SAN JOSE, Calif. — Theranos founder Elizabeth Holmes on Wednesday demanded yet another new trial, her second bid in two days, again claiming “new evidence” invalidated the verdict of the jury that convicted her on four felony fraud counts.
Holmes, who founded the now-defunct blood-testing startup in 2003 as a Stanford University dropout, on Tuesday filed a motion in U.S. District Court in San Jose, claiming a key prosecution witness in her trial had last month shown up disheveled at her home, apparently remorseful over his testimony against her.
On Wednesday, Holmes filed a motion arguing that federal prosecutors made arguments in the trial of her co-accused and former lover Sunny Balwani — whose trial followed hers — that likely would have led the jurors in her trial to a different decision. Those arguments amounted to new evidence requiring a second trial for her, the motion said.