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Prosecution witness stands by testimony in Holmes trial

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FILE - Former Theranos CEO Elizabeth Holmes, center, her mother, Noel Holmes, left, and father, Christian Holmes IV, arrive at federal court in San Jose, Calif., on Sept. 1, 2022. On Monday, Oct. 17, disgraced Theranos CEO Holmes will play one of her last cards to avoid a prison sentence when a federal judge questions a key prosecution witness who expressed post-trial regrets about testimony that helped convince a jury to convict her for investor fraud.(AP Photo/Jeff Chiu, File)

SAN JOSE, Calif. (AP) — Former Theranos lab director and prosecution witness Adam Rosendorff stood by his earlier testimony in a court appearance Monday. Rosendorff made an uninvited visit to Holmes' Silicon Valley residence in August, where he spoke with her partner William Evans and, according to Evans' recollection of the incident, said he felt he had “done something wrong” and expressed regrets about his testimony.

Under questioning by U.S. District Judge Edward Davila, Rosendorff said he stood by all his testimony in his trial and was truthful. He said he felt remorseful about the possibility that Holmes' young child with Evans would be without her mother if Holmes is sentenced to prison.

Rosendorff added, without explanation, that “it is my understanding she is pregnant again.” The Associated Press has not verified that information.

Under grilling by Holmes attorney Lance Wade, Rosendorff said flatly: “The government was trying to get to the truth of what happened -- what Elizabeth Holmes did.”

“I don’t want to help Ms. Holmes," Rosendorff added. "The only person that can help her is herself. She needs to pay her debt to society.”

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

SAN JOSE, Calif. (AP) — Disgraced Theranos CEO Elizabeth Holmes on Monday will play one of her last cards to avoid a prison sentence when a federal judge questions a key prosecution witness who expressed post-trial regrets about testimony that helped convince a jury to convict her for investor fraud.

That witness, former Theranos lab director Adam Rosendorff, made an uninvited visit to Holmes' Silicon Valley home in August. While he didn't speak to Holmes directly, Rosendorff told her partner William Evans that “he tried to answer the questions honestly but that the prosecutors tried to make everyone look bad” and felt “he had done something wrong,” according to Evans' recollection of the conversation filed with the court.

Prosecutors have scoffed at the notion that Rosendorff's attempt to see Holmes casts any doubts on his testimony.

U.S. District Judge Edward Davila said during a Zoom hearing Friday that he intends to ask Rosendorff a few questions about why he visited Holmes’ home and whether the visit was driven by any doubts about the testimony he gave under oath during six days of the trial last year.

Davila emphasized that he expected the hearing to be brief and limited in scope after quashing a subpoena from Holmes’ lawyers seeking any non-privileged communications about his testimony. “This is not going to be a fishing expedition,” Davila said Friday.

Holmes, 38, is facing up to 20 years in prison for misleading investors about the progress her once-heralded startup Theranos was making with new blood-testing methods. She was supposed to be sentenced Monday, but the judge postponed that hearing once the Rosendorff questions arose. The judge set a new sentencing date for Holmes on Nov. 18.

Michael Liedtke, The Associated Press


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