Elizabeth Holmes, founder of Theranos Inc., is leaving federal court in San Jose, California, USA on Tuesday, December 21, 2021.
David Paul Morris | Bloomberg | Getty Images
SAN JOSE, Calif .– The 12 jurors responsible for determining the fate of Elizabeth Holmes announced Monday morning Federal Judge Edward Davila that they would be unable to unanimously rule on three of the charges against the founder of Theranos.
Davila responded by calling the jury into the courtroom and giving them what is known as an Allen charge, an instruction to a deadlocked jury to continue deliberations. If the jury does not come to an agreement, they could still pass a partial judgment on the remaining points.
Holmes arrived at the San Jose, California courthouse on Monday with her parents and partner Billy Evans. It’s her first appearance in the courtroom since December 23, when the jury last said she had a note for Davila. Holmes lives in a hotel across the street and now only shows up in the courtroom when a complaint is placed for the judge.
The jury deliberated around 46 hours over seven days. The case was handed over to them on December 17th, after a three-month trial with 32 witnesses, most of whom were summoned by prosecutors. Holmes, 37, was the main witness in their defense.
Davila read jury instruction No. 2 to the judges on Monday. The instruction reminds them that Holmes is innocent until proven guilty and that the burden of proof rests on the government.
It’s only the third time that jurors have created a note for Davila. The first was on December 21st when they asked if they could take home inspection instructions. Davila declined the request, saying all consultations had to take place locally. Two days later, they asked to listen to audio they had previously heard during the Holmes trial and conversations with some of the investors in the failed blood testing company.
The jury last met on Wednesday. Since they had not yet come to a judgment at this point, they took the rest of the week off for the New Year holiday.
Holmes, who is charged with nine cases of fraud and two cases of conspiracy to cheat, faces a prison sentence of up to 20 years if convicted. She pleaded not guilty.
After Davila sent the jury back to deliberation, Holmes went to see her family, who were in the next row. She hugged Evans and her mother, and then her father kissed her on the forehead.
CLOCK: Jury to get the case in the Holmes trial