Theranos Inc. founder Elizabeth Holmes appeared in a federal courtroom in San Jose, Calif., Tuesday for the first time in more than a year, attending arguments between her lawyers and prosecutors over what evidence jurors can hear at her approaching criminal fraud trial, reports the Wall Street Journal. Holmes faces criminal charges stemming from the failed blood-testing startup she launched as a Stanford University dropout in 2003 and ran until its dissolution in 2018. Prosecutors allege that she and former Chief Operating Officer Ramesh “Sunny” Balwani deceived investors and patients by promising the company’s blood-testing technology could do more than it actually could.
Holmes’ lawyers also argued that prosecutors had no scientific proof that Theranos tests were erroneous, and that without it they shouldn’t be able to cherry-pick bad results from the millions that Theranos produced during the years it was testing actual patient blood. Holmes is trying to block the government from calling patients and medical professionals as witnesses to talk about inaccurate test results they received from the company. The trial has been delayed several times, first because of the coronavirus pandemic and most recently after Holmes told the court she was due to have a baby in July.