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Elizabeth Holmes said she was a Theranos decision maker in the 2017 deposit

If Elizabeth Holmes testified in her own criminal trial, videotape testimony recording could be a clue as to how she would work on the stand.

Twelve days after she was charged with fraud, Theranos CEO and founder Holmes sat in a stalemate for nearly four hours, answering few questions. However, in a deposition that was part of the proceedings and the company’s investigation by the SEC, Holmes said she was the ultimate decision maker for Theranos, a theme she is trying to downplay in criminal trials. ..

The June 27, 2018 videotape testimony acquisition obtained by CNBC was related to a late investor suit against Holmes, her blood testing company Theranos, and company president Ramesh “Sunny” Balwani. ..

“I’m going to follow the lawyer’s instructions,” Holmes reiterated to Reed Katline, a lawyer representing the investor who sued Theranos in Berkeley, California.

“She was one of the gentlest witnesses I’ve ever experienced,” Casline told CNBC in an interview earlier this week. “Of course she didn’t answer any questions, but I’ve never seen anyone calm down, stable, and eye contact all the time, even while I’m making pretty harsh criticisms. , She never made sense of anger. “

The investor proceedings have been settled. The terms were kept secret, but Casline said his client had repaid the money they had invested.

In the deposit, Holmes didn’t even admit that she was her when she appeared on CNBC’s “Mad Money” in October 2015.

When prosecutors end their proceedings in the next few weeks, the looming question is whether Holmes will take her own defense position.

Her lawyer signaled that she would blame her ex-boyfriend and CEO Barwani for controlling and manipulating her. Unsealed court filings allege Holmes accused Balwani of sexually and emotionally abusing her, undermining her judgment in Theranos.

Balwani denied the claim.

“Mr. Holmes is likely to believe, trust, and testify to why she postponed Mr. Balwani,” Holmes’ lawyer wrote in an unsealed February legal document.

Taking a stand may help humanize Holmes, who sits upright with a notebook in front of her and is sometimes seen whispering to her lawyer in court.

She sometimes glances at the jury on her left side, often looking back at her mother, Noel Holmes, and sometimes some friends sitting on the bench behind her. The face mask that Holmes needs to wear in court hides her emotional public.However, witnessing in her own defense can be a great risk.“Most white-collar defendants take no position,” said NBC News legal analyst Danny Sevalos. “That’s because most people have at least some credibility issues. Good defendant lawyers know that when a client takes a position and loses credibility, the case is lost. . “Sometimes the best defense is simply deflection.“It’s not difficult for Elizabeth Holmes to use government evidence to blame Sunny Balwani,” Sevalos said. “After all, the government has also charged Sunny. Therefore, Elizabeth’s judo move uses evidence directed at Sunny herself to say that Sunny is essentially the only criminal here. Is. “Cevallos warned that the jury would want to hear Holmes at the end of the […]

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