Key prosecution witness explains why he visited Elizabeth Holmes' house after trial
A witness whose testimony helped prosecutors convict Theranos founder Elizabeth Holmes says that her bid for a new trial mischaracterized statements he made after a jury found her guilty of fraud.
Adam Rosendorff, the defunct blood-testing company’s former laboratory director, stands by his trial testimony against Holmes and her co-defendant, according to a court document filed by his lawyers on Wednesday.
The testimony from Rosendorff lies at the heart of a court hearing scheduled for Oct. 17 that will determine whether Holmes will receive a new trial. In January, a federal jury in San Jose convicted Holmes of four counts of defrauding investors in Theranos. Each charge carries a maximum prison sentence of 20 years.
Holmes contends new evidence emerged when Rosendorff met with Holmes' partner, Billy Evans, outside their home on Aug. 8. By Evans' account, Rosendorff shared second thoughts about his testimony that call into question his credibility as a witness. The former lab director disputes Evans' characterization.
“I answered every question put to me completely, accurately, and truthfully to the best of my ability,” Rosendorff’s court filing states. “Nothing I have learned since giving my testimony has changed my recollection of the events I witnessed during my time at Theranos."
Rosendorff said he visited Holmes's house to forgive the 38-year-old mother, not to recant his testimony.
“On the contrary, as Dr. Rosendorff will testify at the Oct. 17 hearing, his visit to the Defendant’s house was part of an effort to forgive her for the pain and suffering her actions have caused in his life, to address his own complicated feelings about having played a role in the mother of a young child potentially going to prison," the filing stated, "and generally to achieve closure of a difficult period in his life.”
Rosendorff argues that he shouldn’t have to produce documents subpoenaed by Holmes’ lawyers. He calls the request a “fishing expedition” that would task him with searching through more than a year’s worth of sensitive emails, text messages, and other communications. The request for the exchanges with friends, family and others aim “to make him look like a liar,” he says.
Holmes' lawyers say they warned the presiding judge, Edward Davila, that Rosendorff's testimony was problematic. Prosecutors elicited misleading testimony throughout Rosendorff's cross-examination, according to Holmes' attorneys. Lawyers for the ex-Theranos CEO also contend the government kept information away from the jury concerning investigations into his competence in his post-Theranos employment, and relied too heavily on him as an expert witness given his potential bias.
Rosendorff also testified against former Theranos COO and president Sunny Balwani, who was tried separately and ultimately convicted of 12 counts of fraud. Judge Davila rejected his bid for a new trial.
"I stand by my testimony at Ms. Holmes’ and Mr. Balwani’s trials in every respect,” Rosendorff said.
Holmes is scheduled to be sentenced on Nov. 18, though that could change if she's granted a new trial.
Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed.
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