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Balwani and his Orrick attorneys just arrived to the courthouse and went into a room adjacent to Judge Davila's courtroom. He was not smiling.
I spoke to a lotta white collar attorneys yesterday about what we should expect today. They predict Elizabeth Holmes will get b/w 5-10 years, which is less than prosecutors' 15-year request and more than Holmes' home confinement bid. Read all about it: law360.com/articles/15505…
The jury has been deliberating for about an hour, but no news yet. Word is that one juror brought a box of donuts. Meanwhile, the PIO has definitely lost a few friends w/ that incorrect email. Stressed out reporters keep trickling into the courthouse hallway in disbelief over it.
Word is there were about 10 people outside the courthouse before 5 am who were paid via TaskRabbit $50 per hour each to sit and wait in line in the rain to reserve seats for others in the main courtroom. It’s unclear who paid them. Woo, capitalism!
The jury is in the courtroom. There's no pre-trial arguments this morning, so we'll be going straight into Holmes' redirect, which is estimated to take about 30 mins.
Judge Ed Davila is on the bench, and Elizabeth Holmes is in the courtroom. There was a delay in getting the audio up in the overflow courtroom, of course, but it's working now. The parties are arguing over admitting some new documents during trial.
Holmes' counsel have raised a few objections to the gov't's proposed jury instructions, which are mostly based on the 9th Circuit model instructions. They argue that the instructions don't do enough to explain "presumed innocent" and the "beyond a reasonable doubt" standard.
I'm in the overflow courtroom, and the clerk is here with extra signs and barriers so that nobody messes with the court's technology if it stops working. Apparently, she got wind of a reporter - a local hero in these parts - who fixed the audio when it went down the other day.
Trial doesn't start until 10, but there'll be a hearing at 9 over Holmes' request to admit certain statements that Sunny Balwani made in civil litigation during the SEC's probe into Theranos -- even though his attys say he plans to plead the 5th. Notably missing is abuse claims.
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. 
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.