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Theranos founder Elizabeth Holmes seeks new trial claims key witness regrets original testimony

Elizabeth Holmes, the Theranos founder found guilty of fraud earlier this year, requested a new trial just weeks before she was sentenced.

In her court filing on Tuesday, Holmes said that former Theranos lab director Adam Rosendorff, a key witness in her first trial, visited her home on August 8 and told her partner that prosecutors had distorted his testimony.

“By any measure of his statements, the statements warrant a new trial,” one of Holmes’ lawyers wrote in the application, noting that the government considers Mr Rosendorff a ” star witness”.

The request for a new trial comes about eight months after Ms Holmes was found guilty of conspiring to defraud Theranos investors for her role in the collapse of the blood-testing company she founded after the dropped out of Stanford University in 2003.

Theranos aims to perform a series of blood tests with only a small amount of blood, an idea that promises to reshape the healthcare landscape. Theranos partnered with Walgreens to open a blood sampling center at Walgreens stores in 2013 and the following year, Theranos was valued at $9 billion – making Ms Holmes one of the world’s youngest female billionaires. .

However, soon after, it was reported that Theranos’ technology was not working as advertised and Holmes misrepresented the company’s financial and technology position.

Holmes was found guilty in January of three counts of wire fraud and one count of conspiracy to commit electronic fraud. She faces 20 years in prison and a $250,000 fine for each count of fraud. Ms Holmes’s business partner and former lover Ramesh “Sunny” Balwani were also found guilty of fraud earlier this year.

Now, with sentencing slated for October 17, Holmes is trying to have his sentence dismissed. According to the filing, Mr Rosendroff told Holmes’ partner Billy Evans that “he tried to answer questions honestly at Mrs Holmes’ trial, but the government tried to make people bad looks”.

Mr Rosendroff testified at Mrs Holmes’ trial that he warned Ms Holmes of problems in the Theranos lab and faced days of cross-examination from Ms Holmes’s lawyers, who who noted that Mr. Rosendroff had worked in a number of other labs that had regulatory issues.

Notably, Mr. Rosendroff is also a source for The Wall Street Journal The article reported on the demise of Theranos in October 2015.

Ms Holmes’ lawyers have requested that if a new trial is not immediately available, the court “should order a hearing of evidence and allow Ms Holmes to subpoena Dr Rosendorff to testify about her concerns he.”

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