The high-risk, high-reward strategy may be Theranos founder Elizabeth Holmes’ best bet due to a defense strategy that hinges on her ability to convince jurors that she, too, is a victim here, Katie S. Phang writes.
An original list of 240 potential jurors completed a 28-page questionnaire to determine, preliminarily, if they were suitable to serve in Holmes' trial. The questionnaire asked pointed questions about their exposure to media coverage, news and other information sources regarding topics like Holmes and Theranos.
Federal prosecutors advised that Holmes knew that she was committing fraud when she misrepresented the technological capabilities of Therano’s blood testing systems. Prosecutors also argued that Holmes knew that there were inaccuracies in the Theranos blood tests and that these inaccurate results had devastating, real-life consequences for the patients who received them. Two examples given by the assistant U.S. attorney were one patient who was told that he had prostate cancer, but later found out that he did not, and a woman who was mistakenly told that she had had a miscarriage.
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