Choose within the Elizabeth Holmes trial tells jurors they can’t take house directions whereas deliberations proceed


Theranos founder Elizabeth Holmes arrives for her fraud trial in federal court in San Jose, California on December 17, 2021.

Peter DaSilva | Reuters

SAN JOSE, Calif. – After 14 hours of deliberation, the jury in Elizabeth Holmes’ criminal trial Tuesday asked Judge Edward Davila if they could take home instructions for review.

Davila, who led the three-month trial, denied her request.

“The jury is not allowed to take the instructions home to review,” Davila said in the courtroom. “The court regards this as participation in deliberations. All deliberations may only take place in the jury’s deliberation room.”

Holmes’ attorneys and prosecutors agreed. The jury was not present for Davila’s response as she stayed in the jury room.

The jury was handed the case late Friday afternoon after hearing 32 witnesses, mostly from prosecutors. 37-year-old Holmes has been charged with nine wire fraud charges and two conspiracies to commit wire fraud. She was the main defense witness.

Holmes, who pleaded not guilty, faces up to 20 years in prison if convicted. The jury’s inquiry late Tuesday indicated that it may not be an open case in the eyes of the 12 people who will decide Holmes’ fate.

The jury is off tomorrow and is due to resume deliberations on Thursday at 8:30 a.m. PT.

Holmes arrived in the San Jose courtroom on Tuesday with attorneys Lance Wade and Kevin Downey. Her parents and partner Billy Evans were also present, sitting in the row behind her. Holmes hugged Evans shortly after Davila said they were fired for the day.

CLOCK: Jury to win the case in the Elizabeth Holmes trial

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