It is reported that Elizabeth Holmes, the head of a blood testing company in the United States once known as the "female version of jobs", was found guilty of fraud. Recently, Holmes asked the judge to cancel the guilty charge. She said that except for reasonable doubt, no rational jury would consider her guilty of conspiracy and Telecommunications fraud.
The application document was submitted to a federal district court in San Jose, California last Friday. It is a routine operation of law and aims to overturn the previous jury's judgment.
Seth kretzer, Holmes' defense lawyer, said in the document that in all trial appeals in the United States, the defendant will challenge whether the evidence is sufficient. In the trial of the federal court of Appeals in the United States, the challenge of fraud is successfully appealed at least once a year.
Holmes founded theranos, a blood testing company. She used to be CEO, but she was suspected of cheating investors in blood testing technology. In January this year, a jury in an American court convicted her of four counts of conspiracy and Telecommunications fraud (network fraud), but she was not convicted of four other counts of patent fraud. On the other three remaining quality control items, the jury has not yet reached a consensus.
According to the judgment, the court said that Holmes cooperated with Ramesh "sunny" balwani, the former president of theranos, to commit fraud. However, Holmes' defense lawyer pointed out that the U.S. prosecutor did not provide any evidence for the conspiracy of the two men.
During the trial, the US prosecutor showed the jury a large number of e-mails and texts, showing the cooperation between Holmes and bowani.
However, Holmes' defense lawyer said in court documents that among a large number of written information evidences submitted by the prosecution, only one information has something to do with the content of statements to investors. The information about the investment comes from Murdoch, a well-known media tycoon (the victim of fraud in this case).
Defense lawyers said that the above information came from an eyewitness, but it did not prove that Holmes and bowani cooperated to deceive Murdoch.
Krayzer said that even if the judge supports the opinion of the plaintiff's lawyer, the prosecution will still appeal to the United States Court of Appeals for the Ninth Circuit. Moreover, the prosecutors have professional training and have sufficient evidence. Even if some evidence is overturned during the appeal, they will provide more evidence to prove the criminal charge.
In the prosecution, telecom fraud is the main crime of Holmes, but Holmes' lawyers also raised objections to quality control.
The lawyer said that Erica Cheung reported earlier that the test result of the blood analyzer was failed. After that, Holmes began to introduce a new version of the blood analyzer (called Minilab) to investors.
Holmes' lawyer said that investors who choose to cooperate with theranos pay more attention to the long-term development of the company and their ability to affect the health care market in the future.
American judge Edward Davila has decided that a court hearing will be held in July to consider the request made by lawyer Holmes. According to the plan, the lawsuit will be formally adjudicated in September.
In addition, the U.S. prosecutor also charged another suspect, bowani, and the trial of this case is still in progress.
The representative of the US prosecution in the San Francisco branch did not comment on the request made by lawyer Holmes.