Holmes retrial unlikely and appeal difficult, says legal expert

Holmes was convicted on charges of defrauding three other investors, as well as conspiring to do so. She was acquitted on three counts of defrauding patients who paid for tests from Theranos, and a related conspiracy charge. The jury could not reach a decision on three counts related to individual investors.

Prosecutors said Holmes, 37, swindled private investors between 2010 and 2015 by convincing them that Theranos' small machines could run a range of tests with a few drops of blood from a finger prick.

Legal expert Carrie Cohen, a former prosecutor and partner at Morrison & Foerster said the split verdict indicated that the jurors had taken their duty seriously and considered the evidence carefully. That might make it difficult for her defense team to appeal, she said.

"A split verdict is a little bit hard of a verdict to appeal from, because the jury clearly didn't rush to judgment," Cohen said. "It appears that they didn't take, evidence from one crime and use it to say, well, she lied to one investor, she must have lied to the three other investors. They clearly sifted through the evidence and really applied each fact to each charge."

She faces up to 80 years in prison when sentenced by U.S. District Judge Edward Davila but would likely get a much lower sentence.

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