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27 Oct, 4 tweets, 1 min read
Good morning to everyone except the boat that went through a drawbridge and delayed my train by an hour. I'll be late to court this morning.
And the rumors are true. The courthouse is closed due to a “water outage.” Court security won’t let anyone inside even though it’s my understanding there are still court proceedings going on currently. Where is my lawyer? #publicaccess Image
The jurors just left the courthouse, along with Elizabeth Holmes, her attorneys and a small group of press who made it inside before they wouldn’t allow anyone into the building (at ~8:35 am) even though proceedings were on going. Trial won’t resume until next week.
I feel like every reporter covering Elizabeth Holmes’ trial closely has had or will have a total breakdown/freak out moment over public access issues or just the unpredictability of this trial. I think today may have be my turn.

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More from @doratki

Dorothy Atkins Profile picture
26 Oct
Good morning from San Jose! It's week 7-ish of Elizabeth Holmes' criminal fraud trial and Judge Ed Davila is on the bench. The parties are arguing over letting the jury see Holmes' Today Show and Mad Money clips. Sounds like investor Lisa Peterson will be testifying today.
Prosecutors say the interview clips are relevant b/c they show Holmes' state of mind. Defense counsel wants to play the entire interview segments instead of just clips for "completeness" and fairness.
Holmes' counsel Lance Wade also notes that witness Lisa Peterson was a wealth manager at RDV Corp for the DeVos family and she didn't decide their investments, four members of the family decided them. But prosecutors disagree.
Read 53 tweets
Dorothy Atkins Profile picture
22 Oct
I'm back in court for Elizabeth Holmes' criminal fraud trial. It's pouring rain outside and we have a long day of testimony ahead of us with a surprise witness line up and trial going until 4 p.m. Judge Davila is on the bench. Let's gooooo...
Holmes' atty wants the judge to bar prosecutors from mentioning a 2-page email from an investor that repeats allegations in a WSJ article that has already been excluded and it "doesn't add very much." Prosecutors want it in. Sounds like Bryan Tolbert will be called today.
Bryan Tolbert is an investor, and the gov't says he would agree to limit some q's depending on where cross examination goes. Defense says Tolbert's testimony isn't relevant to the alleged conspiracy after Dec 2015. Judge Davila: "Alright, well this is a stay tuned type of event."
Read 72 tweets
Dorothy Atkins Profile picture
20 Oct
I'm back at the federal courthouse in a blustery San Jose for Elizabeth Holmes' criminal fraud trial. It feels like a squall is brewing outside. Judge Davila is on the bench. Holmes is in the courtroom.
The parties say they think they'll finish examining Daniel Edlin today, and then the government plans to call ex-Pfizer scientist Shane Weber. Sounds like we'll go until 3 p.m. today.
Defense counsel reiterates their objection to an internal doc Weber prepared that concluded Pfizer shouldn't do biz w/ Theranos. Weber's conclusions are fair game, the document itself is not, the atty says. Prosecutors say the doc is relevant and the 'why' here is important.
Read 60 tweets
Dorothy Atkins Profile picture
19 Oct
Good morning from San Jose! Today marks the sixth week of Elizabeth Holmes' criminal fraud trial (more or less, depending on when you start counting) and we're (hopefully) about half-way through this thing. Holmes is in the courtroom.
Judge Davila is on the bench. He says the juror whose mother-in-law died suddenly last week wants to travel for a few days next week for the memorial service, so trial won't be in session next Friday, Oct. 29.
Holmes' counsel asks the judge to bar prosecutors from asking ex-Pfizer scientist Shane Weber about an internal Pfizer document that didn't go to "Holmes or Theranos at all." The doc doesn't evaluate Theranos' tech, but it also doesn't recommend Pfizer do biz w/ the startup.
Read 58 tweets
Dorothy Atkins Profile picture
15 Oct
We're back for a short-ish day in Elizabeth Holmes' criminal fraud trial. Judge Davila is on the bench. Holmes' counsel wants the judge to exclude certain communications w/ the military, but prosecutor John Bostic says they're "inextricably intertwined" w/ the alleged fraud here.
Bostic says Holmes "had to get [investors] on the hook, if you will" and she did that by telling them the military was partnered w/ Theranos, even though she knew that the deal w/ the military "wasn't likely to get off the ground."
Defense counsel says the communications at issue is a PowerPoint presentation that Theranos gave to the military in 2012, but those representations have "nothing to do w/ the allegations" related to investor fraud.
Read 39 tweets
Dorothy Atkins Profile picture
14 Oct
Today will be hella busy as in Elizabeth Holmes' criminal fraud trial. In addition to a full day of witness testimony, Magistrate Judge Nathanael Cousins will be holding hearings on separate motions by @JohnCarreyrou & @rparloff at 1:30 so I'll have a foot in 2 courts. Party on.
I'm back in San Jose a few mins late (thnx Amtrak). Judge Ed Davila is on the bench and he's discussing potentially breaking trial for the hearing before Judge Cousins. The attorneys say it's not necessary b/c some attys can leave and argue the motions while trial continues.
The parties turned to arguing over Holmes' request to limit certain testimony from the third witness called today, ex-Theranos lab director Sunil Dhawan, and a letter w/ certain CMS findings on Theranos. Prosecutors say it's relevant and fair game.
Read 75 tweets

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