The prosecution concluded its case with Testimony from Roger Barloff, the journalist who wrote a magazine cover story about Mrs. Holmes, which helped bring her to the acclaim. Mr. Barloff’s article was sent to various investors as part of Mrs. Holmes’ presentation.
However, some of the most prominent witnesses on the prosecution’s list were absent from the courtroom. Ms. Holmes’ rise was aided by her association with business titans such as media mogul Rupert Murdoch, high-ranking statesmen such as Henry Kissinger and Admiral Gary Rugged, and attorney David Boyce. Theranos was cut down, in part, by whistleblowers such as Tyler Schultz, the grandson of George Schultz, a former Secretary of State who was a member of Theranos’ board of directors. None of them testified.
Also absent was Mr. Balwani, who has been charged with fraud alongside Ms Holmes and will face trial next year. His role as a fiery defender of Theranos who chased after anyone who questioned the company was the back of a lot of testimonials.
At nearly every turn, Ms. Holmes’ lawyers sought to limit testimonies and evidence. They have attacked investors’ credibility, using legal disclaimers to show that investors know they are gambling on a startup. Lawyers also created loopholes in the limited due diligence of investors over Theranos’ allegations. At one point, they directed Erica Cheung, the lead detective who worked at Theranos lab, to read the entire organizational chart of the people working in the lab to show that she played a small role in the overall process.
The defense successfully argued that one fraud charge against Ms. Holmes was dropped. A patient who received a suspicious test from Theranos was barred from testifying earlier this month.
Ms. Holmes’ lawyers will likely attempt to shed light on her relationship with Mr. Balwani. The two dated in secret. In the court filing, Ms Holmes alleged that he was emotionally abusive and controlling. Mr. Balwani’s lawyers denied the allegations.