015, they were now aiming for 200 aliment instead of 500, based on the after-effects of the pilot. The venous draw percentages and the bulk of the buildout were two affidavit for the bargain goals, Jhaveri testifies.
In June 2014, Jhaveri still anticipation that Theranos was accomplishing its testing on Theranos devices. He did not apperceive that Theranos was testing patients’ claret on adapted third-party devices. And no one, including Balwani, was annoyed with the venous draw percentages.
When Theranos did a feel stick draw, Walgreens anticipation that claret was actuality activated on a Theranos device. Walgreens did not apperceive it was actuality activated on a adapted bartering device, Jhaveri testifies.
Walgreens agreed that some, added circuitous tests ability consistently crave venous draws, but those tests were declared to be beneath common. A advance attributes the “higher cardinal of venous draws so far” to “learning action about acclimation patterns for Arizona,” not tech problems.
The allotment of feel stick draws was “very important,” Jhaveri testifies. “That was the Theranos technology that we had active a affiliation on. … That was the absolute abracadabra that was so arresting to us.”
Patients could acquire acceptable lab assignment via venous or feel stick test. Traditionally, labs would do venous draws. Theranos, as we know, promised to do the aforementioned tests on a babyish bulk of claret through a feel stick, which Jhaveri calls “extraordinary.”
At the time, Theranos was in one abundance in Palo Alto and two in Arizona. They were tracking customers’ adjournment time and acquaintance level. They were additionally tracking some lab measures, including accommodation of venous vs. feel stick tests.
Jhaveri was alive to “operationalize” the Theranos affiliation — accretion the affiliation from the three aliment it was in at the time. This included construction, design, layout, training, chump experience.
In aboriginal 2014, he became bounded carnality admiral of bloom affliction services, and the Theranos affiliation became allotment of his responsibilities at this time.
He re-engaged with the Theranos aggregation at the end of 2013. At that point, he was still alive on the new pharmacy architecture and basic to bulk out how the Theranos affiliation would fit into the experience/construction of the store.
He aboriginal heard of Theranos in 2010, aback he was arch a action to redesign Walgreens pharmacies to be added customer-centric. He met Holmes and Balwani aback he gave them a abbreviate bout of a Walgreens store.
Jhaveri formed at Walgreens for 29 years (1989-2018). He’s a registered pharmacist with an MBA in authoritative management.
We’re done with absolute examination. On cantankerous (which takes about one minute), the aegis establishes that Amenta didn’t acquire adapted ability of the wire transfers aloft alive that they occurred. And we are now done with Amenta and assimilate Jhaveri.
Prosecutor John Bostic is demography Amenta through federal wire transfers beatific to Theranos, allegedly to appearance that wire transfers were made.
Jurors acquire filed in. Amenta is on the stand.
Back in the attorneys for a adapted Thursday archetype of the Elizabeth Holmes trial! Today’s accustomed witnesses: Robert Amenta, agent arch investigator at the Federal Reserve Coffer of New York; Nimesh Jhaveri, a aloft Walgreens executive; and Dr. Sunil Dhawan, a aloft Theranos lab director.
That’s it for today. There will be balloon tomorrow and one of the assemblage will be Nimesh Jhaveri, aloft arch of bloom affliction casework at Walgreens.
The abutting attestant is Robert Amenta, agent arch investigator at the New York Federal Reserve. We aloof absolved through an annual of what the Fed does. U.S. Advocate John Bostic: “So it’s a coffer for banks.”
In 2015, afterwards the WSJ Theranos expose, Miquelon wrote an email to Holmes: “You are in my thoughts, adhere in there. The haters are everywhere but your addition to the apple cannot be bottled up.”
Defense makes the case that Walgreens entered into its acceding with Theranos alive it did not acquire F.D.A. approval. Walgreens had the adapted to abolish the affiliation if Theranos did not get F.D.A. approval by the end of 2010. (It did not, and Walgreens did not terminate.)
On diligence, Miquelon says: “I would ascertain action as advance over a brace of years — action continues and that’s one acumen why you acquire a revised acceding and addendums to that.”
Downy fabricated the point that abounding of the promises Holmes fabricated about Theranos’s technology were fabricated aback the aggregation planned to put machines in stores. Abstraction actuality that those promises are extraneous because Theranos absitively not to put machines in stores, but appraisal in its own lab.
On cross-exam, Holmes advocate Kevin Downey is architecture up how big of a accord this accomplishment was to Walgreens. Miquelon said Walgreens assassin a abutting to appear up with a annual of 180 start-ups alive on lab development, which the aggregation evaluated.
The fee hinged on the affiliation hitting assertive milestones, but in August 2013, Holmes emailed Walgreens allurement to advance the acquittal and advance the money sooner.
WOW this ability be accessible advice but I wasn’t acquainted of it. Walgreens paid a $100 actor “innovation fee” to Theranos for the advantage of partnering with them. The absolute beforehand in disinterestedness abandoned came in the anatomy of a $40 actor convertible note.
???? Afterwards a two-hour adjournment acquired by jurors adopting issues about their questionnaires actuality fabricated public, affidavit in the Elizabeth Holmes balloon (or, per the judge, “Our Holmes Matter”) is alpha with Wade Miquelon, aloft C.F.O. of Walgreens.
Miquelon describes the art of believability trading — in an email affairs Theranos to his colleagues he addendum Larry Ellison’s endorsement. The prosecutors additionally accomplish the point that Theranos was seven years alternating — pre-empting the “just a adolescent start-up” defense.
We’ve apparent several abstracts from pharma companies acknowledging or acceptance Theranos’s technology. I acquire these are the aforementioned ones we saw in the aperture arguments, which were a appealing big smoker gun. The affidavit hasn’t yet discussed whether they were falsified.
Miquelon offers a absolute accustomed adventure by now: He was aflame by the affiance of Theranos’s technology. Lots of bargain tests on a feel stick of blood. We additionally apperceive by now that assemblage charge be absolute specific about the claims Holmes fabricated because aegis will aces them apart.
The abutting attestant is the aloft Walgreens C.F.O. Wade Miquelon (now C.E.O. of Jo-Ann Stores).
Burd draws the band at acquirement and profitability. “If you’re hitting able acquirement dollars about to admeasurement and you’re authoritative money, I would say you’re on your way.” (If they had asked me, I would acquire authentic a start-up as a artful venture-capital backed company.)
On alter we altercate the analogue of a start-up, agitation defense’s affirmation that Theranos was aloof a tiny cipher ambidextrous with a big bad corporation. “Do you differentiate amid a start-up that is 7-10 years old vs one that is aloof starting out of a garage?”
Downey aggravating to accomplish the case that Safeway’s banal had had a big bead amid above-mentioned to Burd leaving. He does not booty that bait. “In 20 years, that happens frequently.”
We go aback and alternating over the Theranos lab set up as a appraisal on Safeway’s accumulated campus. Burd was balked that it was declared to acquire a “box,” one of Theranos’s claret analyzers, but for “secrecy” reasons, didn’t get one. Eventually it was shut down.
Downey has broiled Burd on the acknowledged capacity of their affiliation that gave Safeway exclusivity rights, paybacks, etc. on whether there was anytime a adamantine borderline accustomed for the launch.
A lot of focus on the action that Safeway did on Theranos and its technology. Burd batten with assorted doctors and lab admiral at Johns Hopkins, who said they had not had the Theranos machines affiliated abundant to validate them. “The box was taken aback by Theranos.”
Kevin Downey, Holmes’s lawyer, is now cross-examining Burd. Architecture up all his experience, expertise, sophistication, etc., to appraisal with Holmes and Theranos. “You knew at the time that she was a absolute adolescent entrepreneur. … And you knew the aggregation was a start-up?”
Just email afterwards email from Burd to Holmes cogent disappointment. “We are so acceptable calm aback we collaborate, but I acquire never been added frustrated. I appetite to help, but you are authoritative it difficult.”
Burd emailed Holmes: “I can anamnesis accepting beat already is (sic) the aftermost 61 years. That said I am accepting abutting to my additional event.” Do C.E.O.s consistently email anniversary added this way?
Burd emailed Holmes accusatory about delays on ablution Theranos tests axial Safeway stores. “I feel like a jogger active in abode cat-and-mouse for the stop ablaze to about-face green.” Addition email has the accountable band “Becoming Discouraged.”
Burd emailed Holmes in 2012 cogent apropos about a Theranos lab on Safeway’s campus. “I am absolutely anxious that Safeway’s lab acceptability gets worse by the day.” He warned that if the problems affiliated for the bendable launch, “both our brands will be at risk.”
The adjudicator alleged the case “Our Holmes Matter” which I’m action to alpha using. Steve Burd, the aloft C.E.O. of Safeway, is aback on the angle for absolute examination.
???? In cloister afresh for U.S. vs. Holmes.
Thus concludes the Theranos balloon action for the week. The balloon is on alcove on Friday, will be aback on Tuesday.
He continues: “I’ve had the advantage of affair four U.S. presidents. Aback the admiral is in the allowance — let me acquaint you, the admiral owns the room. No one talks unless announced to. Her appearance was warm, it was friendly. It wasn’t dictatorial.”
Burd is awful adulatory of Holmes. “Not all C.E.O.s are alike. She would acceleration to the top of the accumulation in acceding of vision, in acceding of command of the information, acutely in acceding of delivery. She was consistently decisive.” “Whenever she was talking she endemic the room.”
Safeway initially adjourned an $85 actor affiliation with Theranos, including beforehand $30 actor to install labs in its stores, which he said angry out to be a low estimate. The accord was adjourned anon with Holmes with no lawyers, which Burd activate was unusual.
Now discussing convertible disinterestedness notes! Isn’t this is so abundant added fun than chemiluminescence and assays. ????
Ooooooooh I anticipate we aloof got our aboriginal acknowledgment of EBITDA in the trial, I can see the adventure of acquirements about accounting on the faces of these jurors.
For some acumen he is talking about a ache of watermelon alleged a Pureheart that has a absolute babyish case that Safeway awash abandoned for a year. ????
Rosendorff’s affidavit is assuredly over. Steve Burd, the C.E.O. of Safeway for 20 years until 2013, is now testifying. Aback he heard about Theranos he was “immediately absorbed in affair Theranos, decidedly the founder.” “It was a alluring concept.”
Defense admonition Wade is about bemused to altercate that case asked Dr. Rosendorff to appraisal issues at Theranos to added labs he formed at. Aegis should be accustomed to accompany up added investigations at labs the Rosendorff afterwards formed at, he says. Adjudicator Davila says no, that would be a abstracted “mini trial.” He adds, “I anticipate it may absolutely enhance the accident you’re gluttonous to abstain but, hey, it’s your case.”
Regarding the allegation that he blanket barter secrets by emailing himself files, case asks, “Based on what you apperceive about Theranos’s methods, would you acquire basic added labs to use those methods?” “No.”
For the aftermost hour we’ve been audition alter on Dr. Rosendorff. For those counting, this is Day 6 of his testimony. The acumen he larboard Theranos: “It was about accommodating affliction and my candor as a physician.”
Now the alternating has agnate concerns, adage English is not her aboriginal accent and is anxious she “could accomplish a aberration in something.” “It’s her future.” The adjudicator does not acquire to be accepting this one.
The juror said she doesn’t acquire in abuse and has been added apparitional by the anticipation of accepting a role in sending addition to jail. Not surprisingly, case was in favor of absolution her.
I’m starting to feel like an Oompa Loompa watching the jurors bead out from the sidelines here, maybe the columnist band will put calm a little song and dance.
???? U.S. v. Holmes, Day 12 of ~2384972: We acquire absolved a juror who says her angle as a Buddhist will accomplish it absurd for her to vote to convict. Three of bristles alternates remain. Afterwards today Steven Burd, the aloft C.E.O. of Safeway, will testify.
QC failure, immulite reagents, clia lab, advia, HCG, PSC, assays, vacutainers, nanotainers, we are advancing the end of Day 5 of Dr. Rosendorff’s affidavit and so absolute abysmal in the claret testing weeds amuse advance help
Judge Davila now says that aegis has had four canicule to claiming Rosendorff’s affidavit and says “You acquire challenged his confidence.” Allows aegis to catechism about Rosendorff’s assignment post-Theranos, says to “probe lightly” to abstain accountability or adverse his approaching career.
Interesting appearance of analytic allurement the attestant “You don’t anamnesis those times aback you aria and afresh and again?” “…No sir?”
Rosendorff beatific himself a agglomeration of centralized Theranos emails afore he left. Wade accuses him of burglary barter secrets and actionable HIPAA with accommodating data.
Wade continues to drive at the point that Dr. Rosendorff larboard Theranos for added money and the acumen he bidding apropos about its lab after-effects and asked to be removed from its Clia lab was to alpha his new job sooner.
Now Wade is aggravating to use Rosendorff’s abandonment email — the fakest email any agent anytime writes — adjoin him. “You wrote that it was a ‘tremendous experience’ and you ‘appreciated the befalling to assignment with so abounding accomplished individuals’” Gotcha!
Wade is aggravating to accomplish a big accord about how Dr. Rosendorff’s abutting job afterwards Theranos paid him more. Dr. Rosendorff is not accepting it. “I basic to accompany a acclaimed aggregation whose mission I believed in.”
Defense shows a résumé Rosendorff was sending about and believability out that he said he did abundant assignment at Theranos. Rosendorff: “I don’t apperceive if you’ve anytime accustomed to administer for a job but it doesn’t serve you” to altercate “fraudulent activity.” Aegis strikes his answer.
Dr. Rosendorff was additionally adorable at added jobs afore Theranos anytime launched. Defense: “You about had a bottom out the aperture the accomplished time?” “On breach I would attending at what added jobs were available.”
Back from a break. Aegis allurement Dr. Rosendorff about his abandonment from Theranos. Aegis believability out that Rosendorff was because filing a qui tam accusation adjoin Theranos, to active the government of atrocity (and get a percent of the money recovered).
Defense admonition Wade reads from a degradation in which Rosendorff appears to belie his affidavit about the abundance of problems at Theranos labs. “Problems appear up in labs — every lab in America, allegedly every lab in the apple — is not action to perfect, correct?” “Yes”
Binder hijinks. While flipping through all the assorted emails Rosendorff asks addition to advice him with the adhesive because “it’s aloof opened up and it’s aloof [hand beachcomber motion] pages everywhere.”
In the concurrently Roger Parloff has filed a acknowledgment opposing defense’s beforehand to bulldoze him to about-face over his addendum in advertisement the 2014 Fortune awning adventure about Holmes and Theranos. He already provided both abandon recordings of his on-record interviews with Holmes and Balwani.
Rosendorff takes off his glasses and rubs his eyes as Wade cycles through assorted forms assuming his signoff on appraisal validation from 2013.
The advised takeaway from the band of questioning, as far as I can tell, is that some tests at Theranos at some point did assignment and that aback there were problems, abounding bodies at Theranos accustomed to fix them.
Lance Wade, aegis counsel, has resumed his advancing analytic of Dr. Rosendorff, accepting acutely into the weeds on his role in ambience Theranos’s lab behavior and QC testing with assorted emails.
Judge Davila responds with a ablaze dig adjoin defense: “A brace of dejected apparel sitting abutting to them in a judge’s chambers, what could be alarming about that?” ????
A media affiliation (including NYT) has argued to bare the juror questionnaires aback we had little afterimage into the final addition process. The adjudicator affairs to abreast catechism anniversary juror about what they ability appetite to adapt and aegis says they appetite to be there, to which the adjudicator responds that that would be unnecessarily intimidating. Aegis disagrees.
Judge Davila said a announcer contacted a doctor who contacted the cloister agent to point out that one of the defense’s exhibits included a patient’s absolute name, which is a HIPAA violation.
Holmes is actuality of beforehand with Billy Evans, her mom and an beforehand man I can’t ID. Afore the lath arrives, the attorneys are arguing about whether they can altercate problems at companies that Dr. Rosendorff formed for afterwards Theranos.
???? Aback in the attorneys for U.S. v. Holmes. ???? The agent is blockage attorneys tickets afterwards a few book clubs showed up aftermost week. Appraisal of ex-lab administrator Adam Rosendorff continues.
With that, we’re breaking for the weekend. Cloister will resume on Tuesday.
The government asks how affiliated Wade is action to booty with cross-examination, accustomed that they acquire out-of-state assemblage they appetite to alarm next. Wade says he expects it’ll booty all day Tuesday. (As a reminder, the accessible does not about get advice on what assemblage are advancing next.)
7/19/14 email from Rosendorff to Balwani arresting Theranos’s tests in acknowledgment to physician complaints. “I was absolute with Dr. Chen about our accurate validation and affection process,” Rosendorff wrote. He testifies that he believed this at the time.
With bristles annual larboard afore we’re appointed to breach for the weekend, we are now discussing chump service. Rosendorff addendum that by the time complaints were escalated to him, they were usually austere issues.
Wade absolutely beating home this point on outlier abatement (which makes faculty — this is commodity that came up a lot in antecedent affidavit as an archetype of Theranos manipulating results).
Wade is acute Rosendorff to say he accustomed of this. “I anticipation it was unusual,” Rosendorff said. Afterwards reminding Rosendorff of what he said in his deposition, Rosendorff concedes that he accustomed it.
Now assimilate commodity alleged the “six tip policy,” area there are six after-effects from one sample. Two after-effects can be discarded, and you boilerplate the added four. Adolescent developed this process. Rosendorff says there was no academic SOP about outlier detection.
6/4/14 email from Young, adage that they’re captivation the after-effects of a abstraction afterwards speaking with Rosendorff — allegedly acknowledging Wade’s band that Rosendorff is now in the loop.
In a 6/4/14 email from Rosendorff, he wrote a HCG plan for Balwani and Adolescent which said HCG should about-face to vacutainer draws and run on immulite. Wade addendum that Rosendorff is “in the bend now.”
Young replies that he adapted Adam over the weekend and agrees that “they should be active all decisions by Adam.”
Looking at 6/3/14 email from Balwani to Young: “Adam came by my appointment EXTREMELY balked that as a lab administrator he is not actuality kept in the loop.” “This advice has to go through him. … Can you guys amuse blow abject with Adam so he is in the loop,” Balwani adds.
Wade asks if Rosendorff stands by his affidavit that he didn’t accommodated with Holmes about HCG in this time period. Rosendorff says yes.
5/30/14: email from Holmes’s abettor area she writes that “Elizabeth has asked me to alike a CLIA affair for this afternoon at 4 p.m.”
Now seeing Holmes’ agenda for 5/29/14, area she has “meeting with Adam Rosendorff” listed. Rosendorff had testified that he had not met with Holmes.
We’re now architecture a timeline actuality apparent to the lath about HCG issues, including assorted emails and exhibits.
Wade had Rosendorff affirm that he testified Holmes was beneath anxious than he was about the HCG issues. Then, he showed a 4:45 p.m. email forwarded from Balwani to Holmes about HCG issues. Holmes responded six annual later, asking, “How did that happen?” Wade afresh moves on.
We’re aback from breach and switching apparatus to allocution about HCG, the abundance test.
On 10/15/14, Balwani offers addition meeting, but Rosendorff’s acknowledgment indicates that he doesn’t charge the added meeting.
Wade now discussing how Daniel Adolescent beatific a abstract Q.C. action advanced of the meeting, akin acceptance that was Rosendorff’s responsibility. Wade additionally addendum that there were no restrictions on what Rosendorff could altercate during the meeting.
Wade is additionally aggravating to appearance that Theranos DID booty Rosendorff’s apropos seriously. On 10/9/14, Balwani emailed Rosendorff, ambience up a affair to altercate his concerns. Balwani accustomed to set it up for the abutting day, but Rosendorff asked for it to be delayed.
In today’s cross-examination, Wade seems to be aggravating to blow holes in Rosendorff’s believability — pointing out times aback he was apathetic to accede to doctors, and acquainted that there was an AAP in abode for accomplishment testing, adverse to the consequence accustomed in antecedent testimony.
Wade asks if annihilation was action on to accomplish Rosendorff apathetic to respond. Rosendorff: “I was acceptable balked at my disability to explain discrepant results.” Wade presses him that he aloof bare to alarm the doctor back.
We’re now seeing addition email from a doctor adage he’s cat-and-mouse for a callback from Rosendorff. Wade makes the point that this is the additional time a anniversary had anesthetized afore abiding a doctor’s call. Rosendorff says he had already announced with him and didn’t apprehend addition alarm was needed.
Email from Rosendorff afterwards talking to the doctor: The doctor is “puzzled” about the results, but “the MD is acutely absolute and aflame about Theranos and wants us to ‘crush Quest Diagnostics.’”
There’s a 10/10/14 email from a chump annual rep to Christian Holmes about a accommodating who redid her labs at Stanford and got absolute altered results. Christian responds to say they’ll echo the tests and bend Rosendorff in. Rosendorff was angled in as instructed, but now there’s a followup email to Rosendorff! A anniversary had gone by, and he hadn’t alternate the buzz alarm about the patient.
So far this morning, Wade’s cantankerous has consisted of action through email chains discussing accomplishment testing, acutely to authorize that Theranos did acquire a accurate accomplishment testing acceding in place.
We’re starting off with accomplishment testing. Wade gets Rosendorff to accede that he did address a accustomed operating action for an addition appraisal acceding for accomplishment testing.
Court is in affair for the fourth (!!) day of affidavit by the aloft Theranos lab administrator Adam Rosendorff. (This is the longest any attestant has been on the angle appropriately far.)
There is no redirect, and Sung has been dismissed. Cloister is on alcove until Friday.
The aegis concluded on the adjustment amid Celgene and Theranos. Cline said that all of the “success milestones” were achieved, and payments were made, although Sung said she didn’t acquire absolute ability of the payment.
John Cline is accomplishing the appraisal for the defense. He’s starting by action aback through the agenda we covered in direct.
And now we’re assimilate cross! This was a absolute fast absolute examination.
Sung did not acquaint anyone that Celgene had assiduously authentic Theranos’s technology.
4/2/12 email from Sung to Daniel Edlin, with Holmes and Adolescent copied. “We anticipation it would be abundant to accumulate her in the bend and acquainted of advancing activities,” Sung said. The email says Celgene “had absitively to artlessly adjournment until your next-gen machines are accessible and afresh arrange them”
In added bad annual for Theranos, beggarly absorption profiles were not constant amid Theranos and QPS, and absorption airheadedness was academy with Theranos than with QPS method. Already again, Sung confirms that absorption airheadedness is undesirable.
We’re adorable at a besprinkle artifice assuming the ambit area Theranos tests should fall. Best of them … do not abatement aural this range. 67% of samples had >25% aberration in serum absorption amid Theranos and QPS method. “It’s not acceptable news” for Theranos, Sung said.
Theranos accomplished claret abstracts showed added fluctuations, which Sung said was undesirable.
Theranos additionally had academy variability. Government asked if that was acceptable or bad. Sung chuckled and replied: “Bad.”
14.1% of Theranos samples didn’t acquire accessible results, compared to beneath than 2% for QPS.
We can see a allegory amid Theranos and QPS assays. Theranos abandoned acclimated .25mL of claret compared to 2mL for QPS. Theranos additionally acclimated accomplished claret rather than serum, which Sung said was “very nice.”
7/20/10 email from Sung to Holmes adage they weren’t able to validate Theranos’s tests. The after-effects were “close” in some cases but not acceptable enough.
She had visited Theranos and thinks she met Holmes while she was there. She saw a Theranos accessory while she was there and said it looked like an oven. The abstraction you could do commodity so babyish and able on armpit was a “great idea,” she anticipation at the time.
Celgene entered into an adjustment with Theranos. Her compassionate was that Theranos was developing a belvedere to appraisal the endpoints. She anticipation they could do it calmly with a absolute babyish bulk of blood, which would be a “huge advantage.”
We’re starting her affidavit in 2009, aback she formed on a biologic alleged ACE-011 actuality developed for appraisal of anemia and cartilage loss. Her role was to advance proteins in the claret to admeasurement that would advance whether the biologic was alive (e.g., hormones).
Dr. Sung got a Ph.D at Georgetown and afresh did a postdoc at Stanford afore action into industry. She formed in assorted biotech firms, including Celgene, which was afterwards bought by Bristol Myers Squibb. She’ll be testifying about her assignment at Celgene.
We’re aback in session. The government is calling Dr. Victoria Sung. (Rosendorff will aces up on Friday.)
After a affiliated altercation of an email alternation about accomplishment testing, Rosendorff is done with affidavit for today. (He has a battle this afternoon.) We are action to booty a 20 minute breach and afresh aces up with a altered attestant for the blow of the afternoon.
Now adorable at a certificate from the American Accomplishment Institute that gives “Acceptable” array to all of the accomplishment tests.
Looking now at an email from Rosendorff: “We are consistently accomplishing accomplishment testing.” Rosendorff testifies to analyze that this was assert testing.
After adorable at his 2016 affidavit (in the binders!), Rosendorff says he still doesn’t bethink cogent the government that. “I acquire the almanac is correct,” he says.
We’re now aback to area we started yesterday, discussing Rosendorff’s acquaintance with the government. Wade asks Rosendorff if he remembers cogent the government that Theranos machines acclimated addition appraisal accomplishment to admeasurement accuracy. Rosendorff says no.
Rosendorff advanced testified there was no academic accomplishment testing processes in place. Afterwards Wade challenges him, Rosendorff clarifies: There was accomplishment testing for assert testing (commercial tests), but not for Theranos tests
Looking at a affection systems presentation for 2014 from Langly Gee, Theranos’s affection ascendancy manager. Wade is assuming abortion ante for Edison affection ascendancy tests. “Something’s not squaring up,” Rosendorff says — these abortion ante are lower than he anticipation they were.
Wade is continuing on this band of questioning, acquainted that Rosendorff testified about apropos in June 2014 but active validation letters in Aug. and Sept. 2014.
Rosendorff testifies that he would not acquire affiliated signing validation letters for Theranos’s claret testing device, the Edison, if he anticipation it was unreliable.
We’re aback from break! And on to addition Edison validation report.
We’re action through a Sept. 2013 validation abode on the Edison for TSH, a thyroid test. This document, with Rosendorff’s signature, validates the appraisal for accommodating use. Wade is walking Rosendorff folio by folio through the report.
Rosendorff testifies that he never told the CLIA aggregation to stop appliance the Edison appraisal altogether, but did on some specific tests.
Wade is now acquainted that Rosendorff was amid the highest-paid advisers at Theranos. Rosendorff says that he anticipation he should acquire been paid more, accustomed Theranos’s problems, but this is stricken from the record.
Rosendorff says he had apropos about QC. Wade says he was paid to acquire concerns. “That’s why you get paid the big bucks.” Rosendorff replies: “Not as big bucks as you get paid.” Cue the better beam of the balloon so far.
Wade is authoritative a point he’s fabricated before, that affection ascendancy samples aren’t accommodating samples — acquainted that “nothing bad happens” to patients if a QC appraisal fails.
We are now on to a mid-Jan 2014 email from Rosendorff to the CLIA lab aggregation allurement them to accredit to absolute abundant quality-control policies.
Balwani’s response: “I batten with the teams today and they are all action to put in affiliated hours and do whatever it takes to get this done tomorrow.” Rosendorff testifies: “I had abounding abounding battles with Sunny about what was bare against what he was able to allow.”
Rosendorff added: “I do feel that it was absolute difficult to get answers from Daniel’s team.” In a afterwards email, Rosendorff doubles bottomward on defective the specificity studies: “No they are required. Absolute important in fact.”
From the email chain. Balwani: “As we know, we booty these issues with seriousness. Why didn’t you accession these afore to me aback I was allurement for any issues for months?” Rosendorff: “My affliction for the backward acknowledgment apropos our address …”
Notable annoyance from Rosendorff afterwards he tries to accomplish a point and Wade cuts him off: “I’m aloof annual emails and saying, yes, that’s what’s accident here.”
We’re now assimilate altercation of the Walgreens launch. In a 11/10/13 email to Balwani, Rosendorff flagged issues that bare to be addressed afore the Walgreens launch. Wade is walking him through the email alternation with Balwani, point by point.
After abounding questions establishing that Rosendorff did not adumbrate Normandy lab from the inspectors, Wade addendum that the analysis activate “minor deficiencies.” Rosendorff says that Holmes and Balwani were agitated that there were deficiencies and that a apple-pie abode would acquire been “ideal.”
Wade is aggravating to accomplish the point that this was to bottle barter secrets. Rosendorff says this doesn’t accomplish sense, allurement who would pin barter secrets to a annual board.
We’re adorable afresh at the email from Elizabeth Holmes about walking the auditors through the lab. We’re now seeing the response: “All of the annual boards from the antechamber to HR were covered with cardboard so the ambassador could not appearance any of the assets or items on the boards.”
Wade is starting by allurement questions about the Dec. 2013 CA Dept. of Accessible Bloom appraisal that we discussed yesterday. Wade’s action through a certificate advertisement affairs for the appraisal as he tries to authorize that Rosendorff had albatross here.
Court is in affair for addition day of the Elizabeth Holmes trial! We’re continuing with the appraisal of aloft Theranos lab administrator Adam Rosendorff, which aegis advocate Lance Wade expects to booty all day.
Rosendorff asked for a bath break, and we are instead catastrophe for the day! Will aces aback up at 9 a.m. Pacific Time tomorrow.
Important content: The custom-built chic advice arrangement was alleged Super Mario. (Other fun names: Jurassic Park = the lab with all of the accustomed machines, Normandy = the lab with Theranos machines.)
Cross appraisal has been abundant slower and calmer now that we’re aback from break. Beneath acute Rosendorff to acknowledgment specific questions and added jokes.
Wade is captivation up a archetype of the book and talking about the accent of its PR and business efforts, as able-bodied as its secrecy.
Rosendorff apprehend Walter Isaacson’s Steve Jobs adventures and admired the action of Silicon Valley, which helped advance him to Theranos. (That Steve Jobs adventures was a admired of Holmes’s, too.)
We’re aback from break! And we’ve taken a big footfall aback in time — now adorable at the resume Rosendorff beatific Theranos aback he activated in 2013.
We’re now action aback and alternating on who was circuitous in the R&D process. Rosendorff says he was not acquainted at the time if Holmes was circuitous with R&D. Per the adept validation plan, Rosendorff had to affirmation off on anniversary appraisal afore it can go into validation.
We’re action through what tests were offered during the accompany and ancestors launch. The abandoned tests run through 9/28/13 were two that did not run on the Edison, Rosendorff confirms. The aboriginal Edison-based test, TSH, a admeasurement of thyroid function, was run 10/17/2013.
Wade additionally keeps accepting Rosendorff apprehend his own testimony, silently, to himself. That’s accident afresh now.
In the email, Balwani writes, “We feel assured we can handle ~30 samples/day from this area at this point. And it has been 2 months aback we acquire been out in WAG [Walgreens]. It’s time to go live.” Wade now aggravating to accomplish the point that they had not advanced been live.
Found it! We are now adorable at an 11/7/13 email from Balwani to Rosendorff about aperture their Palo Alto/Uni Ave area to the accessible on the advancing Monday. It had advanced abandoned been accessible to friends/family.
We are now, already again, aggravating to acquisition the absolute pages in the MANY anchor the aegis gave Rosendorff.
Wade is now adage that Rosendorff testified beforehand to a admirable affidavit that it was a “limited accompany and family” but didn’t do so on Friday.
We are now on to the bartering launch. In an email that we saw in direct, Rose Edmonds (a development scientist) says that none of the assays are absolutely thru validation testing. Rosendorff had testified this is cogent because they were aloof a anniversary from launch.
Wade gave a academic area Rosendorff had rotten aliment in his office, and subordinates accuse to Balwani. Rosendorff affiliated to acquire confused, and Wade is now affective on.
We are now … allurement about aggregation hierarchy? (Rosendorff appear anon to Balwani, and Adolescent was additionally aloft him.) “Are there anytime affairs area it’s adapted for arch administration to acquire discussions about a subordinate?” Wade asks. Rosendorff seems confused.
Rosendorff additionally served as Theranos’s analytic consultant. Holmes wouldn’t authorize for this either.
Wade is allurement about Holmes’s education. Famously, she alone out of Stanford. “Based on your compassionate of her background, would she be able to be a CLIA administrator or lab director? Rosendorff: “No, absolutely not.”
Wade says, and Rosendorff concedes, that ultimately it was Rosendorff’s albatross if the tests bootless and his albatross to accomplish affection ascendancy behavior and accomplishment tests.
Rosendorff is accordant with Wade’s analytic that Holmes never told him to abode an inaccurate result, and that Holmes never directed him not to abeyance or abandon tests he anticipation were inaccurate.
Wade: “Did you anytime use a appraisal on patients that you believed was inaccurate or unreliable?” Rosendorff: “No.” Did he anytime accommodate after-effects that he believed to be unreliable? “No.”
Wade: “Did you anxiously celerity your acknowledged obligations as lab administrator at Theranos?” Rosendorff: “Yes, I did.” Wade: “Did you action lab tests that you knew at the time were inaccurate or unreliable?” Rosendorff: “No … I ordered the chic to cease testing.”
Two capacity of cantankerous appropriately far: Wade seems to be aggravating to prove that Rosendorff formed with the government in abstraction his testimony, and is beating home that Rosendorff was accurately and ethically amenable for the lab.
Rosendorff confirms that he was accustomed with the regulations. Wade is now allurement a alternation of questions about Rosendorff’s obligations: “You are adapted to…?” Rosendorff says these are his obligations, but “I accustomed pushback from management.”
Wade is now captivation up a assemblage of affidavit (maybe an inch thick?) and allurement if Rosendorff knew all of those regulations, allegedly the assemblage of affidavit he’s holding. Davila, the judge: “You’re allurement to acquire the absoluteness of this document? It’s how abounding pages? 122?” It’s admitted.
We’re into Rosendorff’s time at Theranos! Wade asked him if actuality the CLIA lab administrator meant he was accurately amenable for what happened in the lab, and Rosendorff said yes.
Wade is continuing to try to aces afar the prosecution’s case, acquainted that they didn’t go in archival adjustment through the documents. He still hasn’t absolutely asked about Rosendorff’s absolute adventures at Theranos.
Wade is arguing that Rosendorff’s affidavit in absolute doesn’t bout what he testified in 2019. Earlier, he aloof said he wasn’t annoyed with management’s acknowledgment to accomplishment testing. His affidavit on Friday was added detailed.
We’re now into analytic about the affidavit itself. Wade is allurement Rosendorff about his affidavit for abrogation Theranos. Wade asks if Rosendorff discussed that question/answer with the government. Rosendorff says yes.
Wade presses him on whether he told the government what he was action to testify. Rosendorff says no.
Wade is now allurement about how Rosendorff was able to affirm by the government. Rosendorff: “I was consistently instructed by the government to be truthful.” Wade asked: “Did they acquaint you to accord that answer?” Rosendorff: “No.”
Wade is action through a annual of bodies and allurement Rosendorff if he’s met anniversary of them. His accent is far added advancing than with antecedent witnesses.
We’re starting with cross-examination. Lance Wade, Holmes’s lawyer, is starting by appraisal Rosendorff on how abounding times he’s met with the government.
And, with that, his absolute affidavit has wrapped. We’ll aces up with appraisal afterwards a 30-min. break.
Ultimately, Rosendorff said, he larboard afterwards “endless affairs and conversations, absolute accurate abstraction of medical literature, backward nights … abundant efforts on my allotment to beforehand the affection of testing at Theranos.”
Rosendorff testified about why he batten with then-WSJ anchorman John Carreyrou: said he acquainted a “moral and ethical” obligation to active the public.
Bostic acicular out the band “We will assassinate this year.” Aback did Theranos alpha testing? he asked. Rosendorff responds: 2013.
More texts from Holmes/Balwani! Holmes: “This year is our year. We can never balloon this tiger.” Balwani: “I know, I am focused on it. We will assassinate this year.” Holmes: “I know. I’m focused on it too. And for our kids never balloon who we are.”
On Rosendorff’s aftermost day, he says Balwani offered a handshake, and he declined. Balwani gave him avenue paperwork to sign. Balwani said he would be able to accumulate him on, but Rosendorff said it wasn’t annual the accident to his reputation.
Holmes forwarded it to Balwani: “We charge to accede to him now and cut him Monday.” Rosendorff had already accustomed a job action at addition lab and was planning on abrogation — interpreted this as them aggravating to blaze him adapted afore he left.
Nov. 2014 email to Rosendorff allurement for a redraw. Rosendorff forwarded this to Holmes/Balwani, and Balwani said the rep “jumped the gun” allurement for a redraw. Adam forwarded this to Elizabeth: “I acquisition Sunny’s acknowledgment abhorrent and disingenuous. He should apologize.”
Gov’t aggravating to accomplish the point that Holmes/Balwani are actively allure investments akin as Rosendorff raises apropos about acute problems in the lab.
We’re now adorable at Nov. 2014 texts amid Balwani and Holmes, talking about investments from Alice Walton and Rupert Murdoch. Balwani: “They are not beforehand in our company, they are beforehand in our destiny.”
“…how axiological it is to all of us for you or any added agent never to do annihilation you’re not absolutely assured in.” Rosendorff says he disagrees with this, and we’ve apparent emails assuming that he aloft concerns.
Holmes’s acknowledgment (pt. 1): “How sad and black to see this from you. Alfresco of the actuality you’ve never emailed me on any apropos you allude to there afore but now email this, you apperceive from every chat we’ve anytime had calm …”
Now adorable at Nov. 14 emails from Rosendorff. “I feel absolutely afflictive with what is accident adapted now in this company. Is there any way you can get Spencer aback on the CLIA [Clinical Chic Improvement Amendments] authorization and booty me off? I am action pressured to vouch for after-effects that I cannot be assured in.”
Christian forwarded the email to Elizabeth, writing: “His acknowledgment to this was to do a vacutainer alter & I concluded the chat at that point.” A vacutainer draw is a non-Theranos retest.
He continued: “Further 100% bluntness and accurateness to the accommodating is essential. “My aboriginal assignment is not to Theranos, but to the accommodating as per my Hippocratic adjuration “primum non nocere.” “I never said I wouldn’t allocution to the MD.”
In an email to Christian, Rosendorff angled down. “This is not a catechism of interpreting after-effects — this is a catechism of the believability and accurateness of the result.” “The best effective affair at this point is to action reliable and able-bodied assays, not to spin.”
Nov. email from Rosendorff about the accommodating alarm to Christian: “If you’re allurement me to avert these ethics afresh the acknowledgment is no.” He was abnegation to avert the accurateness of the result, Rosendorff testifies.
Emails like this contributed to a “crescendo” of issues, Rosendorff testifies, arch to his abandonment in Nov. 2014.
Looking at an email from a medical abettor anxious that HDL and LDL (cholesterol) readings are not abacus up. That raises apropos about the accurateness of the test, Rosendorff testifies.
In a aftereffect email from Holmes: “Kerry amuse abut this based on what we did with the NY ambassador afresh and advance that out.” No one was accustomed to access or avenue the Normandy lab during the visit, Rosendorff said. Those admonition came from Balwani.
1/26/13 email from Holmes about the accessible appraisal from the California Dept. of Accessible Health: “Let me apperceive if the aisle for walking the auditors in and bench has been anchored so we abstain areas that cannot be accessed, and what that aisle is.”
Christian forwarded the bulletin to Daniel Adolescent and cc’d Elizabeth. In a afterwards email to Elizabeth and Daniel, Christian wrote that Rosendorff already accustomed the redraw. “Need to altercate messaging for my alarm with this doc, with attention to acumen for the redraw,” Christian wrote.
Now adorable at an email to Christian Holmes to acquire a redraw, acceptance his not accepting a position in the analytic lab or a medical/science background. Rosendorff says he wasn’t acquainted Christian was circuitous in acknowledging redraws.
Now assimilate discussing transparency. “I acquainted a battle amid the messaging that the aggregation basic me to accommodate … and my assignment as a physician” to accurately abode after-effects aback talking with doctors, Rosendorff says.
In an email alternation about the accomplishment testing samples, Balwani wrote that Theranos’s validation has been “excellent in the past” and that “it is these PT samples that are off.” Rosendorff testifies that he disagrees.
There was no academic accomplishment testing action at Theranos, Rosendorff says. He says he aloft these apropos at a mid-2014 affair to bodies including Holmes, Theranos’s president, Ramesh Balwani, and the VP Daniel Young. He acquainted like they gave “lip service” to this issue, and there was no advance fabricated afore he larboard in November.
Rosendorff’s acknowledgment to situations like this: “Every time we got a physician complaint, every time our QC would fail, every time we had a access of aberrant results, it aloft abundant apropos to me about the accurateness of the testing process.”
We’re adorable at an email from addition who has been on coumadin, a claret thinner medication, for 13 years. Afterwards switching to Theranos testing, her after-effects came aback low, and she added her dosage as a result. “I acquire not acquainted ‘right’ aback the one added dose,” she wrote.
I’m aback in the attorneys for addition day of the Elizabeth Holmes trial! We’re starting with the end of aloft lab administrator Adam Rosendorff’s absolute testimony.
With that, we’re action to breach for the weekend. I’ll be in the courthouse Tuesday, Wednesday and Friday abutting anniversary — see you on Tuesday!
For the accomplished hour, Rosendorff has testified about problems w assorted tests, incl. the potassium, chloride and sodium tests. In a 10/27/14 email, he wrote: “I am not abiding of the analytic bulk of a sodium assay, in which the abandoned time we can abode it is aback it is not critical”
We’re now accepting into Rosendorff’s accommodation to leave. He forwarded assignment emails with issues of affair to his Gmail annual in 2014, testifying that “I basic to assure myself.” He additionally says he started adorable for addition job in mid-2013, anon afterwards abutting Theranos.
Today’s affair seems to be a) Rosendorff was anxious about adulterated tests, b) Rosendorff recommended the aggregation stop appliance those tests and c) Holmes/Balwani were acquainted but beneath to change course.
We’re now on issues with Theranos’s HDL (cholesterol) tests. Rosendorff says he “suspected” Theranos’ HDL was no best alive as of Feb. 2014 and adapted reverting to FDA-approved devices, but accustomed pushback from Balwani, Holmes and Theranos VP Daniel Young.
We’ve now apparent two email chains including Holmes/Balwani about complaints/issues that Rosendorff wasn’t included on. Rosendorff says he “absolutely” should acquire been included on the emails.
Rosendorff is testifying about issues with the hCG tests, which ascertain pregnancy. In June 2014, Christian Holmes wrote to Elizabeth: “Just fyi-hCG adapted now causing some austere issues and accommodating complaints.”
We’re comparing Rosendorff’s time at the University of Pittsburgh to his time at Theranos. At Theranos, complaints about appraisal after-effects were “much added frequent,” and he “felt pressured to avert the company’s after-effects to physicians,” he said.
Theranos accessories bootless so frequently that it aloft questions about the accurateness of the results, Rosendorff testifies. Achievement of Theranos assays was worse than non-Theranos analyzers.
Rosendorff is now discussing affection control. As we abstruse in Cheung’s testimony, affection ascendancy happened already a day, and machines would be recalibrated if they failed. This was a common altercation affair at Theranos, he testifies.
Rosendorff had a affair w Holmes area he bidding his concerns. She was absolute afraid and was not her accustomed composed self, he said: She was trembling, knee was shaking, she was absolute upset.
In an email to Holmes, Rosendorff wrote that “A few added weeks to array through these medical and logistical issues, and accepting the able affiliated of training and staffing would advice us tremendously.”nd staffing would advice us tremendously.”
An email from Rose Edmonds from 9 canicule afore the barrage says “none of our assays are absolutely through validation including analytic sample testing with fingerstick.” Beneath CLIA law, the tests charge to be authentic appropriately afore they can be acclimated for accommodating care.
Leading up to Sept 2013 bartering launch, there was “a lot of anxiety” about the account of appliance adapted tests for accommodating care. The accustomed affection of the aggregation was “very optimistic,” but some were analytic why Theranos wasn’t appliance its own devices.
The bench Theranos lab, which independent the Theranos Edison devices, was alleged Normandy, Rosendorff said. According to Rosendorff, Balwani alleged the admiral lab with accepted accessories Jurassic Park: Balwani “believed the accepted accessories were dinosaurs.”
Rosendorff starting able with why he abdicate Theranos, incl. abhorrence of administration to accomplish accomplishment testing and action pressured to vouch for tests he wasn’t assured in. Also: “The aggregation was added about PR and fundraising than accommodating care.”
The government is calling aloft Theranos lab administrator Adam Rosendorff today in the balloon of Elizabeth Holmes. Per prosecutor John Bostic, this affidavit is acceptable to booty all day.
Mattis is done and now a prosecutor is annual altercation letters amid Holmes and Balwani while a forensics guy from PWC says “yes” and “correct.” I acceptance this is how they acquire to present this affirmation but it is absolutely absolutely bizarre.
On redirect: Why did Mattis initially abutment Holmes afterwards the WSJ betrayal and afresh change his mind? There were too abounding surprises, he said. “We were clumsy to advice her on the axiological issues that she was grappling with if we abandoned saw them in the rearview mirror.”
We attending at Mattis’ emailed acknowledgment to Holmes afterwards the WSJ article. “Be abrupt in acknowledgment with incontestable truth,” he wrote. “I acquire abounding acceptance in our plan.”
He additionally asks if Mattis knew Theranos was accomplishing claret tests in a axial lab. Mattis: “I affected the axial Theranos lab was the Theranos machine.”
In cross-exam, Holmes advocate Kevin Downey asked Gen. Mattis about his abilities to appraise Theranos’s technology and be a lath director.
Initially Mattis anticipation the botheration was fixable — the aggregation artlessly messed up its messaging and could appear clean. Anon after, he began to catechism whether or not the Edison apparatus worked. “There aloof came a point aback I didn’t apperceive what to acquire about Theranos anymore.”
After WSJ article, lath associates emailed Holmes about the allegations. Her response: Theranos was transitioning from operating beneath one chic framework to another. Mattis: “I was still confused.” At a minimum, “we had a acceptability botheration actuality and an candor problem.”
Ominous. Afterwards Theranos abstruse about a 2015 WSJ commodity by John Carreyrou that apparent problems with Theranos’s technology, there was a lath affair with a advance blue-blooded “Duty of Loyalty.” We are apparent that slide, except it is comically redacted — all agreeable blacked out — and Mattis doesn’t bethink it.
We see an email from Holmes instructing Mattis that, in an account with Ken Auletta of The New Yorker, he can’t altercate “how our technology works (i.e. that there is a distinct accessory that does all tests)”
Fortune appear a affiliated alteration to that article, which I don’t bethink seeing from a lot of added outlets that wrote absolute stories. Parloff is listed as a attestant and aegis is attempting to bulldoze him to about-face over his notes.
Assistant U.S. advocate John Bostic pulls up Fortune’s 2014 awning adventure about Theranos. Mattis batten to the reporter, Roger Parloff, and said Holmes gave him advice on what he could and couldn’t say.
Still aggravating to alternation my academician to not apprehend “amino acid” every time they say “immunoassay”
Theranos got a lot of breadth out of a 2013 WSJ article! We see an email area Holmes sends Mattis the link, as able-bodied as a advance of it in a Theranos lath presentation
We’re action through this lath presentation, which has a advance claiming Theranos’s tech had been authentic by 10 of the 15 bigger biologic companies, alongside logos of FDA & WHO and a adduce from Johns Hopkins.
What were your sources for advice about the company? Mattis: “Ms. Holmes.” “Was she the primary source?” “The sole source.”
Mattis additionally invested $85k into Theranos, which he said was a cogent sum “for addition who had been in govt. annual for 40 years.”
Did you acquire Ms. Holmes’s allurement to accompany Theranos’s board? “Yes I did, afterwards allurement why. I was not a medical person.” She said she basic his mgmt. and authoritative experience.
Mattis testified that he was not acquainted of Theranos accessories anytime actuality acclimated on battlefields, advancing helicopters, artful operations…
Mattis testified that Holmes was “very aggressive” at absent the advancing pilot affairs to get going. “She was absolute assured that if we got it in there, it would prove itself.” He knew it was a start-up, but acclaimed that Holmes had been alive on it for a decade by 2013.
oy, addition email area Mattis calls Holmes “young Elizabeth.”
Holmes was the one cogent him about the Theranos device’s capabilities, he said. “I was bluntly afraid at what was possible.” But he added: “That didn’t booty the abode of accepting the accessory prove itself.”
Mattis testified the admeasurement of the Theranos accessory and its promised capabilities fabricated it so adorable to abeyant advancing use. Accurateness and believability were analytical accustomed the casualties, he said. “The stakes are absolute high.”
In one email, Mattis told Holmes he wants to analyze a pilot action to appraisal Theranos machines alongside the army’s absolute systems to compare. Mattis testified that he was absolute “taken” by the possibilities of appliance a bead of claret for diagnostics.
Mattis, a U.S. accustomed and aloft secretary of defense, was on Theranos’s lath amid 2013 and 2016. We alpha by adorable at 2011 emails amid them afterwards meeting. In one, Mattis writes, “thank you for your note, adolescent Elizabeth, and I ambition you every success.”
At the courthouse for US v. Holmes. James Mattis has taken the stand.
Gould’s affidavit lasted about 15 annual – From abaft a bright mask, she got affecting discussing her acquaintance award out via Theranos tests that, afterwards three miscarriages, her fourth abundance was not viable. The blessed catastrophe is that it was. She had a baby. Adjourned!
Defense wraps up by pointing out that Zachman’s convenance had abounding abounding appraisal after-effects from Theranos aloft Ms. Gould that seemed to be fine. Adjudicator Davila is acquisitive to accumulate going, akin acceptance we are over on time today. Brittany Gould takes the stand.
Defense works to dent abroad at the affidavit by implying that the Theranos appraisal after-effects artlessly existed on a altered calibration and should acquire been “rebaselined.” Additionally acclaimed that Holmes’s brother Christian, who responded to Zachman’s complaint about the results, apologized.
Oh my, Theranos offered Zachman a “corrected” adaptation of the after-effects which artlessly removed a decimal point but the she says numbers still wouldn’t acquire fabricated faculty aural the ambience of a applicable abundance or a accident of one.
“This accident was absolute impactful to me as it stood out as such a red banderole for the pregnancy.”
Gould took 5 claret tests, 3 from a accessory of Quest Affection and 2 from Theranos. She went on a rollercoaster, with the Quest appraisal assuming she was pregnant, the two Theranos tests assuming a miscarriage, and 2 added Quest tests assuming she was absolutely still pregnant.
Zachman describes the case of a accommodating alleged Brittany Gould (sp?) who had had 3 miscarriages. She came to see Gould afterwards a absolute calm abundance appraisal “to authorize that yes, she is abundant and attending at the bloom of the pregnancy.”
Zachman was on a board that evaluated annual providers and her convenance adopted Theranos claret tests about 2014. Theranos akin set up a lab bench from one of her practice’s offices, which Zachman said was “very exciting.”
New witness: Audra Zachman, a assistant practitioner at an OB-GYN practice.
I acquire enjoyed chatting with some of the trial-heads and and admirers of amends who acquire apparent up to watch (provided they’re not moles :). Today I met a retired paralegal who says he was at the Patty Hearst trial!!
Redirect up. US Advocate Robert Leach reminds jurors that aback Gangakhedkar accommodated from Theranos, she had apropos about the believability of Theranos’s tests and discussed them with Holmes.
More bad boss/good bang-up content: We see an email Gangakhedkar beatific to Balwani arresting how adamantine her aggregation was alive an email she beatific to her aggregation praising their affiliated hours. She afresh accommodated from Theranos and Holmes attempted to get her to stay, alms time off.
Defense advanced showed that Holmes let Gangakhedkar go to India to see family, painting her as a affectionate bang-up and Balwani as the advancing one. “[Balwani’s] aggravating to accomplish you feel accusable that you weren’t working?” “Yes” “You were balked by that?” “Yes.”
We are still accomplishing appraisal of Gangakhedkar. Wade shows an email from the aloft Theranos president, Ramesh Balwani (who goes by Sunny), chastising the lab workers for not alive as adamantine as his software team, painting him as the one allegation unrealistically for overwork.
Zachman will now action able affidavit on interpreting HCG tests (a hormone acclimated to analyze abundance status) You apprehend HCG levels to bifold every 48 hours or so in aboriginal pregnancy.
Wade goes on a run of questions (peppered with “yes” responses by Gangakhedkar) arguing that the point of R&D is encountering issues and setbacks and acclimation them. “In R&D sometimes you acquire to abort afore you can accomplish right?” “Yes.”
We see an email area Holmes asked Gangakhedkar for some testing abstracts advanced of a affair with the DoD. Gangakhedkar emails that Vitamin D abstracts isn’t accessible and Holmes writes allurement for abstracts on added tests. The point is, apparently, attending at this archetype of Holmes not accomplishing fraud.
The Aegis action re: Theranos lab problems seems to be: look, absolute assignment was actuality done; there were processes in abode that abiding seemed rigorous; the absolute bodies pointing out problems additionally active off on it all.
So far it’s basically a alarm and response, area Wade describes assignment of Gangakhedkar Theranos’s lab, and Gangakhedkar replies “yes.” “Were you appreciative of that work?” “Yes.” “And others at the aggregation were blessed about that assignment as well?” “I anticipate so.”
Back in the San Jose attorneys today for added US v Holmes. Surekha Gangakhedkar, a scientist at Theranos, is aback on the angle actuality cross-examined by Holmes’s advocate Lance Wade.
With that, Adjudicator Davila is catastrophe Gangakhedkar’s affidavit for the day and instructing jurors not to absorb media agreeable about the trial, as always. The balloon will resume on Tuesday — Erin Griffith will be at the courthouse to accompany you alive updates.
We are now assimilate cross-examination. Holmes’s advocate is analytic her about G.S.K.’s abstraction of Theranos’s assays, pointing out that the abstraction answer her work. “The Theranos arrangement eliminates the charge for a lab and provided affection data,” the G.S.K. announcement said.
Despite accepting active an N.D.A., Gangakhedkar printed out some abstracts and took them home aback she larboard Theranos. “I was afraid that I would be blamed,” she testified.
Three canicule afterwards the email from Balwani, Gangakhedkar beatific Holmes her abandonment email. She testified that she was “very fatigued and black and concerned” with the planning of the Walgreens launch.
In an email from Balwani to Gangakhedkar, with Holmes copied, Balwani said the software aggregation had been alive until 3:07 a.m., but that the Edison blood-testing accessories Gangakhedkar’s aggregation formed on were “all sitting idle.” This was an archetype of the burden they were under, Gangakhedkar said.
And, with that, Cheung has been dismissed. The government is calling Surekha Gangakhedkar now, a aloft Theranos aggregation manager.
The government is now allurement questions about a certificate that says, amid added things, that Theranos’s accessories “can be operated with basal training” and that its after-effects acquire “precision and accurateness agnate to acceptable analytic chic analyzers.” Neither is true, Cheung says.
Cheung said they were consistently accepting to adapt the machines, which fabricated after-effects booty 2-3 canicule rather than the brace hours promised. “We had bodies sleeping in the car because it was demography too long,” she said.
Cheung aloof said she “became anxious about a ages in” with the vitamin D samples, in November of 2013. She was anxious about the achievement of the tests and that they were actuality acclimated on accommodating samples.
Defense is done with cross-examination, afterwards assuming Cheung Theranos action abstracts she said she’d never seen. The government is now allurement questions afresh for redirect.
Holmes’s advocate is allurement Cheung a lot of questions about affection ascendancy checks that occurred on the Theranos devices. “There is a acceptance that some errors would appear and this was the action on how to accord with those errors,” he said.
Erika Cheung is now demography the angle as appraisal continues.
The amend you’ve all been cat-and-mouse for: The adjudicator is STILL pronouncing it ther-AH-nos.
In the courthouse now for addition day of the Elizabeth Holmes trial. We’re assured to blanket up affidavit today from Erika Cheung, one of the key whistleblowers in the case.
That’s it for today.????????⚖️
So far the affair of the cross-exam of Cheung seems to be appliance excruciatingly cabalistic capacity about the processes and procedures of the Theranos lab to appearance that its assignment was absolute complicated, involving lots of smart, full-blooded people.
Cheung testified that in affairs about affection ascendancy failures, Theranos’s lab admiral abandoned the best accessible accessible acumen for the failures: “The Edison accessories didn’t work.”
Trial accessory alert: A anchorman brought their own binoculars to see the exhibits on the TV screens.
Erika Cheung is aback on the stand. She declared Theranos’s convenance of demoing claret tests for V.I.P.s, area some of the after-effects came from Theranos machines and others from Siemens analyzers.
At this point we acquire heard attorneys and assemblage accent “Theranos” hundreds of times, authoritative me alpha to admiration whether adjudicator is aggravating to blend with us by afraid to his “ther-AHHHHH-nos” pronunciation.
I should agenda the woman who clapped and yelled “you’re a acceptable mom!” at Holmes bygone aback stormed out of the attorneys afterwards Adjudicator Davila warned anybody that babble being like that in advanced of any jurors could annual a mistrial. I don’t see her actuality today!
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