A national news reporter responsible for a number of Theranos revelations accused Elizabeth Holmes of attempting to exclude him from her trial to stop his coverage, according to a motion filed in the court on Friday. </ Former Wall Street Journal reporter John Carreyrou wrote dozens of articles on Theranos as of October 2015, sparking a federal investigation that eventually led to Holmes being brought before the US District Court in San Jose on a dozen capital fraud charges was brought to justice. Carreyrou is now releasing a podcast called "Bad Blood," which has the same name as its bestseller on Holmes 'failed Palo Alto blood testing startup.
Carreyrou is the only journalist named on Holmes’ witness list, according to Carreyrou’s motion – which contains several edited names. Without the judge’s permission, Carreyrou may not be able to appear to testify in court or publicly discuss his testimony, including on his podcast, his motion said Friday. However, Carreyrou suggested that he was put on the witness list because of Holmes’ « animus » and the desire to remove him from the trial because the defense attorneys did not call him as a witness.
« To put Carreyrou on the witness list , was done with bad faith and intended to harass him, « the motion claimed, calling its placement on the list » a cynical ruse « in violation of the First Amendment.
His motion cited one as evidence of Holmes’ grudge against Carreyrou “(Expletive) you, Carreyrou” chant led by Holmes at a company meeting. The Holmes legal team called the chant “nothing remarkable” and won a pre-trial battle to keep the jury from hearing about it.
Holmes, a Stanford University dropout who founded the now-defunct startup in 2003 and headed it as CEO until shortly before the collapse in 2018, is charged with dozens of cases of fraud. The federal government claims she and former company president Sunny Balwani have cheated investors out of hundreds of millions of dollars, misleading patients and doctors with false claims that the company’s machines run a whole range of tests with just a few drops of blood could. Holmes and Balwani have denied the allegations.
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Carreyrou’s motion also cites text messages introduced in the case between Holmes and Balwani, in which the two discuss undermining Carreyrou’s reporting. « Holmes later made statements to their board of directors attacking Carreyrou and saying he was in a ‘jihad’, » the motion reads.
Holmes faces a maximum sentence of 20 years in prison if convicted and a $ 2.75 million fine and possible refund, the Justice Department said. Your process is expected to take around three months.
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