Among the topics Holmes’s lawyers cited in a court filing Wednesday were the company’s lab operations, its financial modeling and its commercial roll-out with Walgreens, which ultimately failed two years before Theranos collapsed in 2018.
Holmes’s attorneys asked U.S. District Judge
Holmes’s trial is in its 11th week. She has testified for parts of three days and is scheduled to return to the witness stand Monday.
She and Balwani face the same charges that they defrauded investors and patients by lying about the capability of Theranos machines, but he is scheduled for a separate trial next year. Both have pleaded not guilty.
Wednesday’s filing doesn’t make explicit claims that Balwani was responsible for mismanagement at the startup. But Holmes in her testimony has already sought to deflect some of the government’s allegations about illegal conduct at Theranos by explaining that as chief executive officer, she acted on information that came from her employees.
Holmes told the jury Tuesday that Balwani’s financial modeling produced discrepancies in revenue projections in 2014 and 2015, which is when the Walgreens relationship was faltering.
“You’ll learn that trusting and relying on Mr. Balwani as her primary adviser was one of her mistakes,” he said.
The case is U.S. v. Holmes, 18-cr-00258, U.S. District Court, Northern District of California (San Jose).
(Updates with Tuesday testimony in seventh paragraph)
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