Jurors in Elizabeth Holmes’ trial raise concerns about questionnaires with personal information being released

A defense attorney for embattled Theranos CEO Elizabeth Holmes raised the issue of a fair trial amid the possibility of releasing the personal information, beliefs and habits of the jury.

Eleven media companies, including NBCUniversal, are asking the judge to release the jury questionnaires. U.S. District Court Judge Edward Davila initially told jurors that their questionnaire, intended to identify potential bias when selecting a jury, would remain confidential.

Davila met individually with each juror to talk about the release of their personal information.

Kevin Downey, an attorney for Holmes, told the judge on Wednesday they’re concerned that unsealing the jury questionnaires at this point may interfere with Holmes’ right to a fair trial. “Some of the [juror] comments raise concerns,” Downey said.

The jurors completed an extensive 28-page questionnaire that asked them about their media exposure, views on healthcare, venture capital investing, religious beliefs and other topics.

The form also includes the juror’s name, level of education, profession, criminal record and other personal information.

The jury deciding Holmes’ fate consists of eight men and four women as well as three alternates. Last week a juror was removed after disclosing she’s a Buddhist and had concerns over voting for a prison sentence.

Holmes, a Stanford dropout who founded Theranos at 19 years old, is facing up to 20 years in prison and a $3 million fine if convicted.

Prosecutors allege she engaged in a multi-million dollar fraud misleading investors and patients about her company’s blood-testing technology. Holmes has pleaded not guilty.

At its height, Theranos was valued at $9 billion. Holmes once attracted world leaders in business and politics who invested in Theranos and served on the board of directors. Many of those are witnesses in her criminal trial.

Former Walgreens Chief Financial Officer, Wade Miquelon, took the stand following the morning delay. Miquelon told jurors that Walgreens invested $140 million in Theranos, putting the Edison blood-testing devices in 40 stores across Arizona and California.

Miquelon testified that he was told the in-store testing centers “would be better, faster, cheaper.” The executive, who worked at Walgreens from 2008 to 2014, said his understanding was that customers’ “blood would be tested on the Edison device.”

Walgreens terminated its partnership with Theranos in 2016 and ultimately sued the Silicon Valley startup for breach of contract.

Miquelon was the second retail executive that jurors heard from in the trial. The former CEO of Safeway, Steve Burd, testified for two days about initially being charmed by Holmes but grew frustrated with the nearly $400 million partnership after repeated delays in the rollout.

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