The fraud trial of Elizabeth Holmes, the disgraced founder of blood-testing startup Theranos, was delayed — again — Friday while a juror who said he had a COVID-19 scare gets tested for the virus.
In an impromptu Zoom hearing late Thursday, US District Court Judge Edward Davila told trial attorneys that juror #9 said he may have been exposed to COVID-19 over Labor Day weekend, though he didn’t have any symptoms.
"It’s a little, I don’t want to say ominous, but it’s of concern that before we finish the first witness we have an issue," Davila said. "For our sake, around the county there are still high numbers and we hope everybody continues to be safe."
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Prosecutors said they plan to call a lengthy list of witnesses over the next few months, so one day won’t make a difference.
But, US Assistant Attorney Jeff Schenk noted to the judge, the juror in question is vaccinated against COVID-19.
"I think at the stage we’re in it would be safe to proceed with trial tomorrow but I understand that the court might determine especially in the beginning to be a little bit safer, to be extra careful," Schenk said.
The trial is expected to resume on Tuesday, according to the US District Court for the Northern District of California.
It’s the third time the trial, one of the most widely watched corporate fraud trials in years, has been delayed, with the first two setbacks caused by pandemic restrictions and then Holmes’ pregnancy.
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The trial finally began on Wednesday with opening statements in which prosecutors made their case to the jury that Holmes lied and cheated her way to fortune and fame as she duped investors and patients alike.
Holmes’ defense team countered by painting a more sympathetic picture of the former CEO, saying that she’s no villain but rather a hard-working businesswoman whose company failed.
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