Theranos Inc. founder Elizabeth Holmes’s quest for a new trial is over after a federal judge ruled that the whistle-blower witness who showed up unannounced at her home in August testified truthfully on the witness stand a year ago.
The decision, made late Monday, means that Holmes, who was found guilty in January of defrauding investors in her blood-testing startup, remains on track to be sentenced Nov. 18. The 38-year-old entrepreneur faces a maximum of 20 years in prison, although she’ll probably get far less than that.
The ruling follows a hearing during which former Theranos lab director Adam Rosendorff stood by his testimony after lawyers for Holmes had raised concerns that the scientist expressed misgivings about what he told jurors. They said Rosendorff sounded deeply distressed on the evening he visited Holmes, and told her partner, Billy Evans, that he couldn’t sleep because prosecutors had twisted his testimony.