And… Dow Jones… Replies, As To At Least The Names Of All Documents Already On File…

To be fair, I didn’t realize that even the captions of the documents Elizabeth Holmes filed still remain sealed.

That won’t do. Dow Jones is right.

For certain, now that her trial is over — all those titles (at least) ought to be made part of the public record. The presumption here is grounded in the First Amendment’s free press clause — and that’s a very strong one, indeed.

“…[N]o public Court order — whether in writing or issued orally from the bench — has set forth the findings required by the First Amendment prior to the closure of a judicial proceeding. See, e.g., Oregonian Publ’g Co. v. U.S. Dist. Ct., 920 F.2d 1462 (9th Cir. 1990). Nor has any party articulated any governmental interest “of the highest order” that necessitates the continued sealing of those transcripts or demonstrated that no “less restrictive alternative means….”

See, e.g., Phoenix Newspapers, Inc v. U.S. Dist. Ct., 156 F.3d at 947, 951 (9th Cir. 1998) (reversing District Court’s blanket sealing of hearing transcript because “[e]ven where denial of access is appropriate, it must be no greater than necessary to protect the interest justifying it” and “redaction would have safeguarded the jurors’ anonymity”)….”

That is all.

Sonny’s Trial: Government Evidence All Coming In, Just As In Ms. Holmes’… Will Be Same Outcome.

As we said, we do not intend to cover the day to day in this long-delayed felonies companion trial, to Ms. Holmes’ main event late last year.

But we will show this one trial summary day log, from the able Judge Davilla’s staff — to indicate that essentially all the same items are being admitted in the government’s case in chief — and the outcome (Condor confidently predicts)… will be the same.

He is going to jail — and for quite a long stretch, too.

That’s all — now we await the formal appeal papers — to be filed by Ms. Holmes’ team (we expect).

Onward — smiling, like the Cheshire Cat of old — smiling at Memphis, now….

We Won’t See Any More Detail On Ms. Holmes’ Court-Ordered (Or Privately Retained) Mental Health Examinations

Just a bit of clean up, here. After trial and conviction, Dow Jones moved to unseal the portions of her defense papers that remained sealed, as to her claims of “a mental disease or defect bearing on guilt or innocence“.

These are magic words in the law, as she ended up testifying about herself — and NOT relying on any doctors’ expert opinions of her mental state.

As such, the federal rules allow her to keep the doctors’ papers… private. So, we are done — in terms of reading more about this issue. In fact, Sonny’s team has indicated it is “highly unlikely” that they will make her mental conditions an issue in defense — in his ongoing trial. So, this is likely the end of the line, here. The able Judge Davilla will likely adopt this reasoning, in denying Dow Jones’ renewed motion:

…As Dow Jones concedes, Ms. Holmes did not ultimately present expert testimony subject to Rule 12.2. Dkt. 1353-1 at 2. Rather, Dow Jones points to Ms. Holmes’ fact testimony as a way to unseal information related to Rule 12.2. Id. This argument is unpersuasive. Ms. Holmes’ fact testimony responded to the government’s case-in-chief, specifically to the numerous witnesses who testified (in response to government questioning) about their perception of the nature of the dynamic between Ms. Holmes and Mr. Balwani. See, e.g., Trial Tr. 4057-58 (Edlin); 2979 (Burd); 1957-58 (Rosendorff). Ms. Holmes did not opine as to a mental condition bearing on guilt or otherwise invoke Rule 12.2, which this Court has held is required before the unsealing of the pleadings….

Dow Jones’ argument that Ms. Holmes’s fact testimony waived her interest in keeping this information under seal is belied by the Advisory Committee Notes to Rule 12.2, which state that “cases have indicated that the defendant waives the privilege if the defendant introduces expert testimony on his or her mental condition.” Fed. R. Crim. P. 12.2 advisory committee’s note. There was no expert testimony and therefore no such waiver in this case. Dow Jones has a minimal First Amendment interest, at best, in filings that relate to expert testimony that was not presented at Ms. Holmes’ trial and that reference compelled statements by Ms. Holmes that contain highly sensitive and private information about Ms. Holmes’ relationship with Mr. Balwani.

This is particularly so because Dow Jones has access to what Ms. Holmes did use in her public trial—the documents and testimony she introduced into evidence, as well as the government’s cross-examination of that testimony….
Now you know — and on this point at least, Ms. Holmes is correct: she retains a strong privacy interest in her doctor’s treating papers, of any stripe.

Onward, with a grin….

“Sunny” Sells Home For DOUBLE What He Paid Elizabeth, For Her Part Just Four Years Ago…

To be clear, no part of these cash sale proceeds from January went to Ms. Holmes. Mr. Balwani had already paid her over $7.9 million for her share when all the trouble really broke loose.

So this latest nearly $16 million is likely going to pay Sunny’s lawyers, as his trial opens in earnest this week — with a jury picked.

Here’s how the Gotham rags dish on it all (it is a lovely property to be certain, per the edited listing shots at right):

…The house in the upscale Silicon Valley enclave of Atherton, Calif. was sold by Balwani this past January for $15.9 million — double what he paid to buy out Holmes’ part-ownership of the property four years prior, according to The Information.

The 6,800-square-foot home at 227 Park Lane is a one-acre property that boasts five bedrooms, seven bathrooms, a stone courtyard, swimming pool, French provincial architecture, a gated entrance, crystal chandeliers, manicured gardens and a one-bedroom guest house.

During her trial last fall, Holmes, who faces up to 80 years in prison after she was convicted of defrauding investors, testified that she and Balwani created a limited liability company to buy the home in July 2013.

Back then, the couple paid $9 million for the home….

Fascinating. All quiet otherwise, here on Pi-Day 2022… grinning.

[U] While Still Sealed, We Should Note That The Terms Of Holmes’ $500,000 Bail/Bond Are Final…

The courts will hold on to her cash (under “eyes only” orders entered yesterday in San Jose), until sentencing later this year — and likely well beyond it. Updated 03.05.2022: we can now see that her family’s real property in DC has been tendered into a trust, and recorded in the DC Recorder’s office, as part of the bail/bond. End update.

She will owe lots of people money, and this won’t even be a dent in that. But it will (like Martin Shkreli learned) become government property after a time, now that she’s convicted:

…ORDER Setting Conditions of Release $500,000 Bond (Secured by Agreed Property) Entered as to Elizabeth A. Holmes. Signed by Judge Edward J. Davila on 3/1/22….

To be clear, she is likely to begin serving her time, even as her appeals wend their way through the courts. She doesn’t really qualify for release during appeal.

Now you know.