- Elizabeth Holmes’ bid to get a new trial is on shaky ground after a witness who helped convict her stood by his testimony.
- “I don’t want to help Ms. Holmes,” the witness, Adam Rosendorff, said. “She needs to pay her debt to society.”
- Holmes had requested a new trial after Rosendorff, Theranos’ former lab director, visited her home in August and suggested the prosecution twisted his words to “make everybody look bad.”
Elizabeth Holmes has just faced a setback in her efforts to get a new trial.
On Monday, a witness at the center of one of her arguments for a legal do-over said he stood by the testimony he gave that helped convict the Theranos founder on fraud and conspiracy charges in January.
Speaking at an evidentiary hearing in San Jose, California, Adam Rosendorff, a former lab director at Theranos, said, “At all times I testified truthfully and honestly to the best of my recollection.”
“I don’t want to help Ms. Holmes,” Rosendorff added. “The only person that can help her is herself. She needs to pay her debt to society.”
The accuracy of Rosendorff’s testimony had been thrown into question in recent weeks after he went to Holmes’ home in August and allegedly expressed regret over what he said on the stand during her trial.
Rosendorff allegedly spoke with Holmes’ partner, Billy Evans, at the home.
“He said when he was called as a witness he tried to answer the questions honestly but that the prosecutors tried to make everybody look bad (in the company),” Evans wrote of Rosendorff in an email recalling the conversation between them. “He said that the government made things sound worse than they were when he was up on the stand during his testimony.”
Holmes subsequently filed a motion seeking a new trial, and she was granted a small victory when the judge in her case allowed for an evidentiary hearing into whether there was prosecutorial misconduct surrounding Rosendorff’s testimony.
In the hearing Monday, Rosendorff clarified, “At all times the government encouraged me to tell the truth and only the truth.”
He also explained that he’d tried to see Holmes in August because he felt “distressed” that Holmes’ child, born last year, would grow up without a mother. Holmes faces up to 20 years in prison for each count on which she was found guilty.
“It is my understanding that Ms. Holmes may be pregnant again,” Rosendorff said Monday. Neither Holmes nor her attorneys have publicly said if she is expecting a second child.
During Holmes’ trial, Rosendorff testified that he was asked to make up “reasons other than test performance” to explain unusual test results and that Theranos didn’t have a formal proficiency testing protocol.
Holmes’ sentencing, which was previously scheduled for Monday, was delayed in order for the time to be used to hear from Rosendorff instead. It’s now set for November 18.
Holmes has filed multiple motions requesting a new trial, but it’s unlikely any will be granted, experts previously told Insider.