"[This] gets into reporter process and I don't think it's published so maybe I should invoke reporter privilege," Parloff testified.
Parloff's attorney nodded vehemently at his client from his seat on a court bench approximately 50 feet away.
Parloff is now consulting with his counsel about whether or not he can answer questions about Richard Kovacevich, a former Theranos board member.
Kovacevich was not named in Parloff's article, but his name was on a memo from the gov to defense regarding Parloff
We're back, and Parloff did speak with Richard Kovacevich, he testified.
He also spoke with:
Gen. James Mattis; George Schultz; Henry Kissinger; Greg Wasson - CEO of Walgreens; UCSF's Mark Laret; Lloyd Dean from dignity health; Scott Serota of Blue Cross Blue Shield ; Dr. David Helfet; Holmes' parents.
Cline and Parloff's attorney are conferencing in the hallway.
Cline wants to know if Parloff heard critcisms from #Theranos competitors and took them to Holmes. (He did take some criticisms to Holmes, Parloff testified.)
Parloff did testify he toured Quest, as Cline elicited.
Quotes in the article are accurate….?
Yes.
“We’re going to focus on the unrecorded conversations here,” Cline said
Cline asked if he writes while he talks, or does he go back in fill in the questions later.
Parloff said sometimes the Q is important, and he'll go back and write it down as soon as possible (after asking)
"Put them into English words," Parloff explained when Cline asked what he meant by transcribing his (written) notes.
"I'm not a skilled court reporter I do the best I can with my short hand, my speed writing," Parloff said.
"After twelve months I throw them out in accordance w/ Fortune's policy...You sort of had to, bc there was just no space to keep all these notes," Parloff testified.
"The handwritten notes you took are destroyed?" Cline asked.
"They're thrown out," Parloff corrected.
"I would transcribe my speed writing notes...if I had the tape to later I would fill in - make it more accurate with a tape recorder," Parloff testified.
"Of course if you didnt have a taped recording you weren’t able to make it more accurate," cline asked.
"Right."
Cline asked if after the Oct. 2015 WSJ article, Parloff began reconstructing his interactions with Ms. Holmes.
"In the course of that reconstruction you read through your computer?" Cline asked, alluding to the computer document he testified to court today which sums his notes
"I bolded certain things as I was writing bc I thought this would be a good quote and so on. What I did at some point after the WSJ articles came out, is I did key word searches. I looked for certain words and numbers to try to figure out what happened," Parloff testified.
"I also bold faced at that point some passages that I found," he testified.
We're calling it a day — Parloff will be back tomorrow when we return.
Cline will resume a question line about some notes Parloff shared with the prosecutors in an April 2018 meeting.
Prosecutor Robert Leach said if the defense chooses to put on a case tomorrow, its first witness will be a paralegal from Williams & Connolly (Holmes' attorneys law firm.)
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The prosecution said they would rest this week, and the crowds showed up accordingly.
Fortune's Roger Parloff will be back on the stand
If they put on a case — the defense disclosed to the prosecution their first witness will be a paralegal from their firm.
They also told the government they plan to call a 2nd witness: Theranos board member Dr. Fabrizio Bonanni.
The gov't moved to exclude Bonanni's testimony.
The defense is arguing the relevance of Dr. Bonanni's testimony, who they said joined #Theranos in March 2016.
Bonanni will speak to the capabilities of the Minilab, which they pointed out rebuts an allegation the government made in the indictment, they told the judge.
We are listening to a taped recording between Parloff and Holmes.
Holmes talked about the “highest levels of quality and data integrity,” in the first clip played.
"We have done work overseas for Pharma companies uhh a little bit with foreign governments in the past. But right now we’ve got our works for us cut out here," Holmes told Parloff in a restaurant.
Defense attorney John Cline is arguing with Prosecutor John Bostic about which portions of Parloff's interviews with Holmes can be played to the jury on cross examination.
“She needs to take the stand and testify," Bostic said, citing hearsay concerns over portions of Holmes' interview, the defense sought to admit.
Cline argued he could admit for Holmes' state of mind.
"She's not trying to deceive Parloff or the investors," Cline said.
Holmes' team filed a motion last night to admit certain portions of her recorded interview with @FortuneMagazine writer Roger Parloff — who could testify as soon as today.
Defense attorney John Cline offered sound bites from Holmes which "[disclose] DoD’s use of Theranos as a potential one," explain why #Theranos considers its tech/processes trade secrets, and other portions that the government's proposed plays "artificially cut out," Cline said.
Not offered by either the government or the defense — the beginning of the intvw in which Holmes tells Parloff how she got into the biz.
"I ultimately dropped out in May. But -- but when I filed the patent in September, I knew this was what I was going to be doing," Holmes said
#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.