Theranos founder Elizabeth Holmes in a special hearing Friday lost her bid to force a key prosecution witness, who showed up at her home months after her felony fraud conviction, to hand over emails about his testimony against her.
Dr. Adam Rosendorff, the former lab director at Holmes’ now-defunct Palo Alto blood-testing startup, appeared at Holmes’ residence in August and talked with her partner Billy Evans. Holmes’ lawyers in court filings have cast Rosendorff as remorseful over his testimony, and they have suggested federal prosecutors possibly engaged in misconduct regarding his testimony at her trial. Her team has asked the judge in her case to order a new trial on the basis of Rosendorff’s visit. Rosendorff subsequently provided to the court a sworn declaration standing by his testimony, and Judge Edward Davila has set a hearing for Monday, Oct. 17 to hear from Rosendorff.
In advance of the hearing, Holmes’ legal team had issued a subpoena to Rosendorff demanding he provide emails or other communications he had with anyone about his testimony, and communications with the prosecution about the case.
