- Elizabeth Holmes' sentencing has been pushed back again and could happen as late as next year.
- On Monday, a judge ordered a hearing into whether prosecutors engaged in misconduct surrounding a star witness who visited Holmes' house last month and expressed regret over his testimony.
$4 has just won more time before her sentencing date, and she's come a step closer to possibly getting a new trial altogether.
On Monday, the judge in the Theranos founder's case granted her request for an evidentiary hearing into whether prosecutors engaged in misconduct involving a star witness whose testimony was crucial to getting her $4. He set aside October 17, the date previously reserved for Holmes' sentencing, for the hearing but said he doesn't expect it to take a full day.
Holmes had filed a motion last month requesting a new trial after Dr. Adam Rosendorff, Theranos' former lab director, $4 in August and said he was losing sleep over his testimony.
Holmes' partner, Billy Evans, recalled their interaction in an email to three of Holmes' attorneys, filed with the motion.
"He said when he was called as a witness he tried to answer the questions honestly but that the prosecutors tried to make everybody look bad (in the company)," Evans wrote of Rosendorff. "He said that the government made things sound worse than they were when he was up on the stand during his testimony."
Prosecutors' subsequent response to Holmes' motion, however, included a sworn declaration from Rosendorff saying he stood by his testimony but feels "compassion" for Holmes and Ramesh "Sunny" Balwani, her ex-boyfriend and Theranos' former president and COO who was $4.
"What the court wants to know is, 'Dr. Rosendorff, do you feel that the government manipulated you in their preparation or in any way in regards to their testimony, notwithstanding the outcome of the case?'" said Judge Edward Davila, who is presiding over the case, in the hearing on the matter on Monday. "Really what I want to know is, did you tell the truth?"
In Holmes' trial, Rosendorff testified he'd tried to postpone the launch of Theranos' machines for patient use because they gave inaccurate results, but Holmes went ahead with it anyway. He also said he was instructed to $4 and that $4.
The circumstances surrounding Holmes' motion for a new trial are unusual, as Davila noted in the Monday hearing.
"I will say I haven't seen a case where this has happened before," Judge Davila said. "The allegation is the possibility that the government may have engaged in misconduct...The court takes that seriously."
Davila noted the evidentiary hearing will be "limited."
"This is not going to be a fishing expedition," he said.
As for Holmes' sentencing if her verdict is upheld, Davila proposed several dates as options, which the prosecution and defense will discuss, spanning from November through January. Experts previously told Insider $4.