🩸🩸🩸Hello from the the dark of night in San Jose where I’m lined up for Elizabeth Holmes to take the stand again in her fraud trial.
The press is here with cameras, camp chairs and hotel coffees.
Since I have roughly 4.5 hours to kill before this gets going, let’s talk about what has happened so far…
First there was jury selection. Remember Hansen? Good times.
npr.org/2021/09/14/103…
Then all the Balwani stuff. The abuse allegations. The texts. Whew. nytimes.com/2021/08/30/tec…
Let us not forget the Holmies
nypost.com/2021/09/08/the…
Then the trial actually started. I've now written about a million words about this case but I think this one on the opening statements remains the clearest summary of the stakes:

nytimes.com/2021/09/08/tec…
The crowds left. The reporters invested in butt pads and keyboard covers. The book clubs showed up. And the trial sunk into a rhythm.
nytimes.com/2021/10/11/tec…
There was a lot of testimony. This case spans 6 years and numerous investments. Some highlights 🩸🩸🩸🩸
Reports were falsified.
nytimes.com/2021/10/15/tec…
Demos were faked.
nytimes.com/2021/10/22/tec…
And General Mattis “didn’t know what to believe” about Theranos by the end.

nytimes.com/2021/09/22/tec…
A narrative emerged: These investors were lousy at diligence.
nytimes.com/2021/11/04/tec…
There were… a lot of snafus.

wsj.com/articles/thera…
Prosecution closed with Roger Parloff, the Fortune journalist who wrote the first cover story on Holmes.
nytimes.com/2021/11/18/tec…
People on the witness list we did NOT hear from: Henry Kissinger, Channing Robertson, Tyler Shultz, David Boies, Riley Bechtel, Phyllis Gardner, Sam Nunn, Rupert Murduch, Bill Frist, William Perry, Gary Roughead
Defense started their case Friday morning and went through two witnesses. No one expected them to call Holmes at that moment (if at all). It was a stop the presses moment!

nytimes.com/2021/11/19/tec…
You can follow along with @erinkwoo and I liveblogging it (starts at 9 PT) on the NYT site here:
nytimes.com/live/2021/11/1…
We are getting a tarot reading on the outcome of the trial. @kari_paul says it’s looking good for Holmes.
The gates are open, the sun is rising and we have formed an orderly line.
Holmes enters the courthouse
We’re all just sitting in the courtroom quietly waiting for this thing to start. No announcements or communications about anything yet. 😵‍💫
Oh my god finally, it's a miracle, jury and judge are here and Holmes is back on the stand.
(No indication of what caused the 1.5 hour delay BTW.)
Again, you can follow along here! nytimes.com/live/2021/11/1…
Apologies for getting this far in a thread about 🩸Our Holmes Matter🩸 without a single wowsy, so, wowsy, I'm tired!
First post about the testimony so far: Holmes is rebutting one of the key points of the prosecution - the falsified validation reports. nytimes.com/live/2021/11/2…
Underscoring the defense's case is this quote from Holmes lawyer Lance Wade during opening statements back in September: “The reality of what happened at Theranos is far, far more complicated than what you have heard about Elizabeth Holmes so far."
And that is it for our short day! Jury is gone. Holmes attempted to make meaningful eye contact with each of them as they walked by.

Lawyers are now fighting about how much time they've had to go over documents.

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More from @eringriffith

23 Nov
🩸We're here outside the courthouse for US v Holmes again.🩸
We're in the courtroom and Elizabeth Holmes is set to testify for a third day.

NYT's liveblog of the events is live here ⬇️ nytimes.com/live/2021/11/2…
Read 9 tweets
18 Nov
🩸US v Holmes continues.

Today we'll hear from Erin Tompkins, a patient, as well as Roger Parloff, a journalist.

But first, for every 1 hour of testimony there are roughly 3 hours of lawyer bickering over the scope of the testimony and today is no different!
Tompkins is back on the stand being cross-examined by Holmes lawyer Katie Trefz.

She says she attempted to get information about the testing from Theranos but was not provided any.

Trefz names the customer service rep Tompkins called and she doesn't remember.
Read 68 tweets
17 Nov
🩸 It's US v. Holmes again🩸

Brian Grossman, managing director at PFM Health Sciences, which backed Theranos, will continue cross-examination today.
While we wait to get started, let us review some of the new financial terminology we learned yesterday...
wowsy: when you take a look at one of one of the most impressive boards Thomas Laffont has ever seen
Read 52 tweets
16 Nov
🩸US v Holmes again🩸

The lawyers are fighting about whether to discuss the lost database of Theranos tests.

(Some background on it here: cnbc.com/2021/07/07/mis…)
Now Holmes lawyer Richard Cleary is arguing the defense should be able to include testimony of positive reviews / surveys of Theranos tests.
Judge Davila is skeptical. He said the majority of the customer comments talk about pricing bc they had no health insurance. Or they were given $100 gift cards by doctors. Not about the accuracy of the tests.
Read 55 tweets
15 Nov
🩸"Our Holmes Matter" continues.🩸 Full week of testimony in US v Holmes after last week's announcement that the prosecution is likely to rest soon.

Alan Eisenman, a Theranos investor, returns to the stand for x-exam.
Eisenman was a difficult witness for the defense lawyers. He refused to go along with some of Kevin Downey's yes/no questions and it got testy.
Eisenman's direct testimony also brought up some pretty wild emails between him and Holmes+Balwani. They basically treated him like a stalker for asking for more info and threatened legal action. And then, incredibly, he still invested more $$ after that!
Read 34 tweets
10 Nov
🩸 "Our Holmes Matter" continues in San Jose. 🩸

Holmes lawyer Lance Wade is questioning Dr. Das, Theranos's final lab director. Yesterday he testified that he decided to void as many as 60k Theranos tests.
(Me and the judge are trying to make "Our Holmes Matter" happen )
Before Dr. Das joined Theranos, CMS inspected Theranos's labs and issued a damning report about lab deficiencies, which we saw yesterday.

Read 44 tweets

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