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Elizabeth Holmes trial juror says tech exec’s abuse claims amounted to ‘sympathy ploy’

Holmes was found guilty on three charges and acquitted on four others

Graig Graziosi
Friday 07 January 2022 20:42 GMT
Elizabeth Holmes Convicted Of Fraud Over ‘Blood-testing’ Start-up Theranos Original Video M206123 (1)

Elizabeth Holmes, the former CEO of doomed tech company Theranos, testified that her ex-business partner abused her, hoping her story would sway the opinion of the jury at her fraud trial. Her hopes were misplaced.

Holmes was eventually convicted on three counts of wire fraud and one count of conspiracy to defraud investors. She managed to evade convictions on four other charges.

One of the jurors involved in the case, Susanna Stefanek, told The Wall Street Journal that she and the other jurors believed Ms Holmes but did not believe her claims were relevant to the case.

"There was a certain amount of cynicism that it was a sympathy ploy," Ms Stefanek told the publication.

Despite the cynicism, other jurors have confirmed that the deciding factor in their ruling were the details of the fraud allegations, not Holmes' personal interactions with her former business partner.

Wayne Kaatz, who served as juror number six, spoke with ABC News about his experience serving on the trial. During his interview he said he found it difficult to convict Holmes because of her "positive dream”.

"It's tough to convict somebody, especially somebody so likable, with such a positive dream," he said. "[We] respected Elizabeth's belief in her technology, in her dream. [We thought], 'She still believes in it, and we still believe she believes in it.'"

He said that ultimately the convictions came from the fact that Holmes was the CEO and "owned everything" – including the responsibility for the misinformation given to investors.

"Everything went through her," he said. "She had final approval."

According to Mr Kaatz, the jurors rated the credibility of the witnesses who testified in the case on a scale between one and four, with four being most credible and one being least.

As suggested by Ms Stefanek, Holmes' testimony was scored a two.

The jury ultimately decided to acquit Holmes on four counts because she was "one step removed" from the alleged victims. The jury determined that those individuals were not defrauded directly by Holmes.

The jurors deliberated for more than 50 hours over the course of seven days, which included Christmas and New Years.

Each of Holmes' wire fraud charges carries a maximum sentence of 20 years in prison, and her conspiracy count carries a maximum of five years. Legal experts commenting on the case have said it is unlikely Holmes will receive anywhere near the maximum sentences.

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