The judge granted in part Holmes motion to exclude evidence referencing her extravagant lifestyle outside of her position as chief executive of the blood-testing start-up. The Government may introduce evidence that Holmes enjoyed a lifestyle as Theranos CEO that is comparable to those of other tech company CEOs. This includes salary, travel, celebrity, and other perks and benefits commensurate with the position, Davila wrote in the filing.
However, references to specific purchases or details reflecting branding of clothing, hotels, or other personal items is not relevant, and the prejudicial effect of that evidence outweighs any probative value, the judge added.
Jurors in Elizabeth Holmes Trial Can Hear Some Evidence About Extravagant Lifestyle as Theranos CEO
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Jurors in Elizabeth Holmes Trial Can Hear Some Evidence About Extravagant Lifestyle as Theranos CEO
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Ex-Theranos CEO Vies To Shield Jury From Wealth, Reportage
Law360 (May 6, 2021, 10:45 PM EDT) Former Theranos CEO Elizabeth Holmes team of lawyers urged a California federal judge Thursday to keep evidence of her luxury lifestyle and news coverage of her now-defunct blood-testing startup out of her upcoming criminal fraud trial, but prosecutors said the evidence shows that money and fame motivated Holmes deception. What she wore, where she stayed, how she flew, what she ate has nothing to do with this trial, Holmes attorney Kevin M. Downey of Williams & Connolly LLP told U.S. District Judge Edward Davila, warning that if that type of evidence comes up at trial, the defense will have to counter it with.