Although the eight jurors and four women were expected to continue their deliberations on Thursday morning (a court filing revealed that they would be taking a break until Monday), they did not leave. The decision to suspend deliberations was made without explanation. The jury was already scheduled to be absent Friday, a federal holiday.
This latest round of discussions took place against the backdrop of intrigue created by Holmes’ lawyers and the judge who presided over the case.
According to court filings late Tuesday night, Edward Davila, U.S. District Judge, held the “in camera hearing” Tuesday morning. He was joined by two Holmes lawyers, Lance Wade and Kevin Downey, as well as two of the prosecutors Jeffrey Schenk, and Robert Leach. Holmes was absent from the hearing lasting 23 minutes.
The transcript of the hearing has been sealed. This leaves out details about what was discussed. It is not uncommon for plea agreements to be discussed while a jury considers the charges. This is especially true when it takes longer to reach a verdict. It was possible that Thursday’s surprise decision to leave may have been the focal point.
Holmes, 37, faces 11 criminal charges. She is accused of claiming that her blood-testing technology was a medical breakthrough, but it was full of wild errors. Holmes could spend up to 20 years prison if she is convicted.
After absorbing the evidence during a three-month trial that captured Silicon Valley, eight men and four ladies were selected to be on the jury. They now meet in San Jose, California federal courthouse.
Two notes were sent by the jury to Judge Davila last week. One was a quick rejected request to send their instructions home for further study. The other allowed them to replay a 2013 recording in which Holmes discussed Theranos’ dealings and potential investors.
The jurors did not provide any indication of the progress they made in this week’s deliberations.
This case attracted international attention. The story centers on Holmes’ rise and fall. Holmes started Theranos at 19 years old after dropping out of college. She then used her fundraising skills and bold claims to break the male-dominated Silicon Valley culture. She was accused of being more of a charlatan and less of an entrepreneur before she became a billionaire.
