- by theguardian
- 30 Nov 2022
The Theranos founder was set to be sentenced on 17 October after being convicted on four of 11 counts of fraud for her role in the blood-testing company, but the sentencing was rescheduled after a key witness for the prosecution said he regretted the role he played in her conviction.
That witness, former Theranos lab director Adam Rosendorff, appeared in August at the home Holmes shares with her partner William Evans to express his remorse, her lawyers claimed in a motion for a new trial.
Holmes, 38, is currently out on bail awaiting her sentencing. It is typical for defendants to make motions for a new trial after a guilty verdict, said Neama Rahmani, a former former federal prosecutor and president of West Coast Trial Lawyers.
Davila did not make a ruling on the motion on Monday but will do so in the coming week. The judge had already set a new sentencing date for Holmes for 18 November before the Monday hearing began. If the guilty verdict is upheld, she faces 20 years in prison and a fine of $250,000 plus restitution for each count.
Meanwhile her co-conspirator and former romantic partner Sunny Balwani is scheduled to be sentenced on 15 November after he was convicted on all 12 fraud charges brought against him for his role at the company.
The Associated Press contributed to this report.