Elizabeth Holmes, the founder and former CEO of blood testing and life sciences company Theranos, arrives on the first day of jury selection in her anti-fraud trial, before the Federal Court in San Jose, California, on 31 August 2021.
Nick Otto | AFP | Getty Images
Theranos isn’t exactly a familiar word, but many of the potential jurors questioned Tuesday had heard about the company or its former CEO, Elizabeth Holmes on the first day of her criminal fraud case.
Nearly 40 potential jurors were questioned for seven hours and 14 were dismissed. One said, “I have no bias, unless I remember the defendant’s tendency to turtle necks.”
Another jury, who admitted to seeing a documentary on “60 Minutes” about Theranos, said, “I’m glad you didn’t invest in it.”
Holmes, who looked solemn, wore a black suit and jacket with a blue mask. He tried to make eye contact with each potential jury as they entered the room.
Elizabeth Holmes in court
Source: Vicki Behringer
A potential jury, which said it had read John Carreyrou’s book on the Theranos scandal, “Bad Blood,” works at a health-related company. He admitted to the judge “there was a certain disappointment” after reading the book.
“There aren’t that many women who get to become CEOs of a high-powered company,” she said.
Prosecutors and defense attorneys are trying to find a dozen impartial jurors and five alternates to participate in what is expected to be a 13-week trial. Holmes and Sunny Balwani, their former business partner and for a time their boyfriend, each face ten counts of fraud and two counts of conspiracy. Both have pleaded guilty. Balwani will be tried separately.
Several potential jurors said they had read books, watched documentaries, or heard conversations and podcasts on the subject. U.S. District Court Judge Edward Davila suggested that potential jurors turn off news alerts to prevent further media exposure.
A potential jury revealed he was a news producer on a radio station, who said he included stories about the high-profile case.
“I’ve been avoiding the topic at work, but in anticipation of the jury selection they’ve been posting stories,” he said. “I’m not sure how I can stay impartial for the rest of the trial.”
“I look at my computer and all I see is: Theranos, Theranos, Theranos,” he added.
Davila joked, “I won’t ask you to leave the job, sir,” and later asked, “Would your heart break a lot if I apologized to this jury?”
The judge also asked potential jurors about whether they or someone they knew had experienced intimate partner violence. Five potential jurors raised their hands. Unsealed Bombshell court documents on Saturday reveal that Holmes, 37, plans to sue Balwani, 56, who abused her psychologically, emotionally and sexually. In the unsealed files, Balwani unequivocally denies the allegations.
“The hardest thing to prove here for prosecutors will be intent, so the more likeable and emotionally malleable potential jurors reveal, the more the defense will want it and the prosecution will want to get rid of it,” he said. dir James Said McGarity, jury consultant and partner at R&D Strategic Solutions. “He really needs nice people.”
Another potential jury told defense attorneys that he had left a negative comment on Facebook when he closed Theranos. “I followed the company because I was interested,” he recalled. “I was disappointed because I thought the company was so great,” he said. “It was disappointing.”
The selection of the jury is expected to last two days, with initial forecasts scheduled for September 8th.