White Collar Partner Keri Curtis Axel, quoted by Law360 on January 5, 2022 on Elizabeth Holmes’ trial takeaways, said “Judge Davila played chicken with the defense, allowing [Holmes] to testify about the abuse and giving the defense a chance to see if they could connect it up to her state of mind. Ultimately, they did not, so it did not really help Holmes at trial, and she doesn’t get an appellate issue out of it either.”
Judge Davila allowed Holmes to testify about her claims that alleged co-conspirator Ramesh “Sunny” Balwani, the former Theranos’ chief operating office, abused her while she was Theranos’ CEO.
Axel, a former federal prosecutor, said Holmes’ conviction, which could result in a significant prison term, does not bode well for Balwani’s defense in his forthcoming trial. While some legal experts say the Holmes’ case gives the Balwani defense team an edge over the government in preparing for trial, Axel said, “If I were Sunny Balwani’s counsel, I would take no joy in this verdict.”
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