After a judge declined her appeal on September 1st, Holmes has a new reason her guilty judgment should be thrown out: a witness purportedly feels bad about their sworn testimony. Holmes has been found guilty of financial fraud relating to the many times she lied to investors about her blood-testing start-up Theranos.
Isn't the Netflix special considered definitive?
The motion for a new trial, authored by Holmes' attorneys, hinges on "newly discovered evidence," specifically: the alleged testimony regrets of Adam Rosendorff.
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Now, Holmes and her lawyers are claiming that Rosendorff left a voicemail and then showed up at Holmes' residence on August 8 in a desperate bid to communicate that he "felt he had done something wrong, apparently in connection with Ms. Holmes' trial." The motion, supposedly paraphrasing Rosendorff, says that the former Theranos employee stated, "the government made things seem worse than they were."
In the document, Holmes' legal team wrote, "Under any interpretation of his statements, the statements warrant a new trial under Rule 33. But, at a minimum, and to the extent the Court has any doubt about whether a new trial is required, the Court should order an evidentiary hearing and permit Ms. Holmes to subpoena Dr. Rosendorff to testify about his concerns."
The new trial request comes eight months after Holmes was convicted on four counts of fraud and related charges, and just a couple of months after Balwani was found guilty on 12 counts of fraud. Initially, Holmes' sentencing was scheduled for September 26, but was recently delayed until October 17.
