Elizabeth Holmes, former Theranos CEO convicted of fraud filed a complaint on Tuesday asking a California federal judge for a new trial based on new evidence regarding “star witness” Adam Rosendorff, her former lab director.
According to the motion, Rosendorff left Holmes’ attorney Lance Wade a 30-second voice message on Aug. 8 saying he wanted to visit Holmes and that it would be healing for both of them.
An hour and 15 minutes later, Rosendorff showed up at Holmes’ house and her partner answered the door. Rosendorf told his partner he regretted the process and kept him up at night. The motion said Rosendorff believes “the government is making things look worse than they are” and “he feels he did something wrong in connection with Ms. Holmes’ trial.” He felt that a conversation with Holmes would help both of them.
Holmes’ partner, Billy Evans, later recounted the interaction with Rosendorff in an email to Holmes’ attorney, and described Rosendorff as “disheveled” in appearance.
“His shirt was unbuttoned, his hair was disheveled, his voice was shaking slightly,” Evans wrote in the email.
Rosendorff’s remorse calls into question his credibility and how he influenced the jury, according to the motion.
“Dr. Rosendorff’s statements suggest that the government’s presentation of evidence may have misled the jury, whether intentionally or not,” the motion said. “His statements suggest there is serious reason to doubt the credibility of a key government witness.” And his statements at least raise the possibility of government misconduct.
Rosendorff was Theranos’ laboratory director from April 2013 to November 2014. He testified for six days during the trial and described instances of inaccurate and incorrect lab results, reports the New York Times. He was mentioned in opening and closing arguments “more than any other witness,” according to the motion.
The process ended in January when a federal jury convicted Holmes on four counts of fraud, including one count of conspiracy to defraud investors and three counts of substantial wire fraud involving wire transfers totaling more than $140 million.
Holmes raised concerns during the trial about Rosendorff’s potential bias in favor of the government because of pending government investigations into three positions he held after working at Theranos, according to the motion.
The motion cites ethical restrictions that restrict Holmes’ attorneys from returning Rosendorff’s phone call without Rosendorff’s attorney’s consent. The next day after Rosendorff visited Holmes’ house, Holmes’ attorney emailed the attorney who appeared with Rosendorff at trial. The attorney said there was no need for Holmes’ attorney to return Rosendorff’s call.
Holmes faces a maximum sentence of twenty years in prison and a fine of $250,000 plus restitution. Her sentencing hearing is scheduled for October 17.
Holmes’ attorneys did not immediately respond to a request for comment.