Saturday, November 13, 2021

Saturday Tangents: Holmes / Theranos Trial -- Chances Of Acquittal Are Fading, Day By Day; Renewed Defense Motions...


Earlier in this eleven-count felony frauds trial, the able Judge Davila had ruled that these little "happy-talk" squibs were inadmissable -- at least, for the purported substantive truth of what they contain/assert -- since, as the government correctly pointed out, none of them address in a non-hearsay way, the technical aspects of whether. . . Edison worked, at all. Thus, they are simply not relevant on that front. [One of many backgrounders at my other property, on this.]

Last night, Team Holmes renewed their attempt to get them in, in some fashion -- this time arguing that while they may not be truthful as to Edison's actual capabilities, they do show what Ms. Holmes was "being told" -- as to how positive a small handful of the Walgreens test-customers were -- about their experiences. Thus (they say), one might infer that Holmes believed "all was well" -- and thus that would negate her specific intent to defraud investors and the FDA / CMS.

Uh-huh. Well. . . Condor thinks this is a clear hint that Team Holmes well-knows her chance of avoiding a prison stay are. . . fading away, with the government set to wrap up, by mid-next week certainly.

Afterall, the various executives of Walgreens, from the time in question (ones who were actually steering the financing / scientific tech relationships with Holmes, Sunny and Theranos), have already sworn to the jury that they personally told Holmes on numerous occassions, how poorly the partnership was going, and how unreliable the Edison was, and wrote memos about all the trashy "results" they were seeing from it in actual weekly reports (ones that should have been -- by law and by applicable rule -- immediately forwarded to CMS / FDA by Theranos, but weren't... for over a year).

So, it would seem that Judge Davila ought to let the customer texts come in (to further limit Holmes' grounds for any future appeal after a conviction), and allow the government to remind the jury -- on cross and summation -- what "the decision-making people in the room" at Wags were actually concerned about, and conveyed to Holmes. The texts just. won't. matter. That seems clear now.

Now you know -- onward grinning -- with wet but sporatic snow-squalls still falling here. . . indeed.

नमस्ते

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