Former Theranos CEO Elizabeth Holmes wants a do-over. The fallen Silicon Valley star asked for a new trial in a court filing on Tuesday, arguing that one of the prosecution’s key witnesses now feels guilty for the part he played in her conviction.
But despite Holmes’ ongoing legal woes, she’s still a free woman—for now.
Holmes is currently out on a $500,000 bond but faces up to two decades behind bars. Earlier this year, she was found guilty of wire fraud and conspiracy to commit wire fraud.
Jurors believed that Holmes “intentionally misled investors” about the efficacy of her tech start-up’s blood-testing equipment. Her sentencing is scheduled for next month.
Criminal defense attorney Julie Rendelman told Newsweek that it looks like Holmes’ legal team is basing its request for a new trial on what it has described as “newly discovered evidence.” It is claiming that a key witness, Adam Rosendorff, showed up to Holmes’ home last month because he wanted to speak with her. Instead, Holmes’ partner, Billy Evans, opened the door.
The defense’s court filing claims that Rosendorff told Evans that he’d done his best to answer questions honestly in court but that the “government tried to make everyone look bad.” Rosendorff also allegedly admitted that he “felt that he had done something wrong” during the trial and was having trouble sleeping.
But Rendelman isn’t so sure that the claims amount to crucial new evidence.
“Even if we assume the statements were made they seem to reflect perhaps a level of guilty feelings on the part of Rosendorff for his part in Holmes’ conviction. They don’t however, seem to convey any additional evidence that would be deemed exculpatory,” she said. “Further, the defense had ample opportunity to cross examine Rosendorff to highlight any areas in his testimony that they believed were unclear or misleading for the jury.”
Holmes’ still-developing story has already received the Hollywood treatment.
Oscar-nominated actor Amanda Seyfried stars in Hulu’s eight-part miniseries, The Dropout, which was released earlier this year to largely positive reviews. Seyfried aired her thoughts on Holmes’ upcoming sentencing during a recent installment of Variety‘s Actors on Actors talk show.
“I know whatever she’s sentenced with, it’s what she deserves,” she told actor Jared Leto. “And I also know, in my gut, that there’s a space for her outside of this whole Theranos thing, outside of prison—if she goes to prison. Then she’ll get out and she’ll invent something new that’ll work. I don’t know if I’m the only person who feels that way.”
Newsweek was unable to contact Rosendorff by publication time, but he reportedly declined the Associated Press’ request for comment, saying: “Do not contact me.”
Newsweek reached out to Holmes’ lead lawyer for comment.