Elizabeth Holmes lawyers accuse prosecutors of losing or ‘destroying’ evidence
Lawyers for Elizabeth Holmes criticized prosecutors for manipulating her fraud case for their efforts to show the ousted Theranos founder “Destroyed” evidence, arguing instead that the government “sat on their hands” failed to “preserve” the data, latest court documents show.
The special one billionaireThe Legal Team’s legal team applauded prosecutors who claimed in their Northern District of California case that Holmes health technology The Theranos Company “destroyed” its Laboratory Information System, or LIS, its database and, in turn, a great deal of potential evidence. In their response on Tuesday, Holmes’ attorneys argued the government did not have the evidence “because prosecutors stood idly by for years before attempting to acquire it, then sat on their hands. after having acquired it. “
“They are entirely to blame,” the court documents further state.
Defense lawyers ask court to exclude at trial any evidence of anecdotal test results, arguing that any blood test may give incorrect results “for reasons unrelated to a flaw in Theranos technology “.
According to the document, prosecutors hope to call 11 clients and 11 medical experts to testify to allegedly erroneous test results, but there have been “7 to 10 million results in total generated by Theranos.”
“The government has not explained how it can prove that the blood tests in question were the result of a defect, as opposed to chance,” the argument continues. “And, in the absence of this evidence, this evidence is simply irrelevant and prejudicial.”
The defense team added that prosecutors had attempted to “shift the blame elsewhere” by presenting only one side of the story and neglecting to include “its own role in the loss of LIS data.”
“The government has insinuated that the loss of LIS reflects Ms Holmes’ supposed guilt even though it has nothing to do with it,” the lawyers say, adding that prosecutors have barred Holmes from dealing with the matter. “Mrs. Holmes has to set the record straight.”
Her lawyers also said the loss of this data impacted even their own arguments in that it “deprived Ms Holmes of the evidence she needed to refute the government’s flawed claims.”
Holmes is expected to stand trial in July 2021, on several charges of wire fraud and conspiracy to commit wire fraud.
Prosecutors allege that she and her alleged boyfriend, former Theranos COO, Ramesh “Sunny” Balwani, fooled the public, investors and policymakers into believing blood testing technology to be more accurate than it actually was.
Both have pleaded not guilty.