Elizabeth Holmes, convicted Theranos founder, to push for new trial

Elizabeth Holmes, the convicted founder of biotech company Theranos.
Elizabeth Holmes, the convicted founder of biotech company Theranos. Justin Sullivan/Getty Images
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Elizabeth Holmes, the founder of disgraced biotech company Theranos who was convicted on wire fraud and conspiracy charges, will get a chance in court Monday to argue for a new trial.

Holmes was convicted in January of defrauding investors through fraudulent claims about the accuracy of Theranos' blood testing devices, and is facing up to 20 years in prison. However, she requested a new trial in September after one witness reportedly told Holmes his testimony had been twisted by prosecutors to make her actions at Theranos look worse than they were.

The witness, Adam Rosendorff, was the former lab director of Theranos, and following his testimony against Holmes, he allegedly "felt guilty to the point where he had difficulty sleeping," The Wall Street Journal reported. Following this revelation, Holmes' lawyers argued that Rosendorff's conversation with Holmes provided enough evidence for her to get a new trial.

Despite this, Rosendorff's lawyers shot back, claiming he didn't recall the conversation or statement with Holmes. A court filing from Rosendorff's lawyers further added that Holmes' claims of their conversation did not accurately represent how he felt about Theranos, with the Journal reporting that Rosendorff "provided a sworn statement saying he stood by his testimony in Ms. Holmes's trial and had no reason to believe the government misrepresented her conduct at Theranos."

Holmes is set to appear before a U.S. District Judge in San Jose, California, along with Rosendorff, where the court will seek to determine if his testimony during Holmes' trial was truthful.

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