A federal judge has denied Theranos founder Elizabeth Holmes’ request for a new trial after a key witness reiterated in court last month that he stands by his testimony from her trial and denied claims that prosecutors misled her. U.S. District Judge Edward Davila, who oversaw the trial that ended with Holmes’ conviction earlier this year, issued the ruling late Monday. Former Theranos founder and CEO Elizabeth Holmes arrives at the Robert F. Peckham U.S. Federal Courthouse on June 28, 2019, in San Jose, California. (Photo by Justin Sullivan/Getty Images) (Justin Sullivan/Getty Images / Getty Images) Holmes, 38, was found guilty in January of one count of conspiracy and three counts of fraud after a jury found she criminally defrauded investors by falsely claiming her company’s blood-testing technology could diagnose diseases with just a few drops of blood. He was initially charged with 11 charges and the court was unable to reach a verdict on three of them. ELIZABETH HOLMES THERANOS CASE: PROJECTS THAT SHED LIGHT ON THE SILICON VALLEY DECEIT Holmes’ lawyers asked for a new trial last month after former Theranos lab director and key government witness Dr. Adam Rosendorff showed up at Holmes’ house and spoke with her partner, Billy Evans. The defense claims Rosendorff expressed regret for testifying at the trial and reportedly said “the government made things sound worse than they were.” Former Theranos CEO Elizabeth Holmes (C) arrives in federal court with her father Christian Holmes (L) and partner Billy Evans (R) on October 17, 2022, in San Jose, California. (Photo by Justin Sullivan/Getty Images) (Photo by Justin Sullivan/Getty Images / Getty Images) Rosendorff then issued an affidavit in court saying he stood by his testimony, Legal experts previously told FOX Business that Holmes’ allegations do not warrant a new trial, but that the allegations of prosecutorial misconduct are serious and the judge likely wanted to be sure the verdict would hold up on appeal. THERANOS FOUNDER ELIZABETH HOLMES: INSIDE HER WEIRD LIFESTYLE So Rosendorff returned to the witness stand for an evidentiary hearing last month, where he reinforced in court that he stands by his earlier testimony and denied being influenced by prosecutors. Davila noted in his ruling Monday that during the evidentiary hearing, Rosendorff testified “on at least three occasions” that he “did not believe the government made things sound worse than they were at trial.” Former Theranos lab director Adam Rosendorff (R) arrives in federal court on Oct. 17, 2022, in San Jose, California. (Photo by Justin Sullivan/Getty Images) (Photo by Justin Sullivan/Getty Images / Getty Images) The judge also denied Holmes’ motion seeking a new trial because of statements prosecutors made during the trial of co-defendant Ramesh “Sunny” Balwani, accusing Balwani of improperly influencing Holmes. Davila said it was unlikely those allegations would lead to an exoneration of Holmes because Holmes herself “had testified that Balwani did not force her to make any of the statements to investors or reporters.” Sunny Balwani, former chairman of Theranos Inc., arrives in federal court in San Jose, California, on June 29, 2022. (Photo: David Paul Morris/Bloomberg via Getty Images) (Photo: David Paul Morris/Bloomberg via Getty Images / Getty Images) Balwani, a co-conspirator and former friend of Holmes who was convicted of all 12 counts of fraud against him, also requested a new trial citing Rosendorff’s alleged remorse. Davila previously denied Balwani’s request and his sentencing is set for next month. GET THE FOX BUSINESS ON THE GO BY CLICKING HERE Holmes’ sentencing date is now scheduled for November 18. He faces up to 20 years in prison. The Associated Press contributed to this report.
