Theranos founder Elizabeth Holmes reportedly won't be testifying in the fraud trial of her ex-boyfriend and former business partner, Ramesh 'Sunny' Balwani

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Theranos founder Elizabeth Holmes reportedly won't be testifying in the fraud trial of her ex-boyfriend and former business partner, Ramesh 'Sunny' Balwani
Yichuan Cao/NurPhoto via Getty Images (Holmes). Justin Sullivan/Getty Images (Balwani).
  • Theranos founder Elizabeth Holmes won't be called as a witness in the trial of Ramesh "Sunny" Balwani, her ex-boyfriend and former business partner.
  • Balwani has been on trial for charges of fraud and conspiracy, the same Holmes faced, since March.
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Elizabeth Holmes won't testify in the trial of her ex-boyfriend and former business partner at Theranos.

Ramesh "Sunny" Balwani has been on trial since March on 9 counts of wire fraud and 2 counts of conspiracy to commit wire fraud from his time as Theranos' COO and Holmes' right-hand man at the blood-testing startup. Holmes faced the same charges in her own months-long fraud trial. In January, she was convicted on three counts of wire fraud and one count of conspiracy.

Since Balwani's trial began, legal experts and curious onlookers alike have wondered whether Holmes might testify against Balwani in exchange for some leniency in her sentencing, although it's not known whether she was offered that opportunity.

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They got their answer today, when the prosecution confirmed in an evidentiary hearing that Holmes would not in fact be called as a witness in Balwani's trial, according to Law360 senior reporter Dorothy Atkins, who has been covering the case.

"Prosecutor Robert Leach just mentioned that Elizabeth Holmes 'will not be testifying in this case,'" Atkins tweeted Monday.

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Holmes is scheduled to be sentenced in September. She faces up to 20 years in prison, a $250,000 fine, and the requirement to pay victims restitution for each count on which she was convicted.

New information came to light about Holmes' and Balwani's secret romantic relationship at Theranos during Holmes' trial. Prosecutors released texts between them that showed both loving messages and tense exchanges. When Holmes took the stand in her trial, she testified that Balwani abused and sexually assaulted her. Balwani's attorneys have denied the allegations.

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