A federal choose has denied Elizabeth Holmes’ request for a brand new trial, clearing the best way for the disgraced founding father of blood-testing startup Theranos to be sentenced later this month.

Attorneys for Holmes requested a brand new trial in September, claiming {that a} key witness for the prosecution got here to her and expressed regrets about his testimony. In addition they cited “newly found” proof within the authorities’s closing arguments within the trial of former Theranos President and Holmes’ former romantic accomplice Ramesh “Sunny” Balwani. In addition they claimed authorities misconduct.

Holmes’ attorneys argued that former Theranos lab director Adam Rosendorff got here to Holmes’ home unannounced on Aug. eight and mentioned he felt “responsible” for the position he performed in Holmes’ conviction. Based on the movement, Rosendorff did not communicate with Holmes however instructed her accomplice Billy Evans, who answered the door, that he felt his statements on the stand have been twisted and exaggerated by prosecutors. Shortly afterward, Evans recounted the trade in an e-mail to Holmes’ attorneys.

In addition they described as new proof statements prosecutors made in closing arguments at Balwani’s trial that he had “lots of affect over [Defendant] of their relationship.” Balwani was convicted of fraud in July in a separate trial. 

In a ruling issued late Monday, US District Decide Edward Davila denied all Holmes’ motions for a brand new trial, concluding that the brand new proof did not meet the authorized normal for ordering a brand new trial. “The courtroom finds that the statements Dr. Rosendorff made to Mr. Evans don’t stand for any of the proposed meanings that Defendant would need and, even when they did, they’d not be materials to the problems at trial,” Davila wrote in his order.

“Accordingly, a brand new trial isn’t warranted primarily based on the ‘newly found’ proof of Dr. Rosendorff’s statements to Mr. Evans,” Davila wrote.

Holmes initially confronted 12 counts of fraud and conspiracy. She was convicted in January on four of the charges related to lying to investors about Theranos’ expertise, which she claimed would revolutionize the blood-testing business. 

Holmes, 38, is scheduled to be sentenced on Nov. 18. She faces as much as 80 years in jail.

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