On Tuesday, a mistrial was formally declared for three counts of fraud against Theranos founder Elizabeth Holmes. But for four counts of defrauding investors and conspiracy, one juror said her guilt was decided after the third day of deliberation, according to an interview with ABC.
Holmes "owned everything," Wayne Kaatz, juror No. 6 in the trial, told ABC in an interview, which he said made her culpable. The jury also found her testimony, for the most part, not credible, he said.
It also didn’t take the jury long to decide to acquit Holmes on the counts of fraud against patients, since she was "one step removed,” he said, and not directly responsible.
For three of the counts, no verdict could be rendered — an argument that lasted several days, Kaatz said. Though Judge Edward Davila ordered the jurors to continue deliberating on the counts Monday afternoon, the group could not come to a unanimous consensus. Davila declared a mistrial on Monday, which was formalized Tuesday.
"We were very saddened. We thought we had failed," Kaatz told ABC.
"Everyone spoke their mind, and we were all still exactly where we all were when we started, and we had nowhere else to go, nothing else to say. That's why we came in with the verdicts we did," Kaatz added.
Each count is punishable by up to 20 years in prison, which will likely be served concurrently. Her sentencing hearing has not yet been scheduled.
The trial for Sunny Balwani, former president of the startup, is set to begin on Feb. 15. The trial was originally set to take place mid-January, but was delayed as Holmes’ trial took longer than expected.
Climate TRACE's data show emissions at the facility-level.Image: Climate TRACE