The jury in the trial of former Theranos CEO Elizabeth Holmes remains deadlocked on 3 out of eleven counts as deliberations stretch into the seventh day.
The jury returned a note to Judge Edward Davila on Monday informing him that they could not reach a unanimous verdict, according to multiple reports. Davila read the jury the conventional instructions for deadlocked juries, and instructed them to continue deliberating.
It’s unclear on exactly which counts the jury is unable to deliver a verdict, The New York Times reported. Holmes was charged with nine counts of wire fraud and two counts of conspiracy to commit fraud for allegedly misleading investors about the effectiveness of her biotechnology company Theranos’ blood-testing equipment.
Davila also informed the jury that if need be, they could return a partial verdict, CNN reported.
“The jury can render a verdict on counts they are unanimous on and then the government will determine whether to retry the case on the counts they are deadlocked on,” George Demos, adjunct law professor at the UC Davis School of Law, told CNN.
Holmes, whose trial began in late August, was indicted in 2018 for allegedly misrepresenting her blood testing technology that marketed itself as a means of testing for hundreds of diseases and conditions through a single drop of blood. Instead, many of the blood tests were performed using conventional lab technology, according to an investigation by The Wall Street Journal.
The trial has centered on whether Holmes knew her blood-testing technology didn’t work and whether she intended to deceive investors.
The trial of Holmes’ former lover and business partner Sunny Balwani, also indicted on similar fraud charges, is set to begin in January.
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