- Investor Alan Eisenman, a key government witness, violated court rules by contacting prosecutors regarding his testimony.
- A defense attorney for Elizabeth Holmes interrogated Eisenman in a fiery cross-examination.
- In 11 weeks, jurors have heard the testimony of 24 government witnesses.
San Jose, Calif. — The defense attorney for Theranos CEO Elizabeth Holmes reprimanded a key government witness for violating court rules by contacting prosecutors about her testimony. Holmes is fighting 12 charges, including ten counts of wire fraud and two counts of conspiracy to commit wire fraud.
During a controversial cross-examination on Monday, attorney Kevin Downey, part of Holmes’ defense team, revealed that Alan Eisenman, a former Texas-based Theranos investor, had sent prosecutors an email after he finished his direct examination, while not telling them not to. had gone. Discuss the test with someone.
However, Eisenman repeatedly denied that he had discussed the essence of his testimony.
“How long did it take you to violate the instruction given to you?” asked Kevin Downey. “Wasn’t it less than about 15 hours?”
“I don’t remember,” said Eisenman, “he was so tired.”
According to Downey, following his email, Adelaida Hernandez, an FBI special agent for the government, called Eisenman and told him not to “communicate with the government”.
On Friday, Eisenman once again emailed the prosecution. This time Eisenman was called by John Bostick, an assistant US attorney.
“They told you, ‘don’t communicate with us again,’ and this was the third time the government told you not to talk to us about the testimony going on inside Judge Davila’s courtroom,” Downey said.
Eisenman said he did not think his communication in his last email to prosecutors was sufficient or relevant to the testimony. He recalled that it was about travel arrangements.
“Is it up to you whether it’s relevant?” Downey asked.
“I’m a smart person, it had nothing to do with the case,” Eisenman said.
“Did they agree with your smart decision?” Downey asked, referring to prosecutors.
In another attempt to bias the witness, Downey pointed to a December 2018 email that Eisenman wrote to Hernandez. The email began: “Hi Eddie.” Eisenman ended the email by writing: “You know I am a loyal part of your team, and I will do everything I can to help your case.”
Downey asked Eisenman if the email was an accurate statement about his relationship with prosecutors.
“I think the trade was fraud,” Eisenman said. “I feel like I was lied to and taken advantage of. I feel like a lot of abuse has happened over the years and I’ll do what I can to tell my story. And that we have only one result, that justice should be served.”
Before taking Eisenman’s stand last Wednesday, defense attorneys and prosecutors discussed an alleged statement Holmes made “on entering the courtroom” about his desire to go to prison. Prosecutors told the judge that they would not ask him questions about his alleged statement.
Eisenman never commented on Holmes’ possible sentencing while on the stand.