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Elizabeth Holmes- Case Archive
personpersonGerald AsinGerald AsinPhysician whose patient records were the subject of a trial subpoena.← All People
Witness

Gerald Asin

Physician whose patient records were the subject of a trial subpoena.

AppearedFederal Criminal Trial
5 lines·10 proceedings·10 mentions

About

Gerald Asin appeared during the prosecution case in connection with medical records subpoenaed by the defense concerning his patient, Erin Tompkins. He identified himself and lodged the records with the courtroom deputy, but did not provide substantive testimony about Tompkins's HIV-related results.

Asin's absence as a substantive witness became part of the dispute over whether a physician or another qualified witness was needed to interpret the reports. Laboratory reports in his files later supported calculations presented by a defense summary witness, although that witness did not know why the patients visited Theranos or whether Asin had directed them there. The available proceedings do not include Asin's own interpretation of those results.

Trial Record (10)

FederalFederal Criminal TrialAug 31, 2021 – Jan 3, 2022

Gerald Asin appeared to lodge subpoenaed medical records concerning his patient Erin Tompkins but gave no substantive testimony. His files and reported communications later figured in disputes over scientific foundation, summary evidence, hearsay, and an email admitted by the court.

Day 34

Day 35

ProceduralDr. Asin Records Subpoena and Tompkins Examination Scope1highlightMentioned5lines spoken

Summary

The court limited questions about Erin Tompkins's physician communications and received records that Gerald Asin produced under a defense subpoena outside the jury's presence.

Mentioned in this proceeding.

Highlights (1)

evidence eventGerald Asin appeared outside the jury's presence and lodged a folder of records produced under the defense subpoena with the courtroom deputy.Open in transcript →

Day 36

ProceduralRule 29 Motion and Evidentiary Record MattersMentioned

Summary

The defense renewed challenges to the CMS report, Erin Tompkins's HIV-result evidence, and evidence affected by the unavailable LIS database. Holmes also made a Rule 29 motion, which the court took under submission, and the court limited the defense's patent summary to applications filed through 2016 before the defense called Trent Middleton.

Mentioned in this proceeding.

DirectTrent Middleton — DirectTrent MiddletonKatherine Trefz1highlightMentioned

Summary

Trent Middleton presented defense summaries of voluminous Theranos patent, financial, investment, test-menu, and laboratory records. He explained the limits of his calculations, while the court admitted several summaries, restricted others, and excluded two proposed email exhibits.

Mentioned in this proceeding.

Highlights (1)

rulingThe court admitted only page 1 of the Dr. Asin records summary and excluded page 2 for lack of foundation. Middleton testified that the admitted summary reflected 233 people, 490 visits, and 1,969 tests in the Theranos reports he reviewed.Open in transcript →

Day 39

ProceduralHearing on Renewed Motion to Admit Exhibit 142591highlightMentioned

Summary

The defense renewed its request to admit the E.T. test-results email as a business record. The government raised embedded-hearsay and foundation concerns, and the court deferred a ruling while considering redaction and further review.

Mentioned in this proceeding.

Highlights (1)

confrontationThe government opposed admission, distinguishing the exhibits and arguing that TX 14259 contained a secondhand account of non-testifying physician Gerald Asin's view; the court explored whether redaction or a limitation could address that concern.Open in transcript →

Day 40

Day 47