Good morning from a cold San Jose! It’s just after 4:30 a.m. and I’m the 32nd person in line to get into the courthouse for day 3 of Elizabeth Holmes testimony. The woman who is keeping a list of newcomers says there are more people here today at 4:30 than yesterday. Image
There are three observers with a briefcase and a sign who set up a new business outside the courthouse for Holmes’ trial. “Wanna buy a blonde wig?” they ask me. ImageImage
I asked the trio with the Holmes' schwag if they would constitute Holmes' "super fans." One said no, "I'm very fascinated with Elizabeth, but not a fan." Another one laughs and says, "We kind of are... I admire, kind of, her psychopathy."
The line outside the courthouse has grown, but it’s not as long as yesterday. People in line are observing that it seems to have gotten colder than it was at 5 am. I just asked what temperature hypothermia sets in. “This one,” a nearby reporter replied to me. Image
I'm inside the courthouse in the overflow courtroom, where the lights are off for some reason, but court staff has the live-stream video and audio from the main courtroom up and running (unlike yesterday). Hoping there won't be any tech issues during this long day of testimony.🤞
Judge Davila just briefly popped into the courtroom w/o his robe to arrange things on the bench. He asked the court reporter and the attorneys if they want something that he brought for everyone. The word was muddled, but it was some kind of breakfast item.
The court reporter followed the judge into chambers and returned to the courtroom a few moments later with what looks like a few plates of snacks for the attorneys. "The paralegals were taken care of this morning," she says.
Word from the reporters trickling into the overflow courtroom now, I missed a man shouting "God bless you, girl boss," to Elizabeth Holmes as she entered the courthouse this morning.
Holmes is back on the stand, pouring herself a glass of water. Looks like we're getting started on time this morning.

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More from @doratki

23 Nov
Holmes says she had convos with Pfizer execs after 2009 to counter ex-Pfizer scientist Shane Weber's testimony that Pfizer had no significant dealings w/ the startup after he concluded its tests weren't believable. (ICYMI here's my recap of his testimony) law360.com/articles/14336…
Holmes again says that in 2010 she thought Theranos' 4.0 Edison "could run any test." Her attorney points to an email Ian Gibbons wrote her in Feb 2010 stating “Essentially all [analyte tests] are possible in the proposed system." She thought that meant they could do the tests.
Alright, I deleted a tweet that referred to this as "cross" which was an obv dumb error. (Did I mention I was here at 4:30 a.m.?) This is Holmes direct. Now back to her testimony..
Read 87 tweets
22 Nov
Good morning from San Jose! It’s 4 a.m. and I’m outside the courthouse for day 2 of Elizabeth Holmes’ testimony in her criminal fraud trial along a 16 other folks who got here before me. I’ll be pounding coffee for the next 5 hours as we wait to get inside. Standby for tweets!
John Carreyrou just arrived and the line has grown to 25 folks. Nearly everyone here is media. T-minus ~4.5 hours until trial starts and my coffee might as well be water at this point.
One kind soul, who may not have actually slept last night, has taken on the duty of keeping a list of newcomers so that there won't be a mad dash to the courthouse doors once the gates open. "Are you media?" she asks No. 26, adding. "Welcome to the shitshow."
Read 55 tweets
19 Nov
Happy Friday! I'm in San Jose for day 35 of the gov't's criminal fraud trial against Elizabeth Holmes. Prosecutors are expected to rest their case-in-chief today. The parties are up arguing before Judge Ed Davila about Holmes' 1st witnesses. Full steam ahead! (Knock on wood.)
Prosecutor Jeff Schenk notes that Holmes' defense team has spent 65 hours of trial time already examining witnesses so far, and prosecutors have taken 53 hours. "The defense case has begun," he says.
Holmes' attorney, Amy Saharia, is up for the first time during this trial arguing over the admissibility of certain witness testimony. She argued many of Holmes' pre-trial fights, but she hasn't made any arguments or any done witness cross examinations to date.
Read 99 tweets
18 Nov
Good morning from a chilly San Jose! Judge Edward Davila is on the bench and we're in the home stretch of the government's case-in-chief in Elizabeth Holmes' criminal fraud trial.
Judge Davila asks prosecutor John Bostic what the schedule is today, adding "I hesitate to even ask." Bostic says they have a "similarly short" witness to call after Tompkins' cross wraps & "we have witnesses planned for today" - meaning I think it's unlikely they'll rest today.
The parties are arguing over admitting various portions of @rparloff's Fortune Mag interview with Holmes during his examination. Sounds like Parloff will take the stand today. (For journos, who generally try to stay out of litigation, the fact he is testifying is significant.)
Read 84 tweets
17 Nov
Good morning from a sunny San Jose! Judge Ed Davila is on the bench for yet another day of Elizabeth Holmes' criminal fraud trial. Holmes' counsel says they can hold off on arguing over admitting Fortune Mag writer @rparloff's interview w/ Holmes, b/c Parloff will testify tmr.
The jury is in the courtroom & hedge fund manager Brian Grossman is back on the stand. Holmes counsel Lance Wade continues cross, asking him about his Jan 2014 meeting w/ Balwani & Holmes. He says "in the second half of the meeting Balwani def drove the meeting" b/c Holmes left.
Wade asks Grossman to review notes, which Grossman says aren't his. The atty asks if it refreshes his memory that he was told 96% of blood test requests "fall within 7 assays." Grossman - clearly frustrated - tries to offer an explanation, but eventually says "No, it does not."
Read 54 tweets
16 Nov
Good morning from San Jose! I'm in the overflow courtroom for another day of Elizabeth Holmes' criminal fraud trial. This one should be long. It's unclear who the gov't will be calling and the parties are already arguing before the judge over Theranos' infamous missing database.
The parties are arguing over whether the gov't "opened the door" to telling the jury who's to blame for the missing database (which WilmerHale attys helped lose). The judge says "if the door is not open, the light is certainly shining through the cracks." (Lotta door metaphors)
The parties moved on to another issue - Holmes' renewed request to introduce Theranos customer feedback, which she received. Her attorney argues that the data is important to her defense and it speaks to Holmes' understanding that Theranos' biz "was working."
Read 57 tweets

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