More delays in case against Theranos' Elizabeth Holmes

David Louie Image
ByDavid Louie KGO logo
Tuesday, April 23, 2019
More delays in case against Theranos' Elizabeth Holmes
About a dozen attorneys stood before Judge Edward Davila, representing the prosecution, the defense and the Securities & Exchange Commission.

SAN JOSE, Calif. (KGO) -- While prosecutors wanted to set a trial date, defense attorneys for former Theranos CEO Elizabeth Holmes were able to convince a judge Monday to delay while additional documents are reviewed.

Holmes arrived at the federal courthouse in San Jose about 20 minutes ahead of the hearing, offering no comments, surrounded by her attorneys.

RELATED: Theranos founder Elizabeth Holmes, former president indicted on wire fraud charges

About a dozen attorneys stood before Judge Edward Davila, representing the prosecution, the defense and the Securities & Exchange Commission. While prosecutors wanted a tentative trial date to be set, attorneys for Holmes and former Theranos president Ramesh Sunny Bulwani said they needed more time to review millions of pages of documents.

Defense attorneys also said they were having difficulty lining up billionaire witnesses for depositions-- an apparent reference to investors who had pumped an estimated $700 million into the blood-testing company.

An estimated 20 million pages of documents are involved in this case, and the number could grow because the judge Monday extended the period for the introduction of new evidence. A ream of paper is 500 sheets-- 20 million sheets is the equivalent of about 2,400 trees. In the digital era, hopefully most of those documents are electronic.

Prosecutors also told the court they recently obtained a hard drive containing four terrabytes of videos promoting Theranos, which need to be reviewed. So all parties will return to court on July 1 to see if an agreement can be reached for a trial date. There was speculation the trial may not happen until next year.

RELATED: When Theranos' remarkable blood-test claims began to unravel

The government also is seeking additional documents from two federal agencies, the Securities & Exchange Commission and the Centers for Medicare and Medicaid Services.

Holmes and Balwani are facing 11 criminal counts of wire fraud and conspiracy to commit wire fraud. Holmes and her attorneys were silent as they left the courthouse, ignoring questions. They are due back in court on June 10th for procedural matters.