Elizabeth Holmes Trial: Any Reasonable Doubt?

Maybe.

Today begins closing arguments in the USA v. Elizabeth Holmes felony wire fraud and conspiracy trial in San Jose California after 14 weeks of testimony and 32 witnesses! We will see how each side argues their case, the law and the evidence. The government makes their closing argument first as it has the burden of proof, followed by the defense and a rebuttal argument, if any, by the government.

Then, jury deliberations begin and it’s up to the jury to decide…

Is it a failed startup, as asserted by the defense? Or, lies, cheating and fraud by Elizabeth Holmes, as asserted by the government?

This is a criminal case so all 12 jurors have to find Holmes guilty to convict of one or more of the 11 wire fraud counts, otherwise, it’s a hung jury or an acquittal. It only takes one juror for Holmes to avoid conviction.

How does the defense or any defendant avoid conviction?

Reasonable Doubt.

Another words, if a juror or jurors are not “firmly convinced” of Holmes guilt, as stated in the jury instructions, they are (and will be) instructed to find Holmes not guilty. It is not beyond all possible doubt.

For example, there may be reasonable doubt as to the investor wire fraud counts. Why? Well, five of the six investors testified that their decision to invest in Theranos was not solely based on the alleged misrepresentations made by Holmes. Some investors testified that they also relied upon advice from personal advisors, other investors and the Fortune magazine article by Roger Parloff. Or, the HIV false positive test supporting one of the patient wire fraud counts, may be argued, it wasn’t really positive, so no foul and no fraud.

Potential reasonable doubt?

Simply my opinion, what say you?



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