The defense attacks a witness

Elizabeth Holmes, Founder and Former CEO of Theranos, arrives for a motion hearing on Monday, November 4, 2019, at U.S. District Court inside the Robert F. Peckham Federal Building in San Jose, California.

Yichuan Cao | NurPhoto | Getty Images

SAN JOSE, CALIF. – A defense attorney for Theranos CEO Elizabeth Holmes has slammed a key government witness for breaking court rules by contacting prosecutors about his testimony. Holmes is fighting 12 counts, including ten counts of wire fraud and two counts of conspiracy to commit wire fraud.

In contentious cross-examination on Monday, attorney Kevin Downey, a member of Holmes’ defense team, revealed that Alan Eisenman, a former Theranos investor from Texas, had emailed the prosecution team after completing his examination-in-chief, although he was told not to discuss the trial with anyone.

Eisenman, however, has repeatedly denied discussing the substance of his testimony.

“How long did it take you to violate the instruction given to you?” Kevin Downey asked. “Wasn’t it less than about 3 pm?”

“I don’t remember,” Eisenman said, adding that he was “quite tired”.

Following her email, Adelaida Hernandez, an FBI special agent for the government, called Eisenman and told him “not to contact the government,” according to Downey.

Eisenman emailed the prosecution team again on Friday. This time John Bostic, a deputy US attorney, called Eisenman.

“They told you to ‘stop contacting us’ and this was the third time the government told you not to contact us about the ongoing testimony in Judge Davila’s courtroom,” Downey said. .

Eisenman said he didn’t think his communication in his last email to prosecutors was material or relevant to the testimony. He recalled that these were travel arrangements.

“Is it up to you to decide if this is relevant?” Downey asked.

“I’m a smart guy, it has nothing to do with the case,” Eisenman said.

“Did they agree with your intelligent judgment?” Downey asked, referring to prosecutors.

In another effort to present the witness as biased, Downey pointed to an email from December 2018 that Eisenman wrote to Hernandez. The email began: “Hi Addy. Eisenman ended the email by writing: “You know that I am a loyal member of your team and I will do whatever I can to help you.”

Downey asked Eisenman if this email was an accurate statement about his relationship with prosecutors.

“I think there was commercial fraud,” Eisenman said. “I think I’ve been lied to and taken advantage of. I think there’s been a lot of abuse over the years and I’ll do what I can to tell my story. And may we have the same result, justice be served. “

Eisenman, a retired fund manager and financial planner, appeared last week as the 24th government witness in his case against Holmes. He and his family have invested over a million dollars in the blood testing startup.

Ahead of Eisenman’s testimony last Wednesday, defense attorneys and prosecutors discussed an alleged statement he allegedly made “upon entering the courtroom” that he wished Holmes to go. jail. Prosecutors told the judge they would not ask him questions about his statement.

Eisenman never made any sort of comment on Holmes’ potential punishment at the helm.

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