By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Nov 4 – The Elizabeth Holmes / Theranos trial has much to recommend it. Mad Dog Mattis spinning, and many podcasts covering it weekly. And now, a juror admitting playing Sudoku during the endless examination - and dismissed, leaving only two alternates.
It is reminiscent of trials in the U.S. District Court for the Southern District of New York, such as the US v. Neil Cole trial, recently concluded in a mistrial, where jurors struggled to stay awake as email after spread sheet were posted on their screens.
There is another echo, or connector. While SDNY heats up for "Maximum Maxwell" - the trial of Ghislaine Maxwell on sex trafficking charges - lawyer David Boies is in the mix, representing victims on conference calls about if not with Prince Andrew. Previously, he'd been name checked but not cross examined in the case against Michael Avenatti, representing Nike.
But promoting Theranos' dubious technology and stock, and threatening those who investigated it, is a differently look. Now on November 3 in the Elizabeth Holmes trial, a previously Cravath Swaine & Moore LLP partner has testified that he invested $6 million into the company after Boies assured him the technology was "absolutely sound and performing well." What, with third party Siemens machines secretly used? West meets East.
On September 30 journalist John Carreyrou of the WSJ filed a motion trying to get off Holmes' witness list, or for an exemption so he can nevertheless enter the courtroom. Alongside those legal issues, there's this from the motion returnable October 18:
"The Supreme Court has long recognized that the press and public enjoy a First Amendment “right of access to criminal trials.” Globe Newspaper Co., 457 U.S. at 604-05 (emphasis removed). Steeped in Anglo-American jurisprudence is the principle that “throughout its evolution, the trial has been open to all who cared to observe,” as criminal trials are “presumptively open.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 564, 575 (1980). Indeed, a trial courtroom is “a public place where the people generally – and representatives of the media – have a right to be present.” Id. at 578. 8 Carreyrou does not suggest that the Court has entirely shut down or closed the trial in this action. Far from it; the Court has made efforts to ensure general access. But, unless he is exempted, Carreyrou will be the only member of the news media especially barred from attending the trial and reporting firsthand on its proceedings."
For Inner City Press, the only media banned from the United Nations and for 1319 days now, it also stands in contrast to the recent R.Kelly trial in EDNY in Brooklyn, where ALL media and public were banned from the courtroom, which (as Judge Davila has for some reason done in US v. Holmes) no listen-only call in line.
The sudden lack of call-in lines is being repeated in US v. Maxwell; Inner City Press questioned and opposed it in an October 29 filing that has yet, as of November 3, to be docketed.
New coverage of the Holmes trial, for example by The Dropout, belatedly details Juror 5 being bounced for playing Sudoku during testimony.
The trial coverage can also again be compared, at SDNY, with the lower profile fraud trial of Neil Cole of Iconix for inflating earnings and selling $28 million of stock (Inner City Press song here), and Lev Parnas (song here, and sidearm threat podcast, and Substack on racist video-gate). It deserves it own song, like this one (October 31) on Maxwell to the Max:
Carreyrou is back, on Theranos' use of Siemens machines. We'll have more on these issues.
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