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Judge denies Theranos founder Elizabeth Holmes' request for new trial

Holmes was convicted on four counts of fraud, each carrying up to 20 years in prison, setting the stage for her sentencing later in the month.
Image: Elizabeth Holmes
Theranos founder and former CEO Elizabeth Holmes arrives in federal court in San Jose, Calif., on June 28, 2019.Justin Sullivan / Getty Images

A federal judge has denied Theranos Inc. founder Elizabeth Holmes' request for a new trial, setting the stage for her sentencing on fraud charges this month.

U.S. District Judge Edward Davila ruled late Monday that Holmes failed to establish that government misconduct had occurred during her trial.

Davila delayed Holmes' sentencing and granted an emergency hearing last month after a visit to Holmes' residence by a key witness came to light. The witness, former Theranos lab director Adam Rosendorff, was alleged to have told Holmes' current partner, William “Billy” Evans, that he had “done something wrong” during the trial with respect to his testimony. But at the emergency hearing Oct. 17, Rosendorff said Holmes “needs to pay her debt to society” for actions she committed when she led the company.

Monday, Davila wrote that "the court finds Dr. Rosendorff’s statements under oath to be credible.”

Holmes is scheduled to be sentenced Nov. 18 on four counts of fraud, each carrying up to 20 years in prison. She spent years touting Theranos as a revolutionary way for patients to use a blood test to learn about health conditions, only for the company to unravel as an elaborate deception. She was convicted in January.

A lawyer for Holmes did not immediately respond to a request for comment. Holmes, 38, has been out on bail; according to The Associated Press, when she was asked after the October hearing whether she was pregnant, Holmes didn’t respond but smiled warmly. She and Evans had a son a few months before her trial began.

Holmes' former business and romantic partner, Ramesh "Sunny" Balwani, is expected to be sentenced Dec. 7 for his role in the Theranos scheme.