Elizabeth Holmes, founder and former CEO of Theranos, arrives for movement listening to on Monday, Nov. 4, 2019, on the U.S. District Court House inside Robert F. Peckham Federal Building in San Jose, California.
Yichuan Cao | NurPhoto | Getty Images
The thriller of what occurred to vital evidence proving Theranos’ blood-testing expertise did not work deepened when Elizabeth Holmes blamed the federal government for what she calls an “investigative failure.”
In a submitting late Tuesday, attorneys for Holmes shot again at prosecutors on a movement to exclude evidence of so-called check outcomes, saying they’re at fault for dropping a database known as the Laboratory Information System (LIS), which contained three years price of accuracy and failure charges of Theranos checks.
“Rather than accept responsibility for that investigative failure, and the resulting evidentiary holes in its case, the government has chosen a different path,” Holmes’ attorneys write, including “the government has insinuated that the loss of the LIS data reflects on Ms. Holmes’ supposed guilt even though she had nothing to do with it.”
“The reason the government lacks this evidence is because the prosecutors sat on their hands for years before attempting to acquire it, and then sat on their hands again after acquiring it. They are entirely to blame,” attorneys for Holmes write.
“The reason that the government has built its case on this teetering card house of irrelevant evidence is that it lost—or, worse, did not want to analyze preindictment—the actual evidence of testing results in this case,” Holmes’ attorneys argued.
However, prosecutors allege that Theranos executives destroyed the LIS system that proved her blood-testing product was inaccurate.
In a submitting final month, the federal government stated that three months after a federal grand jury issued a subpoena for a replica of the database in August 2018, “the LIS was destroyed.” They wrote that “the government has never been provided with the complete records contained in the LIS, nor been given the tools, which were available within the database, to search for such critical evidence as all Theranos blood tests with validation errors. The data disappeared”
Prosecutors say that the failure price in a type of checks was 51.3%, including Theranos check outcomes “were so inaccurate, it was essentially a coin toss whether the patient was getting the right result. The data was devastating.” They wish to name on 11 sufferers and 11 docs to testify concerning the accuracy and reliability issues.
Holmes says there’s a certain quantity of anticipated error in all laboratory checks, “just as the fact of a heart attack does not prove what caused the heart attack, the fact of an incorrect blood test does not prove what caused the error.”
Prosecutors level to inner emails which they are saying proves that Theranos and its counsel tried to cover-up the check outcomes in the database from the grand jury. Theranos supplied backup copies of the database for investigators to piece collectively. However, prosecutors allege the backup required a password that Theranos executives could not bear in mind.
Theranos was as soon as a Silicon Valley darling, attracting the who’s who of enterprise capitalists and a personal valuation of $9 billion earlier than shutting down in 2018.
Holmes and her co-defendant Ramesh “Sunny” Balwani every face a dozen prison wire fraud costs in reference to deceiving traders, sufferers and docs about Theranos’ expertise.
Holmes will go face to face with prosecutors subsequent month over evidence she argues should not be launched to a jury that can determine her destiny.
The decide’s rulings will set the stage for her a lot awaited trial, scheduled to start in July.