Status Hearing: Zoom, On October 3, 2022…

The motions hearing, for Ms. Holmes’ now denied new trial, has been converted to status hearings before USDC Judge Davila, in San Jose.

Since it will be accessible by Zoom, I may dial in, and listen only on silent — without letting any video access my node.

I suspect we are down to discussing when the full BoP/DoJ pre-sentencing report and recommendations will be available, and when the countervailing memo, from Ms. Holmes’ team, will turn up.

There is no chance that the matter at left is ever going to get her a mistrial, or a new trial.

So it is all over but the whimpering, once the sentence is read… now.

In The “Grasping At Straws” Department…

It seems the former lab director at Theranos, one of the central witnesses against Ms. Holmes, is having regrets… about his testimony.

There is no allegation (in any of this rather sad tale of spilt milk) that he did not… tell the truth. No — just that he regrets being so compliant with the government’s lines of questioning.

“…He stated that when he was called as a witness he tried to answer the questions honestly….”

So… I think the conviction stands.

No new trial — that’s my prediction.

You may read the whole — rather fantastic — filing here.

Onward, smiling….

Just Like Martin, In 2018, Holmes Loses Bid To Overturn Her Convictions, In San Jose.

Sentencing is now a little over a month and a half away — in mid October. Here’s Bloomberg on it all:

…[USDC Judge] Davila, who seemed to be reading from a draft order, detailed the various ways in which prosecutors proved Holmes misled investors. The eight days of juror deliberations after four months of trial “reflect that they took their task seriously and carefully,” Davila said. It “suggests that they conducted a thorough and rational decision making process.”

It was the first time Holmes returned to the federal courthouse in San Jose, California, since the former chief executive officer was convicted.

She arrived at the building smiling and accompanied by her parents, much as she did throughout trial, and wore a Covid mask as she entered the courtroom. Her next appearance next month [Ed. Note: actually mid October now, per an updated order, as we reported…] likely be her last, to receive her sentence, which criminal defense lawyers expect will be almost a decade in prison….

So… it goes. Onward, smiling — but feeling especially bad for her son (who’s a little over a year old), who is going to be yet another… entirely innocent victim now (due to ALL her singularly horrific… choices).