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Jury in Elizabeth Holmes trial deadlocked on 3 of 11 counts


Former Theranos founder and CEO Elizabeth Holmes goes through security after arriving for court at the Robert F. Peckham Federal Building on September 17, 2021, in San Jose, California.
Enlarge / Former Theranos founder and CEO Elizabeth Holmes goes through security after arriving for court at the Robert F. Peckham Federal Building on September 17, 2021, in San Jose, California.

Jurors in the Elizabeth Holmes criminal trial have been unable to reach a verdict in three of the 11 counts of fraud she has been charged with, according to a note read in court today.

Eight men and four women have been deliberating for more than 40 hours over six days, much of which occurred before an extended holiday weekend. Today is their first day back from break.

It’s unclear what decision the jury reached in the eight counts they have been able to agree on. 

Judge Edward Davila reread part of the instructions he previously gave the jury, ones that outline the burden of proof to overcome the presumption of innocence. Davila also read to the jury a modified version of model instructions that are given to deadlocked juries. The original model instructions read as follows:

Members of the jury, you have reported that you have been unable to reach a unanimous verdict in this case. I have decided to suggest a few additional thoughts to you.

As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience. Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. During your deliberations, you should not hesitate to reexamine your own views and change your opinion if you become persuaded that it is wrong. You should not, however, change an honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict.

I also remind you that in your deliberations you are to consider the instructions that I have given you as a whole. You should not single out any part of any instruction, including this one, and ignore others. They are all equally important.

What I have just said is not meant to rush you or pressure you into agreeing on a verdict. Take as much time as you need to discuss things. There is no hurry.

I ask that you now return to the jury room and continue your deliberations with these additional comments in mind.

After hearing the new instructions, the jury was sent back to deliberate the three charges further.



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