Decide could unseal some psychological well being data in Elizabeth Holmes case

Former Theranos CEO Elizabeth Holmes (heart) and her counsel exit court docket on June 15, 2021. Holmes is scheduled to face trial for wire fraud and different prices later within the yr.

CNBC

The federal decide in former Theranos CEO Elizabeth Holmes’ fraud trial is contemplating whether or not to unseal particulars about her psychological analysis as a part of a media request to make public parts of her case.

Dow Jones & Co., the writer of The Wall Road Journal, filed a movement is asking the court docket to unseal paperwork in Holmes’ case. The Dow Jones attorneys mentioned roughly 40% of the paperwork in Holmes’ case stay underneath sealed.

“That may be a very vital quantity of fabric, because the court docket is painfully conscious,” John Cline, an legal professional for Holmes, mentioned throughout listening to on Tuesday. “And Ms. Holmes’ view is that most likely at this level, a big a part of that may be unsealed, however not all.”

Federal prosecutors help the request to unseal parts of the case, stating that if Holmes plans to make a psychological well being protection, then they must be ready.

“The primary factor we’re involved with is sustained sealing on the present degree consists of even the excessive degree matters together with Ms. Holmes’ rule 12.2 protection and that’s hindering the federal government’s trial preparation,” Kelly Volkar, an assistant U.S. legal professional mentioned, referring to a psychological well being protection. “The query is how far is the sealing going to go.”

Prosecutors had a psychological skilled consider Holmes after her protection attorneys revealed they plan to name on a medical psychologist to testify a couple of “psychological illness or defect” bearing on the problem of guilt.

One other set of paperwork which may be unsealed is why Decide Edward Davila severed the trials of Holmes and her co-defendant Ramesh “Sunny” Balwani. Balwani was her enterprise associate and served as COO at Theranos. The pair had a romantic relationship however by no means revealed it to their buyers.

Holmes and Balwani’s relationship reportedly ended across the identical time he left Theranos.

“I am going to reiterate that Mr. Balwani has by no means requested that any a part of these trial dockets be filed underneath seal,” Jeffrey Coopersmith, an legal professional for Balwani, mentioned. “Dow Jones has had discover of sealed filings for a yr and a half. They’re submitting this now. I believe we perceive why, they wish to promote newspapers. It is on the eve Ms. Holmes’ trial.”

Holmes and Balwani each face a dozen legal wire fraud and conspiracy to commit wire fraud prices. Prosecutors say the 2 misled sufferers, docs and buyers about Theranos’ blood testing know-how. Each have pled not responsible.

In an interview with CNBC in July, the previous Wall Road Journal reporter who broke the Theranos scandal, John Carreyrou, mentioned Holmes’ protection technique could also be responsible her ex-boyfriend.

“A big a part of her protection now appears to be like to be blaming Sunny and mainly saying to the jury that Sunny held her in his psychological grip,” Carreyrou mentioned. “Her protection plans on making the case that he was the older boyfriend, 19 years older who was actually the puppeteer right here, and she or he was the puppet. And clearly they will trot out a psychologist to assist make that case.”

Davila ordered attorneys for Holmes and Balwani to type via what paperwork could also be unsealed and redacted by the top of the week.

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