« The Dropout

The Prosecution Rests & Elizabeth Speaks

2021-11-23

In a monumental week in the trial of United States v. Elizabeth A. Holmes, the prosecution introduced its final week of witnesses before resting its case. Among them, a patient who received troubling results from a Theranos HIV test and a journalist whose damaging interviews with Elizabeth were played for the first time in court. And in a literal final-hour shocker, the defense called Elizabeth Holmes to the stand. Did the government bring its case home? Did Elizabeth begin to sway the jury?

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Previously, on the door about we heard from two thereunto slab directors, one who voided over fifty thousand thoroughness tests after a damning government inspection and enough who never met Elizabeth or set foot in the company's lab started. Having a real problem with them and doubts and talk to me saying that he or she wasn't comfortable as their lab director. This week the government puts its fine no witnesses on the stand among a patient who receive troubling results from a thorough knows HIV test it's my heart, to be honest with you, knowing that a patient's walking around with the results such as this with no clear path of next steps, and a journalist you'll remember from season one whose death aging interviews with Elizabeth were played for the first time in court and wish you can do
no incredible plus, in a literal final, our shocker, the words many never expected to hear the defence, cause Elizabeth homes. My first reaction was surprise but, as I thought about the reason she might do it is. She needs to convince the jury herself and so it may be her only chance of getting acquitted even though and some very high risks did the gun.
Meant bring home its case did Elizabeth begin to sway the jury from ABC Audio. This is the drop out Elizabeth, HANS on trial, Rebecca Jarvis episode, fourteen the prosecution rests and Elizabeth speaks. It has been an absolutely monumental weak in the trial of United States versus Elizabeth, a homes, the prosecution packed in a final we the witnesses and most stunningly, we heard from a list with herself twice once
The recorded conversations of testifying journalist and again ass. She took a stand. Waking up a very sleepy courtroom just before court closed for the weak. Much more on that later, but at the start of the weak it was business as usual to an extent when we last left off investor Alan Eyes and men was in the middle of his testimony. Remember island lost a little over a million dollars, investing his in his family's money and their nose and things. Really heat it, while he was on the stand so heated judge, Edward Dialogue on multiple occasions was forced to step in it was the whose tension we felt in the court room at any point during this trial. But before the defence could finish Its cross examination of eyes and men court, to adjourn this week when eyes in men turned to finish his testimony things too. A very unexpected turn. Let's talk
Some of the events that have happened since you left The stand began, defence attorney Kevin Downy, as it turned out after court eyes, and men had iii, mailed special FBI agent, Adelina Hernandez about a computer, hard drive that might have baroness messages on it. He concludes his correspondence with you know that I am a faithful part of your team and will do all that I can to help your case. It was a message. Court experts say eyes and men never should have sent to prosecutors and, according to White Collar defence attorney, Caroline Policing, the defence huh. to be licking their chops. That's like dream scenario, its highly inappropriate for a witness Actually, a government witness to talk about his or her testimony with the governments in a way that sort of scenes nefarious, and I thought the defence did an amazing job. If his testimony
value at one point. This sort of alpha the moment on the stand really negate at that for the jurors, as downy pointed out to the core, eyes in men, had sent the message to agent Hernandez less than fifteen hours after he was specifically instructed by prosecutors, not to communicate with them about the substance of his testimony defensive? many downy explained to the court that, instead of replying to eyes, admins email agent, her and, as called and told him to stop communicating with the government but He's men ignored her How long did it take from that call until the next time that you ve the government Downy asked there were no further emails with anything substantive set eyes, and men How long did it take until you emailed the government after that call ass downy again my recollection? is that there is an email about travel set eyes and men in fact,
and men had quickly fired off another email to the prosecution again only this time, instead of a call from agent Hernandez eyes in men call from Prosecutor John Boston imploring him to halt all communications that was the time, the government told you do not communicate with us about the testimony that is ongoing and judged novelist court right, ass, downy, this communication has nothing to do with the testimony or the case eyes. Admin shot back up to you what stuff has to do with White ass downy, I'm a smart guy. This has nothing to do with. The case something really illustrated Pang of what a pass I've been wise like how he was doing government exactly what he had been doing to homes and Lucas and reaching out when he shouldn t stand up concluded with eyes and men blurting out to the court,
have no bias in this case, judged off once again, was forced to inner jacked. Sir Sir, there's no question pending that stricken that stricken it had to be extremely embarrassing, a total low moment for the government. Is no way that the government could re ability just witnessed.
before eyes and men's combative. Testimony finally came to a close. He had one last question for the court: could he possibly catch a flight home to Houston that night judged oval politely explained that Iceland men might be called back for more testimony, but that the plan might not be clear until the next morning, seemingly dissatisfied with this answer eyes in men continued by sharing with the entire court room a possible itinerary. Ok, there's of late flight from six forty five from San Francisco. Yes, I apologize. I dont think that will be possible dollar responded explaining to item in that the government would be in touch. This whole exchange went on another four rounds with eyes admin asking whether he could fly home to Houston that night, until Judge Dollar finally said well. All things are possible, sir. As I said before, the Chicago Cubs win the world Series every now and then so often, These are possible by about four
yeah. The prosecution and defence made up their minds eyes in men was done. He was dead for good its unclear whether he made that six forty five flight, the government's next week, this was a biotech investor named Brian Grossman. Unlike other thing, knows investor, as we have heard from during this trial Grossman. Had something they lacked experience in biotech more than tat. Many years analyzing in investing in the industry, he told the court and yet after a thorough review, but jealousy exploring their noses relationship with Walgreens, the viability of its proprietary devices and its financial health Grossman firm partner fund management or P M Health Sciences invested and lost nearly a hundred million dollars with their nose. A lazy says no mistake: the government chose to make Grossman their last investor witness in many ways she was the perfect wit
for the government, because she did everything correctly. and he still lost money, disguise the ring I'll deal. He is incredibly well credentials extremely intelligent, very knowledgeable about this space. I mean he was talking about nucleic acid amplification. He clearly knows his stuff, unlike some of the other investors that were sort of going along with this theme of the foam o investors thinking. While this is a hot new thing in Silicon Valley, let's get in on it. He by contrast, was doing a real analysis with due diligence. Grossman testified he and his car experts met Elizabeth and Sunnyvale Belmonte at their noses offices in Palo Alto in December. Twenty thirteen Elisabeth recall the meeting in her ass he seed opposition but as usual had a spotty memory for the details.
You're in discussions with your family to hasn't thirteen guarding their potential, the king to discuss various revision, whether commissioner, Sunni, whether it be written business, did you present any materials to be found at that meeting? What do you recall tat? I don't recall the discretion very well do driver who, I believe, the brain Grossman ruins, will reason there were doing the diligence Grossman had he was immediately struck by the company secrecy. He design documents to get into the building something he recall doing for any other public or private company, but Grossman also struck by what Elizabeth and Sunny said the company could do that. There are no
could run over a thousand tasked with their technology a pretty profound statement. As Grossman recalled. He said he was all told that the technology was disrupting the decades old blood testing industry cutter very ability and human error, increasing profitability and lowering costs. Grossman remembered Elizabeth being very clear that there are no could match every test on the lab core and Quest menu of tests. Of course, We now know their noses devices could only ever run twelve tests at any given time something the You see also pressed Elizabeth on in her deposition, looks like fan is asking about the number of blood tests that we're being processed through the test you in January, first, two thousand and thirteen for clinical patient testing to see that the response here do description
the fact that the test pew was only performing about twelve tests, I don't I don't think so. Grossman also recounted Elizabeth and sunny sharing now familiar stories talking up their partnerships with farm accompanies and how They worked with the military and the Department of Defense. How the text, energy had been used in the battlefield and on met of acts. Many recalled how they talked about a little over two hundred million dollars of revenues from the Department of Defense that had sustained the company. there are. Those would also later share financial projections showing the company had an estimated thirty million dollar payment coming from farmer companies in twenty fourteen. Something that also turned out to not be true during grassy seed opposition Elizabeth claim to not remember reviewing such projections before they were distributed about
peer to peer review, financial projections. I went out to them at the time of the sun, so you don't remember either with you receiving those projections before they were centred here than I do Grossman, also detailed, what he said. Elizabeth told him about their noses relationship with Walgreens the company's plans to roll out their proprietary technology and all the drugstore chains, eight thousand one hundred stores, but Spain wanted more information before he was ready to invest money on behalf of Pierre found, oh Grossman, emailed Elizabeth and Sunny a long list of due diligence. Questions broken out into seven different categories, as he told the court we just want. Asked the same questions as many ways as we could. So there was no ambiguity. There was apt losing no confusion about what the technology was capable of. Doing. There were questions of accuracy, speed comparison, is to traditional methods. Limitation
and on the technology and feasibility of certain tests, Grossman would need again with their nose in January twenty fourteen when he said he told that the company could get test results back in under four hours, in retail stores, in one hour in hospitals, unlike some other investors, Grossman did actually get to see their noses proprietary. Many lab in person he described is the size of a pc from five years ago. A big pc, maybe two feet Tal by ten inches wide and according to Grossman Baroness was emphatic. This was Entire laboratory shrunk down into a box Grossman, also went to Walgreens to get a blood test, something he said he didn't tell fair, and it was he was doing, He had a Venus draw, not a finger stick and the results didn't back in the four hour window with their nose had promised. But when Osman raise these issues with sunny. He says Sonny, explain them away, telling
Ozma his doktor had ordered an unusual test that their nose wasn't curve. the offering on finger stack. What sunny failed to disclose to Grossman was that some of task were run on a third party machine Grossman said neither he nor his team were ever told. Their nose was using third party analyzer to test patients or their noses own device, was only being used for a handful of tests. Accord two Grossman that type of disclosure would have raised a whole series of questions about what the technology was capable of doing Elizabeth was asked about this in her deposition with the US. He see did you talk about specifically the technology and blood draw what was in place at that time verses? What was aspiration was very clear delineation between those two. We tried to do what you back on it now, especially in the case of fun. I wish weight and that even works
so we, including in writing, visit wide title new possibilities and lab and it serves thousand plus, currently run tests are available through fairness and again, thoroughness runs any test of eligible and central laboratories without a true statement and Jerry, two thousand fourteen that all one thousand plus currently run taskforce cp closer available through their homes luxury. That had been operational lies in January fourteen. We don't even open for a couple months appoint despite some kind servants along the way Grossman said he believed. He was told by Elizabeth and sunny and move forward with the investment them invested in the city round. That is how it should be addressed, because when problem with their noses technology were exposed in twenty fifteen p m would sue. The company
The jury and Elizabeth Criminal trial didn't hear details about that case, but p of em seem to forty three million dollars settlement from their nose with no admission of wrong doing. And attorney Lance Wade kicked out the cross examination showing jurors a timeline on it Wade Mark Grossman initial meetings with Elizabeth and sunny in December twenty thirteen and then February. Twenty fourteen when Grossman Spheare made the decision to invest. You went through a pretty extensive process by which you considered the investment. Correct, wait, asked yes, said: Grossman P a firm had dedicated about five members, as well as outside experts, regulatory advisers and lawyers to the due diligence in turn, Grossman had prepared an analysis of their in on analysis. He shared with some of the people who invested in the fund and
you have reason to believe that some of the people who invested in that fund made the decisions based upon that analysis. It's possible said: Grossman we'd reminded the court. This was Grossman career he'd made many investments in healthcare companies over twenty years, including blood testing giant, Question LAB corps as well as Walgreens, and Sometimes you win, and sometimes you loose right, wait asked yes, Grossman, said wait also brought up the fact that Grossman team had reached out to Walgreens analysed oh see it of gross men's rotten and a male he'd received very good feedback from the drugstore chain. Finally, Wade Prescott man on his understanding of the technology itself Grossman under stood. There knows wasn't just using finger, stick testing but said he also believe when there are no claimed it was taking micro samples of blood from traditional methods. It meant there are no signs
taking much less blood than traditional Venus draw. If you take much less blood, you can't whose at unconventional equipment, as in third party machines Grossman explained to the court Did you actually understand that there are no could take much less blood by Venus draw and use it on commercial equipment? Wait asked. I would fight that very troublesome, because that equipment is, after all, to be used with the larger Venus draws. So I would, concern that if someone was using a micro sample and using that unconventional lab equipment that would be concerning to me, that's not how it was approved said Grossman here's, Caroline police. He wrote man is such just a kid ed, it is that he's not we too, who let the defence get away with anything, and so you
It is really long back and forth, almost painful back and forks about what exactly the defence is implying or trying to say or or putting words in his mouth. He was really clear. here on what he wanted to represent with his testimony. And he was going to be smarted aid via fancier this Brad Milky hosts the BBC's daily news. Podcast start here more drop out in a minute, but first the sound of another sail on shop, a fire, the all in one commerce platform to start run and grow your business shop. If I get entrepreneurs, the resources once reserve for big business, so upstarts start ups and a stable Businesses alike can sell everywhere. Synchronize online and in person, sales and effortlessly stay informed shop. If I powers over one point, seven million businesses from four sale to full scale. You can
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In the countdown to the government's last and final witness prosecutors called to patients and a doctor who they say had troubling experiences with their noses blood tests, the first she called was Aaron Tomkins on May eighth. Fifteen tomkins. An uninsured musician working three jobs, including one, is a church music director in Phoenix, went to a local Walgreens to have her blood drawn Tomkins told the court heard about their knows from a friend who is running a resource centre connecting vulnerable people like the homeless to affordable health care. This friend was a egg big supporter of fairness. According to Tomkins Tomkins said It also read about their nose and fortune and, as she understood, it was about to get a less expensive, reliable blood tests that required just a tiny little capsules worth of blood, Instead, Tomkins explained she got the shock of her life when the there
knows test results came back as prosecutor, John Boston showed the court. The indicated tat, gins had an abnormal presence of HIV antibodies. In other words it looked like Tom, and might have tested positive for HIV. Here's be news, contributor and board certified emergency physician, Darien Sutton Virus. the result of this test. I be concerned at this. Patient has HIV So what I would do, then, is called the patient to fully interpret the task, to make sure that the patient understands the concern and arrange a way so that the patient can get a confirmation too, as you have to communicate them to the patient. he's done your medical history. Are you aware of any reason why HIV antibodies would be present in your blood? Asked Fosdick NO said Tomkins too. Guess who said she'd never had any symptoms of HIV or AIDS who never been I note with HIV or AIDS before was surprised by the result.
Of her thoroughness. Blood test Tomkins testified. She called Your nose almost immediately asking to speak with some one in the lab, but the customers, of his wrapped said the call couldn't be transferred. I quite emotional at the time, said Tomkins. Who also said she, recall ever hearing back from their knows what I'm looking at result. especially when I'm talking patients about HIV results. You really have to be a skilled, physician and provider to understand these results to orchestrate the next steps necessary, and so, when I'm looking at this, it hurts my heart to be honest with you, knowing that a patient's walking around with the results such as this without any type of indication or or interpretation, and with no clear path of next steps. Would take three more months before Tomkins was able to get additional testing at the local women's clinic. Those tests came back,
negative. They said everything was fine. She testified after the prosecution wrapped with Patient Erin Tomkins, the defence started their cross defends attorney Katy Traps did the questioning traps began by asking about the cost of that their nose test. Do you recall, A mature HIV task cost from their nose off the top of my had. No, I remember it being of lower cost, and I remember receiving a refund check in the mail. Approximately two years later said, Tomkins Tomkins, told the government that she tried to speak with someone from their nose, but never heard back from customer service, but trapped showed that actually was a follow up conversation with their nose. Does this refresh your recollection that if there are no employees walk you through the CDC recommendations on testing for HIV, Tomkins told the court the specifics that brief conversation were very vague to her and she was
recalling it troughs then went through this DC guidelines on HIV testing, but Tomkins said she had difficulty understanding the guidance trucks pointed to the fact It was recommended. Someone with Tomkins results should then be tested with an after proved antibody amino acid. The differentiates try. V1 antibodies from HIV, he too antibodies. Do you know mere phone call with their knows whether HIV testing at their nose was run on FDA, cleared commercially available test methods. Traps asked I assumed all the equipment was after proved said, Tomkins later in emotion, Elizabeth Council said they wanted the judge to scrap Erin Tomkins testimony regarding her HIV test results. Prosecutors didn't all Tomkins doctor who would have been a person com. if I had to offer that opinion to the jury, defence attorney Amy Sahara told judged Arbela Sahara. Added that
This report has offered essentially an opinion that she received inaccurate test results without a person qualified to offer that opinion to the jury the government countered that the patient was qualified to talk about her experience with that their nose test and present to the house. We the results that she obtained the prosecution. argued that the testimony of Tomkins was admissible and the count EAST on her was still a valid count. Boss, stick admitted test results, did not say Tomkins had HIV. We don't know, Yet how Judge Davilow will rule on the defensive motion? Next? The government called Doktor Mark earns who's been running his own medical practice in Arizona for almost thirty years, Doktor burns estimated He down over ten thousand Piazzi test to test for prostate cancer and had treated about two druid patients with prostate cancer prosecutor, Jeffrey shake
began by asking doktor burns about his patient Doktor Merrill Ellsworth. now retired dentist elsewhere, was going on a missionary trap, leaving the country for two years and his church rock and getting a piazzi test ahead of time. Doktor burns testified that here amended at their nose test because it would be cheaper Ellsworth who also took the stand briefly testified he paid for the test out of pocket may fourteenth twenty fifteen Ellsworth went to Walgreens to have his blood drawn. What came back was appeal as a result. Markedly higher than his previous levels prosecutor. shank showed the jury, a copy of the patients test results on which doktor France had written across very significant rise, recheck, maybe error, shears b C news is doctor. Darien sudden it is
come in for someone to have a high value like this, without Causa without reason. For example, if I received a patient who had a high value at this level, eyed wonder: devastation haven't inflammation of their prostate or an infection their prostate, but in this case she was asymptomatic and what will be concerning as if this could be a sign for possible prostate cancer, and that could lead the way two additional testing imaging and also process biopsy, which may be completely unnecessary, giving a signal, high value, is false. Elsewhere testified that forty years later he got another thorough knows Piazzi test, but this the result was much lower in the normal range. According to doktor since this result was much more consistent with his patients previous tests. But given this difficult variability doktor burns, followed up with their analysis. Spoke to a regional lab director. I asked that they would repeat the test a third time
I feel a little bit more comfortable if the third task was an unexpected range and then I asked since It seemed to be a lab error discrepancy with their lab. I asked if they'd assume the asked for repeat testing as opposed to the patient, paying for it again and they agreed to that prosecutor show then showed the jury, a set of emails, an internal discussion at their knows about Ellsworth issues, fair, no XVI. he Daniel John wrote to a group. I see three result: too low and one high. Do you know? It's going on here, but apparently no one dead, young colleague, rope back. We dont know why the first sample came back so high. It was actually run and confirmed high. Originally a sample makes up is possible on June, eleventh, twenty fifteen Ellsworth took it there. There are no test and his results were elevated. Again, doktor burns testified. He was having more concerned, he called their nose again at requested. His patients have a fourth test.
run in the traditional method, meaning not finger poke. There, those meantime continued to discuss. The issue internally. Shanks showed the court that, mail sent after Doktor Ellsworth latest test Piazzi from as it's one in three were run on Edison visit to was run in Phoenix. This meant Ellsworth Problematic. First and third tests worshiped Palo Alto and run on their noses Addison device, whereas his son, Normal test was run on F dear proved, Third Party machines in Phoenix. This was it was to doktor birds June thirtieth. Twenty fifteen Ellsworth got a fourth piazzi task done, but this time a phlebotomy came to, office to do a Venus draw. The result came back oh and in the normal reach this one was pressed. In Arizona using The traditional method and doktor burns felt reassured ABC,
Doktor Simon says it's a red flag, even re running a test twice, let alone four times getting for ass to confirm its excessive, in my opinion, personally, if ordering beyond a second task. I have extreme questions about the validity of the lab orchestrating the tests and it makes it. very difficult is a position that is extremely concerning less than a year later. On March, twenty ninth twenty sixteen doktor burns received a fact from their notice, which read this report contains, erected, results. It was Ellsworth, first and third pillars, a test the to test their nose had run on the Edison that both returned concern. Elevated piazzi levels. Next, The values it read void, the Cross Examination Defence attorney Katy Traps asked about when Doktor Burns first learned about their nose. Is it fair to say that were excited.
I was very much interested in this way of testing doktor burns replied traps went on? Is it true? the patience of yours had tests it. There are nos four, approximately a year before Mr Ellsworth test. Yes, I believe that's true doktor burn said, and with the exception of Doktor Ellsworth Ps Eta, did. You have any issue with their noses tests. Up to twenty fifteen no said doktor burns traps pointed out that one Doktor burns brought the issued at their knows. They investigated She then asked over the course of your career have you primarily used other lab companies other than their nose Cleveland Clinic I've used lab poor and occasionally Sonora Quest, Doktor burn said and have you any other testing issues with those other lapse. Yes, he said Trot ass doktor burns in his experience, how frequently labourers with Piazzi tests occur. He said it is rare,
are you aware, research that shown that the rate of lab errors can vary from point one to three per cent. I have not seen that doctor burn said did. Patients of yours goaded therein. It was after the incident with Ellsworth, possibly don't recall, okay, and did the government. Ask you at any point for the full list of patients of yours that were tested at their knows. No doctor birds responded and with that apps had no more questions? Defensive, Ernie, Caroline police. He thinks the government made a strong choice having these patient test results play towards the end of the case after the investors. Obviously, this case has been charged as spirits Zita commit wire fraud against both their nose, invest. there's an patients. So obviously the investors are one com. Of victims, but there
the most sympathetic right, o o boo, hoo, your millionaires and billionaires, and you may be lost a couple million dollars here and there on a risky investment. Will that's not super relate above all to yours. to real world people that are trying to relate to what happened in this case, it's the doctors and patients who relied on the tests from their nose technology to form their medical decisions that are Strangely sympathetic, there was to be an additional patient witness b b, but after the government failed to include his blood tests. pre trial list of test, his testimony was deemed inadmissible. This Age also impacted the total number of counts against Elizabeth. She now faces eleven, instead of twelve
for its final witness. The government called Roger Power, laughed the stand. He someone you first met in season, one of the drop out, Roger High, etc. A dark with parliament's work is reference throughout this trial. He wrote star making fortune cover story about Elizabeth. There was included in so many of those investor binders and presentations, but the court. Finally, heard from him directly and more strikingly her to access from his nearly ten hours of recorded conversations with Elizabeth. Like this one all is stuff you can do credible in her own voice. The jury got to hear Elizabeth, make claims about test capabilities relationships with pharmaceutical companies. Her work with military men
claims we now know to be exaggerated or untrue or her bigger should appoint on. That is our whole this is about eliminating the need for people to do in a puncture unless they want to which they can. But I hope that our everything that we do is about Anything that parliament began his testimony telling the court he was approached by attorney David boys to read an article about therein House Elizabeth Disk the same in her ass, he see deposition. Did you reach out to MR prolonged Lucy's, David David voices demons. Pure person, told me. It was good to hear a cover story that it was going to be big piece on thoroughness. Boys may have Wade, the initial groundwork, but his prolonged testified and told us in our twenty nineteen interview
the information what he wrote in his article. It all came from one source who did you have most interaction with, as you are putting this story together, it sounds like a Lisbon. Yes, there were multiple phone calls between us after their multiple emails and was David present during any of your conversations with Elizabeth homes know, did you go through the facts of the story? David boys or his pr person. No, I wouldn't have gone through it with them. I know, there's a fact. Checking process and I went through that with elizabeth- were any of the facts that were stated in the article things that Elizabeth directly contradicted in your conversation. no after an initial call, with Elizabeth Parlor travelled to their noses headquarters in Palo Alto describing to the or when he saw there a conference room that
once been Facebook, CEO Mark Zuckerberg office Karlov saw inside the companies are indeed lab, but he was not permitted to see commercial lap he towards them says, manufacturing facility and newer California and visited soothing wellness centre at Walgreens complete with an aquarium here. The court. A presentation thereunto sent him one. you ve seen time and time again he described how Elizabeth went through it with him point by point in person. On April, seventh, twenty fourteen It contain details that would eventually make it into his article, like her description of, Signature, nano tainer. What did miss I'll, tell you about this container or the sample size asked the prosecutor. She said it was about thousands of the size of what a normal blood draw might take answered Parloff. Israel's even sent powerless that now infamous doktor adviser document. The government share
Sixteen different clips of parallel recorded exchanges with Elizabeth in one over phone call Parallel asked, Elizabeth White era noses only advertising two hundred tests on its website when she claims that but he can actually run a thousand tat sonnets proprietary machines. What is the difference between the two hundred that are listed in the about him? You feel comfortable. You can do yeah ability to this gets into some of what we were talking about before in terms of it when we do being a puncture than those types of so it's more that we have operational, lived, a certain set of tasks expecting a certain set of ordering patterns with certain set of inventory and work flows for those tests that are most commonly done, and so no one on the website are the ones that are most commonly done. Cursory, okay and
Does anyone that that we bought up first buyers? We are adding to it and in fact, before the article comes out- We may have a new batch that is going on the website, the ACC later asked Elizabeth, a similar question, but she gave us dry, kingly different answer. In her deposition. The statement that there is currently offers more than two hundred and wrapping up to offer more than one thousand most commonly ordered flood diagnostic test, all without the need for a syringe, sumac rat. Really, you know, I don't think it is in another clip parlour compares their noses capabilities to industry. Leader Quest Elizabeth tells parlor. Her company can do
all the same tests on their own proprietary device, which she calls a platform, and when I looked at question you know, obviously they have many different kinds of chemistry going on. They do about six hundred deaths in this in this regional problem. Does your platform replace all of those? Are our platform and yield reveal? The truth is we can do all booster?
Oh, we can provide data back to clinicians for for all the same time, there is an impersonal recording between the two, where Elizabeth, briefly, touts or international work are you doing stopovers were overseas reforms in companies and governments in right now that our work cut out for us here in enough Recording Elizabeth defers to secrecy skirting around. Why parallel can't use certain words in his article? Ok, we're reporting again is the sensitivity around and advise the record
is the sensitivity around the word device. The regulatory sensitivity around the word device is, or is it that you you'd you dont want? Is it more in the nature of a dream? secret that you don't want to know you're at the analyzed Asia reiterate it nor in the context of the trade secret were girl filing a lot around the fact that we have a single by form? Any is a big deal. Karla, told the court one crucial exchange regarding Third party analyzes wasn't recorded, but he described it. The question asked, was just to be clear. You don't keep us Siemens analyzer, for instance, on hand for overflow. Do you and she said, or it was a nonverbal response, but it meant correct. We don't do that. Of course, that was it
Ill therein knows was using third party analyzer, but Paul I didn't know that It would go into his article. The profile said there are no quote: does by any analyzer from third parties, something the you see later grilled Elizabeth about you tonnes or prolonged, and those of their nests tests were Rhine, commercially, available lasers. Things were you worry that your programme, where the article mentioning only furnaces, manufacture devices that people given an inaccurate impression of healthcare and as an institution testing the time because of the time It is all about the aspiration and vision looking back at it now absolutely wish women and what our conditions differ according to parlour testimony when fortune published his article Elizabeth seemed thrilled. Did she provide?
with any reactions or feed back to the article Boston asked. Yes, she praised it. Effusively and I believe she linked to it on her website explained Karlov Elizabeth appeared to have read them. misleading claims and flag, no issues whatsoever at any point Miss homes complain about any of the content in the article, no at any when, after the article was published, did miss homes contact you to ask for a correction of any of the facts in the article no parliament the same thing in our twenty nineteen interview. They never got back to me and said there is a mistake here On the contrary, on the contrary, George Schulz sent me a note saying how much she appreciated the fact that I had spent so much time and gotten it right to the core. After His profile ran. He continued speed with Elizabeth for potential follow up articles, including attack
in a fair and open demonstration at the boy. Schiller law offices two devices were used to run a potassium test and any bull attest separately, powerless said he was a little surprised that they needed to machines, because he thought one could do everything in enough. Recording you can hear Elizabeth directing powerless how to report. This can also say that we created a lab hidden alleged three hour that boy Schiller to do your evil and indeed even will be proud day. The the only thing that I want to not the explicit about in peace. I dont want to what do we say that the exact theme system,
is running the economy, chemistry and dna and EMU chemistry and the other stuff that make them. So you don't want people to know that it's. The exact same machine just with different, agents or whatever exactly until the EU will be able to say you thought his gardens and why is there no way than next It will be a thing you and fell to whether it was one or multiple and that's fine, as parliament told them or he would soon come to know the truth that many the things Elizabeth told him, would turn out to be wrong. If not outright lies, he'd eventually run a corrected version of the article and suffer extreme remorse, as he described to us in twenty nineteen are made a lot of guys. I got.
Then this woman's story and I began to drink the Kool aid. So yeah I've learned lessons. Is there a particular question? You wish that you asked Elizabeth that you didn't think. I ask the right questions. I just got the wrong answer. That's what I think at this point I mean I do think I was credulous and I taken with her story and I didn't pursue certain leads that I could have, but I think I asked her the right questions. Came to the Cross Examination Defence attorney John Klein pointed out parliament's legal chops, illogical, from Yale a clerk ship with a? U S district judge who was so like judged Arbela five years to sing law after that that combined
with his subsequent twenty six years. As a journalist prepared him Klein said to ask questions, I suppose so, yes, Karlov, replied, You understood at the time that there were limits on what you could be told and what their nose would we. Comfortable with you publishing because of intellectual property concerns. That's right. Parallel, said prosecutor applying press parlour for his statement that he had the impression that there are NOS devices were in actual use in Afghanistan, but that Elizabeth told him couldn't discuss it on the record, parlor answered that may be right. That must be what I said it would a pretty strong inference. He added I mean she was stating don't tell general matters about the deployments in Afghanistan. Climb countered. She never actually told you there was a use in Afghanistan. Did she parlor replied? I thought she did.
It might have been a very strong impression. I am not certain on Redirect prosecutor Boston pointed out. Elizabeth sat in a recorded interview, their noses devices might have use in the military. When all is said and done, prologues testimony, coupled with the interview tapes offered jurors an incredibly compelling send to Elizabeth according to Caroline policing, but will it be enough for the government? Could this be the smoking gun? In the case, It's not a crime to lie to reporters. However, the idea is that Well Elizabeth homes used these really flattering reports to then pass off to investors representations about what was happening at the company at that time, so it was kind of a backhanded a of making false representations to her investors without actually mean
in false representations. Your investors and, I think absolutely any juror- will be persuaded and feel as though it's a smoking gun its incredibly offensive, and I think that jurors will, I recognise that in that will absolutely play into their assessment of whether or not she have the capability to defraud investors with parliament's testimony, concluded the prosecutions case after thirty one days and twenty nine witnesses was done in pains in detail the government alleged tat, time and time again, Elizabeth lied about her relationships with the: U S, military and her technology. He's use on the battlefield she continuously had the fact there who knows was running task on third party devices and brazenly sold investors with those doctored pharmaceutical reports. Irrefutable points according to the prosecution, but per
apps most of all, the government painted a clear picture. It was Elizabeth, not anyone else at their knows. Who was always leading the charge since the start of this trial. We ve I've been waiting to see whether Elisabeth homes herself would respond to these allegations, and now we know at the literal final hour of the trial last week, the defence shaft everyone when they called Elizabeth hopes to the Stand ABC court producer MILES Cohen, was in the courtroom and described the scene. There was a pause in the courtroom, since the end of a very long day by everyone seem to pick up the audience. The jury, even the judge, looked
cited to see what would happen if the person next me, why? Oh, my god, you see Santa Clara Belle Professor Ellen Crates, Fourg says it surprising, but perhaps all part of a greater plan will my first reaction, with surprise, but, as I thought about reason she might do. It is She needs to convince the jury herself. She is apparent the very likeable and very pretty ways of an one hope in this case, for an acquittal is really to be able to talk to them. Jury over several days that defence indicated there are gonna have run the stand for a long time and be able to respond to some of these. accusations herself, and so it may be her only chance of getting acquitted even though run some very high risks, after judged novel established Elizabeth was vaccinated. She removed her mask feeling a smile underneath that really set the tone for the rest of her testimony
She was conversational up, there clearly rehearsed but composed, and it looked like while she was giving her answers. She would look at the jury and should look at the job. Defence attorney Kevin Downy began the examination you could hear a pin drop in the courtroom. His first question Did you found their else? Yes, Elizabeth said adding she'd work they're from two thousand four to twenty eighteen. Did you believe that or knows develop technology that was capable of running any blood tests down. He continued, I did Elizabeth replied explaining. in two thousand nine or twenty ten, her team had a breakthrough Many small sample, asses or blood tests did their nose develop, invalidate in its research laboratory. While you were at the company, over three hundred Elizabeth sat and how, these small sample asses did their nose offer in its clinical laboratory oversight.
you're. So she responded when asked how many of those assets were offered where the analysis was performed on a miniaturized therein owes device Elizabeth answered twelve. It was a clear contrast to the hundred, so many have testified she previously claimed in apparent dissipation of how the jurors might interpret this discrepancy. Downy asked when she spoke publicly about that mobility is a fair analysis. Technology. Was she These limiting her comments to what was available in their noses clinical lab. No, she replied. He put right out their this idea that she was clear aware that could only run up to about twelve Tass and when she talked to investors, she was talking about the potential for the future, tat they could run on third party machines and soldiers? ready to lay the groundwork. In that answer about what the lab could do.
what her vision was for the lab in the future and that's gonna be part of the theme Downy then said he wanted to take a step back to ask Elizabeth about her background. You focus on a series of scene setting questions when and where she was born, where she attended college. What she studied, then downy foe, stand on Channing Robert said a high. credentials, professor, whom Elizabeth had met in her first year as a student at Stanford, and Did you come to meet Doktor Robertson, Downy asked when I got to Stanford. I went through the handbook of professors looking for every professor who is involved in both health technology, as well as traditional technology and their results, three yourself them, so I up at his office and asked if I could take his class it's a store. Elizabeth elaborated on two glamour magazine when she was celebrated as one of their women of the year and twenty fifteen,
my advisers, office men. I will sit here literally here in Norway, waiting for him to come back to his office, to try to convince him to let me into this graduate research programme ends and they D probably spent equivalent of once just sitting on the floor here Elizabeth confer She took Professor Robertson's class and also went to work in his research lab, which specialised in micro, fluid x, the handle of small volumes of liquid. In addition, Doktor Robertson's, LAB Elizabeth, also the jury. She worked at the Genome Institute in Singapore studying tests, tax Sars inner time there, she said she began to develop an idea based on her experiences miniature using the technologies. She was surrounded by to the point that they could be put an appeal that someone could swallow and do testing through the pale while its with three or body or in a patch that some. Could wear as Elisabeth explained to the court.
when she returned home from Singapore, she set to work at our parents, home in Houston, on a patent application for the idea Downy showed the Yours, the application which Elizabeth submitted in September two thousand three the invention was still just an idea when a list return to Stanford her sophomore year. She discuss the patent with Professor Robertson and What was his reaction asked downy? I think he was a bit sceptical at first said it was something that had not been done before and he encouraged me to continue. My research said: Elizabeth Doktor Robertson does ass. This in his twenty eighteen deposition for a civil lawsuit should remember, having worked summer sing. or to Genomics Institute and when she came back
and the fall of herself warrior. She showed me a patent application and she had written and wanted me to read it and provider with some feedback during the course of time period. She said a company to begin to explore ways of putting together of ultimately a product which will embody many of the aspects contained within this patent. Elizabeth explained that she continued to work in Professor Robertson's lab in her sophomore year. I spent almost my time on that she testified which he told the He was one of the reason she decided to drop out of Stanford in March, two thousand for Elizabeth said Professor Robertson was supportive of the decision and she and trying to build a prototype of her new invention. Then Elizabeth started accompany calling it
real time chores. She hired him full of employees, including to students from Professor Robertson's LAB Robert himself, also join as Elizabeth First Board member Downy asked is about how she financed her company. In those early days I started with talking to my parents and they, let me take the money that they had saved for me to be able to go to college, to work on my patent and then went to try to raise or borrow money. Elizabeth explained Elizabeth old glamour about this as well. My family was amazing, I'll I'll, be grateful all my life, I called them and inform them that I believe we see every day. Let me take the money that they both had saved sporting in all their lives, for my brother nine to be able to go to college and put it in to starting, become downy folk a great deal on Elizabeth invention how it might work the prototype and she and her colleagues were doing in the lab, did
ultimately develop this into an actual product. He asked yes, said Elizabeth by this point with two thousand five and Elizabeth Edge, in the name of her company, from real time tours to therein house and to build that product. Did you go and try to raise some additional money to try to finance that research and the ploys and the office in all of the things that it takes to run a business. I did, she said Elizabeth told them for it, she tried to raise money from venture capitalists, including down Lucas who she was introduced. to buy some one who had gone to college with her dad Elizabeth said, Lou, This had lots of due diligence questions for her at the time she had sent him a list of every expense at the company Lucas. only decided to invest in their nose, but also be The chairmen of Elizabeth Sport Rowley took on from two thousand five to twenty thirteen Elizabeth told the jury
only focused on other investors at the time to and what Elizabeth told them. Now we ve heard testimony in the case about relationships with pharmaceutical companies, he said were Utah king to investors, about the potential for fair and I was to market its products to pharmaceutical companies alike. with said she was and that she offered to Potential investors in touch with the people. Their nose was working with that. The pharmaceutical companies, including advisor Downy showed the jury a picture up there and I was his first device that there are NOS one point. No. According to Elizabeth, she discuss the product two thousand six and two thousand seven with pharmaceutical companies, including Pfizer Glaxosmithkline Novartis and Bristol Mire Squab did. You timidly, succeed in signing a contract with Glaxosmithkline, yes, and
You also in two thousand six enter into an agreement with Pfizer related to their use of their technology. Yes, Elizabeth confirm she talked about these agreements with investors when she was raising money for the company and two thousand sex Elizabeth so said. She conducted a demonstration of her technology for Novartis after them. Sensation. She emailed her team a message that we shared with the court in it Elizabeth wrote, we nailed this one, you I didn't incredible job in making this happen. This is the third no way with the in seemingly in her sales. In late, two thousand sex Elizabeth raised another round of financing Don Lucas crystals guess and Larry Alison invested. It was all So when Allen Iverson meant gotten about before that thence could go on. The clock ran out and court had to adjourn for the weekend when court finished One of the courtroom had changed. I saw many
people in the court and it turned to each other and then try to break it down and just look at each other and and disbelieve as to what they just heard Elizabeth laughed the court our hand in hand with her partner, Billy Evans, when asked if she thought she'd be acquitted, visited China with a little she turned and gave what looked like a slight nod to the reporter next week, Elizabeth returns to the stand, Alan Craig, Burke says Elizabeth former boyfriend and there are no seo sunny by Ahwahnee may take centre stage in her testimony.
I do know based on what she has to raise as she's going to blame sunny in certain ways for what was happening at their nose and some of the problems at the lag. So the defences clearly going to raise the issue of it was his unease fault. He was the one who knew what was going on and either didn't tell Elizabeth HOMES clearly what the problems were or misrepresented them. What we don't know yet is whether, in addition to that, defends, she's going to raise the intimate partner abuse issue, because she can raise that first offence without going into intimate partner abuse, and we won't know till she develops her direct examination, whether she is actually going to insert that into the trial Sonny denies all allegations of abuse tune in it
Ex Tuesday to hear how it all unfolds Elisabeth homes and sunny about wanting, did not respond or decline. To comment for this pact cast summit here including court depositions, were added for clarity and time
The drop out Elizabeth homes on trial is written in reported by Victoria Thompson. Taylor done and me Victoria's the executive producer Taylor and I are producers for a busy audio Susie Louis producer and Madeline Wood and Marvel blocky are associate producers deah, often and miles Cullen. Our court producers for a vcr business unit or associate producer is Victor or donors, and our production assistant is lame, wit. Mixing in scoring is by Susie Loo and Evan Viola, Avenant, so compose the music for the drop out. Our work is by Teddy blanks at chips and why and separate constant for Asia, Audio Liz Alessi as executive producer special thanks, Josh Cohen Elizabeth Rousseau, Theon Rosenberg, Eric Opera and station issue.
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Transcript generated on 2021-11-23.