WEBVTT 00:00:00.000 --> 00:00:01.410 align:middle line:90% ZACH GUZMAN: Welcome back. 00:00:01.410 --> 00:00:03.930 align:middle line:84% The trial of the Theranos founder Elizabeth Holmes 00:00:03.930 --> 00:00:07.320 align:middle line:84% continuing and looking like her testimony 00:00:07.320 --> 00:00:09.450 align:middle line:90% might be wrapping up today. 00:00:09.450 --> 00:00:11.770 align:middle line:84% Potentially, the defense resting later this week, 00:00:11.770 --> 00:00:13.830 align:middle line:84% and for more on what we've been seeing in that trial, 00:00:13.830 --> 00:00:16.620 align:middle line:84% I want to bring on Yahoo Finance's Alexis Keenan, who's 00:00:16.620 --> 00:00:17.940 align:middle line:90% been tracking that one for us. 00:00:17.940 --> 00:00:21.090 align:middle line:84% And Alexis, when we look at the cross-examination here, 00:00:21.090 --> 00:00:22.740 align:middle line:84% you know, I mean, a lot of people 00:00:22.740 --> 00:00:24.530 align:middle line:84% maybe didn't expect Elizabeth Holmes to even 00:00:24.530 --> 00:00:25.830 align:middle line:84% be up there on the stand, but what have 00:00:25.830 --> 00:00:27.707 align:middle line:90% you made of what we've seen? 00:00:27.707 --> 00:00:29.040 align:middle line:84% ALEXIS KEENAN: Yeah, Zach, you're right, 00:00:29.040 --> 00:00:33.450 align:middle line:84% and look, she's surprised a lot of criminal defense attorneys, 00:00:33.450 --> 00:00:36.210 align:middle line:84% seasoned criminal defense attorneys, and also, 00:00:36.210 --> 00:00:38.700 align:middle line:84% even the prosecution, who projected 00:00:38.700 --> 00:00:40.410 align:middle line:84% that she would not take the stand 00:00:40.410 --> 00:00:42.400 align:middle line:90% in some early court documents. 00:00:42.400 --> 00:00:46.230 align:middle line:84% So taking her defense in her, her own words really 00:00:46.230 --> 00:00:48.090 align:middle line:90% here is super high-stakes. 00:00:48.090 --> 00:00:50.940 align:middle line:84% The charges that Elizabeth Mahomes is facing 00:00:50.940 --> 00:00:54.990 align:middle line:84% carry 20 years, potentially, up to 20 years in prison. 00:00:54.990 --> 00:00:58.530 align:middle line:84% That is criminal fraud and criminal conspiracy charges. 00:00:58.530 --> 00:01:03.660 align:middle line:84% Now, today could be the final day of her cross-examination 00:01:03.660 --> 00:01:06.420 align:middle line:84% by US Assistant Attorney Robert Leach. 00:01:06.420 --> 00:01:09.720 align:middle line:84% She's been on the stand testifying for several days 00:01:09.720 --> 00:01:11.520 align:middle line:90% in that cross-exam. 00:01:11.520 --> 00:01:14.940 align:middle line:84% Now, the trial is being held in San Jose's federal courthouse. 00:01:14.940 --> 00:01:17.520 align:middle line:90% It's now in the 14th week. 00:01:17.520 --> 00:01:20.940 align:middle line:84% Her early testimony with her own prosecu-- 00:01:20.940 --> 00:01:23.310 align:middle line:84% with her own attorney rather, that started, 00:01:23.310 --> 00:01:25.320 align:middle line:90% already, now several weeks ago. 00:01:25.320 --> 00:01:27.540 align:middle line:84% Now, the end of Holmes' testimony, 00:01:27.540 --> 00:01:30.720 align:middle line:84% it really means that her case could be nearing 00:01:30.720 --> 00:01:34.290 align:middle line:84% its conclusion, which would mean it would then, eventually, very 00:01:34.290 --> 00:01:36.570 align:middle line:84% close from then, be handed over to a jury, 00:01:36.570 --> 00:01:38.820 align:middle line:84% possibly, as early as the end of this week. 00:01:38.820 --> 00:01:41.700 align:middle line:84% But it's still really too early to know that. 00:01:41.700 --> 00:01:43.230 align:middle line:90% Her defense team-- 00:01:43.230 --> 00:01:47.370 align:middle line:84% Holmes' defense team has listed 200 plus potential witnesses 00:01:47.370 --> 00:01:50.410 align:middle line:84% on their witness list, so we could hear from others. 00:01:50.410 --> 00:01:53.190 align:middle line:84% It doesn't necessarily mean that the end of her case 00:01:53.190 --> 00:01:56.020 align:middle line:84% will end with Elizabeth Holmes' own words. 00:01:56.020 --> 00:01:58.350 align:middle line:84% Now, it's going to come down here though to 00:01:58.350 --> 00:02:02.190 align:middle line:84% whether or not the jurors believe that Holmes intended 00:02:02.190 --> 00:02:06.990 align:middle line:84% to lie or omit information about the capabilities of her once 00:02:06.990 --> 00:02:10.500 align:middle line:84% very, very popular and very promising, at one time, 00:02:10.500 --> 00:02:12.720 align:middle line:90% blood testing company Theranos. 00:02:12.720 --> 00:02:16.290 align:middle line:84% What they believe about whether she intended to admit 00:02:16.290 --> 00:02:18.540 align:middle line:90% or lie about her company-- 00:02:18.540 --> 00:02:20.880 align:middle line:84% that's what's really at stake here. 00:02:20.880 --> 00:02:24.660 align:middle line:84% And they would have to believe that she made those omissions, 00:02:24.660 --> 00:02:26.550 align:middle line:84% purported omissions, or lies in order 00:02:26.550 --> 00:02:30.250 align:middle line:84% to take money from investors or from paying patients. 00:02:30.250 --> 00:02:33.090 align:middle line:84% So she is facing nine counts of wire fraud here, 00:02:33.090 --> 00:02:35.580 align:middle line:90% two counts of conspiracy. 00:02:35.580 --> 00:02:37.470 align:middle line:84% But bottom line here, the prosecution 00:02:37.470 --> 00:02:40.440 align:middle line:84% has a really tough job, but so does Elizabeth Holmes. 00:02:40.440 --> 00:02:42.810 align:middle line:84% And so far, on the stand, she's faced 00:02:42.810 --> 00:02:45.510 align:middle line:84% a lot of tough cross-examination that I'm 00:02:45.510 --> 00:02:48.570 align:middle line:84% sure she's hoping that her attorneys can clean up 00:02:48.570 --> 00:02:50.250 align:middle line:90% a bit when they come back in. 00:02:50.250 --> 00:02:52.200 align:middle line:84% They'll get the chance to ask her questions again, 00:02:52.200 --> 00:02:53.980 align:middle line:90% as well, Zach. 00:02:53.980 --> 00:02:55.980 align:middle line:84% ZACH GUZMAN: Yeah, and I guess, you know, too, when it comes 00:02:55.980 --> 00:02:58.890 align:middle line:84% down to the defense, you kind of discussing it around 11 counts 00:02:58.890 --> 00:03:01.110 align:middle line:84% of wire fraud and conspiracy, you got, 00:03:01.110 --> 00:03:04.170 align:middle line:84% you got to prove, I guess, that you know-- 00:03:04.170 --> 00:03:05.850 align:middle line:84% it seems like they've been leaning in on the idea 00:03:05.850 --> 00:03:09.420 align:middle line:84% that a lot of people have been guiding her and, I guess, 00:03:09.420 --> 00:03:11.100 align:middle line:84% misguiding her around some of this, 00:03:11.100 --> 00:03:14.340 align:middle line:84% and that she, she didn't kind of have that intent to mislead 00:03:14.340 --> 00:03:18.480 align:middle line:84% anybody here, which seems rather important to how the jury might 00:03:18.480 --> 00:03:19.350 align:middle line:90% decide this case. 00:03:19.350 --> 00:03:21.990 align:middle line:84% I mean, what have you seen, maybe, standing out in the way 00:03:21.990 --> 00:03:25.660 align:middle line:84% that the defense could be holding up based on the facts? 00:03:25.660 --> 00:03:29.530 align:middle line:84% ALEXIS KEENAN: Yeah, so the tact that Holmes took here was 00:03:29.530 --> 00:03:34.120 align:middle line:84% to say, look, I was the CEO and yes, the buck stops with me, 00:03:34.120 --> 00:03:37.340 align:middle line:84% but I relied on others, and particularly, other executives 00:03:37.340 --> 00:03:38.140 align:middle line:90% at the company. 00:03:38.140 --> 00:03:41.650 align:middle line:84% She talked a lot about former laboratory directors, 00:03:41.650 --> 00:03:45.520 align:middle line:84% and the defense did show that they did have communications 00:03:45.520 --> 00:03:49.060 align:middle line:84% with Holmes saying that, look, here are some glowing reports. 00:03:49.060 --> 00:03:50.890 align:middle line:84% Here are some positive things about what 00:03:50.890 --> 00:03:53.200 align:middle line:84% our technology, what this blood testing 00:03:53.200 --> 00:03:56.260 align:middle line:84% technology is doing, so she said, she relied 00:03:56.260 --> 00:03:57.460 align:middle line:90% on those representations. 00:03:57.460 --> 00:04:00.760 align:middle line:84% She also talked a lot about relying on the representations 00:04:00.760 --> 00:04:03.580 align:middle line:84% of her former CEO Sunny Balwani, who was 00:04:03.580 --> 00:04:05.890 align:middle line:90% also her longtime boyfriend. 00:04:05.890 --> 00:04:08.200 align:middle line:84% She had a couple of different ways of pushing 00:04:08.200 --> 00:04:10.030 align:middle line:90% some blame over to Balwani. 00:04:10.030 --> 00:04:13.720 align:middle line:84% One was that as an executive, she relied on him, including 00:04:13.720 --> 00:04:15.970 align:middle line:84% in dealings with potential partners 00:04:15.970 --> 00:04:18.430 align:middle line:84% and one-time partner Walgreens, a potential partner, 00:04:18.430 --> 00:04:20.649 align:middle line:90% another one Safeway, and others. 00:04:20.649 --> 00:04:23.780 align:middle line:84% But also she brought about abuse allegations, 00:04:23.780 --> 00:04:26.950 align:middle line:84% saying that he was physically abusive and emotionally 00:04:26.950 --> 00:04:29.290 align:middle line:84% abusive, and that that really impacted 00:04:29.290 --> 00:04:34.000 align:middle line:84% the leadership that she was trying to give to her company. 00:04:34.000 --> 00:04:37.930 align:middle line:84% Whether or not jurors will buy that-- big question. 00:04:37.930 --> 00:04:40.960 align:middle line:84% Also, I'm really a little bit surprised here that we 00:04:40.960 --> 00:04:42.610 align:middle line:84% haven't seen too much-- and granted, 00:04:42.610 --> 00:04:45.100 align:middle line:84% I'm not sitting in the courtroom anymore, I was-- 00:04:45.100 --> 00:04:49.000 align:middle line:84% but we haven't seen her really bring out the fact too strongly 00:04:49.000 --> 00:04:50.800 align:middle line:90% that she is a new mother. 00:04:50.800 --> 00:04:54.250 align:middle line:84% Certainly, a group of 12 jurors, no matter their background 00:04:54.250 --> 00:04:56.480 align:middle line:84% would take that into consideration. 00:04:56.480 --> 00:04:59.530 align:middle line:84% So I'm listening to see-- will that come out? 00:04:59.530 --> 00:05:00.880 align:middle line:84% That she has this brand new baby, 00:05:00.880 --> 00:05:03.490 align:middle line:84% and get jurors thinking about what 00:05:03.490 --> 00:05:06.310 align:middle line:84% would be the ramifications of trying to go to prison 00:05:06.310 --> 00:05:09.400 align:middle line:84% and live out a sentence when she has 00:05:09.400 --> 00:05:11.390 align:middle line:90% this infant, new to the world. 00:05:11.390 --> 00:05:12.520 align:middle line:90% So we'll see. 00:05:12.520 --> 00:05:14.763 align:middle line:84% There's still a lot of testimony to go here, Zach. 00:05:14.763 --> 00:05:16.030 align:middle line:84% ZACH GUZMAN: All right, Alexis Keenan, 00:05:16.030 --> 00:05:17.040 align:middle line:90% bringing us the latest there. 00:05:17.040 --> 00:05:19.020 align:middle line:90% Appreciate that.