SAN JOSE: Prosecutors and defense attorneys sketched dueling portraits of fallen Silicon Valley star Elizabeth Holmes as her trial got underway Wednesday, alternatively describing her as a greedy villain who faked her way to the top and as a passionate underdog whose spent years trying to shake up the health care industry.
The two sides are now expected to spend the next three months trying to sway a 12-person jury impaneled to hearing the evidence in a case airing allegations that Holmes used her startup, Theranos, as a scheme to realize her dreams of becoming rich and as famous as one of her role models, late Apple co-founder Steve Jobs.
Once hailed as a billionaire on paper, Holmes is now facing a sentence of up to 20 years if convicted of the felony charges.
Holmes’ rise and fall has already been the subject of documentaries, books and podcasts, feeding the fervor that has built up around a trial that has been delayed twice since she was indicted nearly three years ago. With roughly only 75 spots available for the media and general public to observe the proceedings, people began to line up outside the San Jose, California, courthouse before 5 a.m. Wednesday.
After the jury was seated and U.S. District Judge Edward Davila gave his preliminary instructions, federal prosecutor Robert Leach wasted little time vilifying Holmes.
He cast Holmes in a dark light, depicting her as a conniving entrepreneur who duped investors, customers and patients for years, even though she knew her startup, Theranos, was nearly bankrupt and its much-hyped blood-testing technology was a flop.
“This case is about fraud, about lying and cheating to get money,” Leach said during his roughly 45-minute opening statement.
He said the evidence would show that Theranos was already in deep trouble as far back as 2009, about six years after Holmes founded the Palo Alto, California, company. At that point, Leach said, Holmes resorted to a pattern of lying and hyperbole in an effort to fool major media outlets, wealthy investors such as media mogul Rupert Murdoch, well-connected Theranos board members such as former U.S. Secretaries of State George Shultz and Henry Kissinger, and customers such as Walgreens.
Some of the most damning evidence may be presented by a former top finance officer at Theranos who will testify that the company only had $650,000 in revenue from 2011 through 2014, according to Leach. Yet Holmes was telling investors and other people that Theranos would generate $140 million in revenue in 2014, Leach said.
Holmes, 37, is also accused of promising that Theranos would be able to quickly test small vials of blood in a small company-designed machine named after the famed inventor Thomas Edison. Leach said the samples were actually sent out to outside parties for testing using standard-issue machines he described as “big” and “clunky.”
Theranos eventually failed in 2018, a few years after a series of explosive stories in The Wall Street Journal exposed serious flaws in its technology and spurred regulatory investigations that shut down the testing.
The fraud committed by Holmes “is a fraud on Main Street and it’s a fraud in Silicon Valley,” Leach told the jury.
Holmes’ defense team countered with a more heroic narrative describing her as a tireless worker who poured more than 15 years of her life in pursuit of a faster, cheaper and less invasive way to test blood samples and screen for disease.
Defense attorney Lance Wade, argued that Holmes was simply trying to wrest control of the blood-testing technology market from two dominant laboratories, Quest Diagnostics and Labcorp. “She did her best day in and day out to make Theranos successful,” Wade said of Holmes as he began a roughly 90-minute presentation.
Although she didn’t succeed, Wade insisted that Holmes never stopped believing she was on the verge of a breakthrough that would realize her ambitions. Many investors thought she would too, one of the reasons that Theranos once was valued at $9 billion —- with half that amount belonging to Holmes.
“Failure is not a crime,” Wade said. “Trying your hardest is not a crime. A failed business does not make a CEO a criminal.”
In court documents unsealed just before the trial started, Holmes’ lawyers also disclosed that she may take the witness stand to assert some of her statements and actions while running Theranos were the result of “intimate partner abuse” inflicted by the company’s chief operating officer and her secret lover, Ramesh “Sunny” Balwani.
Without going into specifics, Wade told the jury that she believed she was bringing in “the best businessman she knew” when she hired Balwani but now realizes it was one of her biggest mistakes.
“You will learn that Mr. Balwani did not take well to people who disagreed with him,” Wade said while asserting Balwani’s tempestuous behavior caused many Theranos employees to leave the company.
Balwani also was responsible for overseeing the Theranos lab that the government alleges provided misleading results of blood tests that endangered some people’s lives, Wade noted.
“If what government is trying to show is that Theranos’ clinical lab was well run from 2013 to 2016, we will likely agree with what they have to say,” Wade said. “Poor operations in the lab was one of Theranos’ biggest failures, but it wasn’t fraud.”
Balwani faces multiple fraud charges in a separate trial scheduled to begin next year. His attorney has denied Holmes’ allegations.
AP Newsroom
Thu Sep 09 2021
In this Nov. 2, 2015, file photo, Elizabeth Holmes, founder and CEO of Theranos, speaks at the Fortune Global Forum in San Francisco. AP Photo
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.