After over 45 hours of deliberation, the jury in the trial of Theranos founder Elizabeth Holmes said in a note on Monday they “are unable to come to a unanimous verdict on three of the counts.”
Judge Edward. J. Davila read the jury a deadlock instruction, reiterated Holmes’ presumption of innocence, and sent the 12 back to the deliberation room to continue weighing the three counts of fraud on which they could not agree.
The jurors are tasked with weighing 11 fraud charges leveled against Holmes following weeks of witness testimony from insiders who worked at the blood-testing startup, and patients and investors who prosecutors say were defrauded by the Theranos founder once lauded as the next Steve Jobs.
Holmes, 37, is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud. She could face decades in prison if convicted.
If the jury cannot come to a unanimous verdict on the three counts, a mistrial will be declared on those charges, according to Santa Clara Law professor Ellen Kreitzberg. If they can, however, all agree on the other eight counts, the judge can take those verdicts.
The jury began deliberating on Dec. 20. In the two weeks since, which included some time off for holidays, they have been largely quiet. In seven days of deliberations before the note Monday, they sent only two notes and have been publicly quiet since Dec. 23.
Of the three notes, this is the first substantive indication of where the jury stands. The first two notes included requests to take the jury instructions home and to listen to a recording of a pitch call Holmes had with investors.
