Elizabeth Holmes leaves the courthouse accompanied by her partner, Billy Evans, and her parents after the jury requested a note on day 7 of jury deliberation in her fraud trial in San Jose, California, January 3, 2022.
Nick Otto | AFP | Getty Images
SAN JOSE, Calif. — Hours after Judge Edward Davila ordered jurors in Elizabeth Holmes’ criminal trial to keep deliberating, they remain deadlocked on three of the 11 criminal fraud charges facing the Theranos founder.
Davila was informed of a second jury note at around 2:40 p.m. PT on Monday, about three hours after he gave jurors a so-called Allen charge, an instruction that they try harder to come to a unanimous agreement.
With the jurors still not reaching a consensus on those three counts, Davila sent them back to produce a verdict on the eight other counts, if they’re ready.
Deliberations have spanned more than 50 hours over seven days. The jury was handed the case on Dec. 17, following a three-month trial that featured 32 witnesses, mostly called by the prosecution. Holmes, 37, was the primary witness in her defense.
Holmes returned to the San Jose, California, courthouse for a second time on Monday, along with her parents and her partner, Billy Evans. Some of Holmes’ friends were also present.
Her initial appearance in the morning marked Holmes’ first time in the courtroom since Dec. 23, when the jury last indicated it had a note for Davila. Holmes is staying at a hotel across the street and only shows up in the courtroom now when a notice is posted for the judge.
It’s the third time and fourth times that jurors have produced a note for Davila. The first was on Dec. 21, when they asked if they could take instructions home for review. Davila declined the request, and said all deliberations must take place on-site. Two days later, they asked to listen to audio that they’d previously heard during the trial of Holmes and her conversations with some investors in the failed blood-testing company.
Earlier on Monday, Davila read jury instruction No. 2 to the jurors. The instruction reminded them that Holmes is innocent until proven guilty and that the burden of proof is on the government.
Jurors last convened on Wednesday and, after failing to reach a verdict, took the rest of the week off for the New Year’s holiday.
Holmes, who is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud, faces up to 20 years in prison if convicted. She has pleaded not guilty.