Former Theranos CEO Elizabeth Holmes’s sentencing has been pushed back by the judge as officials investigate whether prosecutors in her case practiced misconduct.
Judge Edward Davila delayed Holmes’s sentencing, scheduled for Oct. 17, to a later date and will instead hold a “limited” evidentiary hearing. Holmes’s defense team asked for a new trial in September, claiming that Adam Rosendorff, a former Theranos lab director who was also one of the government’s main witnesses, said in an email that “the prosecutors tried to make everybody look bad.” Holmes’s partner Billy Evans also said Rosendorff “felt like he had done something wrong,” according to court documents cited by CNN.
“What the court wants to know is, Dr. Rosendorff, do you feel the government manipulated you in the preparation or in any way in regards to your testimony?” Davila said in a Zoom-based hearing on Monday, later adding, “What I want to know is, did you tell the truth?”
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Rosendorff wrote in a sworn declaration on Sept. 21 that he stood by his testimony in the trials of Holmes and her ex-boyfriend and former Theranos COO Ramesh “Sunny” Balwani “in every respect,” though he does feel “compassion” for the two and their families who will be affected “by the punishment they may receive.”
Holmes and the government’s lawyers will need to decide on a new date for the former CEO’s sentencing, which could now be scheduled anytime between November and January of next year.
At the start of this year, Holmes, 38, was found guilty on four charges of defrauding investors, while Balwani, 57, was found guilty on all 12 of the charges that he faced. Both face up to 20 years in prison and a fine of $250,000 plus restitution for each count.
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The former Theranos CEO allegedly conned investors, business partners, and countless patients into believing her now-defunct company invented a better way to test drops of blood, falsely claiming that it had the technology to scan for hundreds of health problems using a finger prick.
