Jurors will be able to hear limited evidence of Theranos Inc. founder Elizabeth Holmes’s wealth, and from customers who said they got faulty blood-test results, a judge concluded in a weekend order that will help shape her criminal fraud trial.
Ms. Holmes faces multiple counts of mail fraud for allegedly deceiving investors, patients and doctors about Theranos’s blood-testing technology, which purported to test for a range of health conditions from a few drops of blood extracted from a finger prick. Ms. Holmes has pleaded not guilty and faces an August trial, after several delays due to the coronavirus pandemic and news that she is due to give birth in July.
U.S. District Judge Edward Davila in San Jose, Calif., issued a 100-page ruling Saturday night in response to more than 20 motions and three days of hearings over what evidence could be presented at trial.
Judge Davila ruled that the jury could hear testimony from patients and doctors who used Theranos tests and said they got inaccurate results. Ms. Holmes’s lawyers had argued such testimony would amount to using anecdotes to build the government’s fraud case, since the 11 patients identified weren’t a statistically significant sample from the millions of tests Theranos conducted.
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