"You know that I am a faithful part of your team, and will do all that I can to help your case” Eisenman wrote to FBI special agent Adelaida Hernandez, as Downey showed.
"I have no bias in this case," Eisenman blurted out.
Downey asked it that was an accurate statement of his feelings toward the prosecution team.
Eisenman cited "lots of abuse over the years," that he had "been lied to," that "we have the same outcome, that justice be served."
Downey asked if Eisenman also asked the government to investigate other investments which he lost.
Objection - sustained - that's it for the cross.
Prosecutor John Bostic came out for redirect, and began a new line about projections.
Do you recall reviewing this article before you decided to invest in 2013?
"Yes,"
Were you aware Ms. Holmes reviewed a draft of this article before it was published?
"I was not aware..."
"Were you asking for info to be exclusively shared w/ you and not provided to other investors?" Bostic asked.
"No," Eisenman replied.
Bostic asked why Eisenman kept asking for info, despite his having no legal right to it.
"As a practical matter, we make investments in a lot of private companies. And this was the exception. The company that would not speak to us," he replied.
Onto the convo Eisenman had with Balwani prior to his Dec. 2013 investment. And the testimony that he was not in touch w/ holmes prior to that investment
"Were you still relying on the [past] claims that ms holmes made?" Bostic asked
"I was relying on current info," he replied
Of which included:
"The financial press, the WSJ article, articles in several credible financial publications…investment convo w/ senator Frist," Eisenman testified.
"Was that consistent with what ms holmes had told you in the past?"
"I can only say that she has said things in the distant past that tech was working it was accepted in marketplace..."
Did you assume that info was accurate at the time you made your 2013 investment?
Yes I did.
"It's worth zero," Eisenman testified with emphasis on the zero, about what his #Theranos stock is worth today.
Downey is on for recross.
Downey is done, but Eisenman is not.
He may be called back tomorrow on the notes issue.
Attorneys and judge are discussing whether Eisenman can make his 6:45 flight.
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#ElizabethHolmes' team is arguing a motion to reconsider the admission of "enthusiastic" Walgreens customer reports from those who had their blood tested by #Theranos tech
The defense is offering them for Holmes' state of mind, b/c the glowing reviews went "directly" to the CEO
Judge Edward J. Davila went through the surveys, and could not find many reports which actually discussed test results — an issue in the case, he told the defense attorney.
Our first full week of trial — which will likely end in the prosecution resting their case, they revealed last Wednesday.
Investor Alan Jay Eisenman will be the witness this morning. He is on cross and is expected to finish by EOD (1 p.m. PT)
Eisenman is back on the stand. Downey began by asking the investor if he recalled a quarterly meeting call he had with Holmes in March 2010.
Eisenman said he did not recall.
"I have a whole trail of notes over [several] years," Eisenman said about a potential IPO, evading Downey's question about whether or not Holmes mentioned an equity offering in that 3/2010 call.
"Alan. I have no intention of responding to this email and explaining the tech and processes. Please stop sending me with emails everyday," Sunny Balwani responded.
"I had suspicions that things were not as they [had] communicated. I had a significant amount of net worth involved in the company," Eisenman answered, after Bostic asked why he wanted more info.
He wanted to "reduce his position," he said.
An April, 2015 from Eisenman to Balwani and Holmes has the subject: "PLEASE RESPOND!!!"
"It is really unfair for you to play this cat and mouse game with me...I cant make a rational decision to sell or hold my stock with the lack of info you have provided," Eisenman wrote.
Some "thorny legal issues" will be discussed, as defense attorney Lance Wade put last Thursday.
Yesterday there was an hour-and-a-half convo between the parties regarding the scope of questions permissible to ask former Fortune writer Roger Parloff.
He could testify as early as this week, attys said.
His article has been frequently referred to throughout the trial.