Elizabeth Holmes’ psychological evaluation may be unsealed in Theranos trial

The results of Elizabeth Holmes ’psychological evaluation could potentially be dismissed by the presiding judge on her criminal fraud trial.

A Dow Jones & Company, published in the Wall Street Journal, has filed a lawsuit to make the seal records public. The depositor argues the public has a First Amendment right to view “any portion of the documents that describes or discusses the defendant’s alleged mental or psychological condition.”

Legal experts have speculated that Holmes ’defense team might indicate he was dealing with a mental health issue while serving as CEO of Theranos. U.S. District Judge Edward Davila allowed the psychological assessment conducted last year after the defense suggested they could call a trauma expert at the stand to testify about a possible “mental illness or injury.”

Assistant U.S. Attorney Kelly Volkar told CNBC the prosecution supports the filing, as they also want to see sealed the psychological assessment in order to inform their legal strategy.

Volkar told CNBC. “The main thing we are concerned with is to continue to seal at the current level to include the same high-level topics including Ms. Holmes’ rule.22 defense and that is to prevent government trial preparation, ”Volkar told CNBC. Rule 12.2 refers to a mental health defense.

“The question is how far is the seal going,” Volkar added.

Theranos, once valued at $ 10 billion, was the idea of ​​then-19-year-old Stanford to leave Holmes school. The company promised near-instant results from blood tests, offering patients a cheap and fast way to get information about health decisions.

According to Holmes, his company’s technology needs just a pinprick of blood to run a range of tests, ending the lab industry’s expensive and slow lab results. The idea was so appealing that big names like former secretaries of state Henry Kissinger and George Shultz and retired General James Mattis were on Theranos’s board.

But it was all an illusion. The technology, as published, did not exist. In some cases, Holmes later admitted to an oath deposit, blood from unsuspecting patients – in tubes, not in pinpricks – was sent to Theranos labs and run on standard equipment.

Holmes ’legal team argued that the company’s claims were too“ vague ”to mislead patients, while prosecutors claimed that patients made medical decisions based on false test results. Prosecutors accused Holmes and his business (and then-romantic) partner Ramesh “Sunny” Balwani of deliberately misleading consumers, investors and healthcare professionals about what the products could do.

After a series of delays, one of which was due to Holmes giving birth to her first child in July, the criminal trial will begin 31 August.

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