Elizabeth Holmes, founder of Theranos Inc., exits federal court in San Jose, California, U.S., on Tuesday, Dec. 21, 2021.
David Paul Morris | Bloomberg | Getty Images
SAN JOSE, Calif. — The 12 jurors tasked with deciding the fate of Elizabeth Holmes told federal Judge Edward Davila on Monday morning that they’re unable to come to a unanimous verdict on three of the charges facing the Theranos founder.
Davila responded by calling the jurors into the courtroom and giving them a so-called Allen charge, an order for a deadlocked jury to continue deliberations. Should jurors fail to come an agreement, they could still reach a partial verdict on the remaining counts.
Holmes arrived at the San Jose, California, courthouse on Monday alongside her parents and her partner, Billy Evans. It’s her first appearance in the courtroom since Dec. 23, the last time the jury indicated it had a note for Davila. Holmes is staying at a hotel across the street and only shows up in the courtroom now when a notice is posted for the judge.
The jury has been deliberating for about 46 hours over seven days. They were handed the case on Dec. 17, following a three-month trial that featured 32 witnesses, mostly called by the prosecution. Holmes, 37, was the primary witness in her defense.
Davila read jury instruction No. 2 to the jurors on Monday. The instruction reminds them that Holmes is innocent until proven guilty and that the burden of proof is on the government.
It’s just the third time that jurors have produced a note for Davila. The first was on Dec. 21, when they asked if they could take instructions home for review. Davila declined the request, and said all deliberations must take place on-site. Two days later, they asked to listen to audio that they’d previously heard during the trial of Holmes and her conversations with some investors in the failed blood-testing company.
Jurors last convened on Wednesday. Having not arrived at a verdict at that point, they took the rest of the week off for the New Year’s holiday.
Holmes, who is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud, faces up to 20 years in prison if convicted. She has pleaded not guilty.
After Davila sent the jury back into deliberations, Holmes walked over to her family seated in the next row back. She embraced Evans and her mom, and her dad then kissed her on the forehead.