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personpersonJohn D. ClineJohn D. ClineAttorney on Elizabeth Holmes's federal criminal defense team.← All People
DefenseDefense team (Elizabeth Holmes)

John D. Cline

Attorney on Elizabeth Holmes's federal criminal defense team.

1,174 lines·25 proceedings

About

John D. Cline represented Elizabeth Holmes as defense counsel, conducting cross-examinations and handling evidentiary disputes concerning pharmaceutical-company assessments and Roger Parloff's reporting. His questioning repeatedly distinguished limited testing or business reviews from broader claims of validation and examined what information had actually been communicated to Holmes.

On Day 13, Cline questioned Victoria Sung about Theranos materials reviewed by Celgene specialists while establishing limits in her expertise, memory and knowledge of milestone payments. On Day 26, his cross-examination of Constance Cullen developed favorable but limited beta-test results and the absence of contemporaneous negative feedback to Theranos; Cullen maintained that the later validation work would not satisfy regulatory requirements.

Cline also contested the use of Shane Weber's internal Pfizer report, arguing that it contained technical or opinion material and criticism that Pfizer had not communicated to Holmes. The court preserved the defense objection, permitted a redacted first page subject to foundation and allowed later pages to be displayed only as a demonstrative. On Day 23, Cline's cross-examination narrowed Weber's work to a document-based business-use assessment, challenged his account of management agreement through a later interview memorandum and used contemporaneous emails to examine Weber's communications with Holmes and Gary Frenzel.

In proceedings concerning Roger Parloff, Cline disputed the permissible scope of testimony about Parloff's understanding of Holmes's statements, the interview recordings and subpoenaed reporting materials. The court kept the subpoena and reporter's privilege issues under submission, set provisional limits and later admitted part of an interview excerpt under Rule 106 for a limited state-of-mind purpose while excluding the remainder. Across Days 35 and 36, Cline played portions of recorded interviews and examined Parloff's source base, reporting constraints, shorthand notes, recollection of an unrecorded Siemens conversation, memory of a military-use claim and wording in the Fortune article. Parloff confirmed that he consulted numerous sources, denied that competitors supplied the criticisms he presented to Holmes and described the limits of his interview records.

Trial Record (25)

FederalFederal Criminal TrialAug 31, 2021 – Jan 3, 2022

John D. Cline represented Elizabeth Holmes and cross-examined witnesses about whether pharmaceutical work amounted to validation, what criticism had reached Holmes and how Roger Parloff developed and remembered his reporting. He also pressed objections that produced limits on the use of Pfizer and Parloff materials.

Day 13

Day 18

Day 19

Day 21

ProceduralAdmissibility Hearing β€” Pfizer Internal Report1highlight7lines spoken

Summary

The parties disputed admission of an internal Pfizer assessment, focusing on technical material, critical language, and the difference between Pfizer's private conclusions and what Holmes was told; the court deferred a ruling.

Highlights (1)

Quoteβ€œWITH ALL DUE RESPECT TO MR. LEACH, THAT'S THE BEST EVIDENCE OF MS. HOLMES'S KNOWLEDGE AND INTENT, WHAT SHE WAS ACTUALLY TOLD, NOT SOME INTERNAL PFIZER DOCUMENT THAT IS HARSHLY CRITICAL BUT NEVER GOES TO HER.”— John D. ClineDefense counsel framed the central distinction between information communicated to Holmes and Pfizer's uncommunicated internal assessment.Open in transcript →

Day 22

ProceduralAdmissibility Hearing on Dr. Weber's Pfizer Report1highlight11lines spoken

Summary

The defense sought to exclude Dr. Shane Weber's internal Pfizer report as expert material and unfairly prejudicial, while the prosecution argued that it directly rebutted alleged claims of Pfizer validation. The court considered possible redactions but deferred its ruling.

Highlights (1)

Quoteβ€œBUT TO ALLOW IN THIS QUITE PREJUDICIAL INTERNAL REPORT THAT MS. HOLMES, NEITHER MS. HOLMES NOR ANYONE ELSE AT THERANOS EVER SAW UNTIL THIS CASE BEGAN JUST SEEMS PROFOUNDLY UNFAIR TO ME, AND SO THAT'S WHY WE'VE ASKED TO EXCLUDE IT.”— John D. ClineCline stated the defense's central prejudice argument: the jury should not receive an internal report that Holmes and Theranos had not seen.Open in transcript →

Day 23

ProceduralRuling on Shane Weber Report (Exhibit 167)1highlight22lines spoken

Summary

Judge Davila preserved the defense objection to Exhibit 167, allowed a redacted page 1 to be offered subject to foundation, and permitted pages 2 onward to be displayed unredacted only as a demonstrative.

Highlights (1)

Quoteβ€œSO WHEN HE SAYS THE ANSWERS ON THAT NOVEMBER 13TH CALL WERE EVASIVE, DEFLECTIVE, WHATEVER TERMS HE USES, HE'S TALKING ABOUT MS. HOLMES. AND THAT IS A 403 ISSUE, AND I THINK IT'S ALSO A 701 ISSUE ABOUT THE CREDIBILITY OF MS. HOLMES. AND I DON'T THINK THAT'S SHOULD COME IN.”— John D. ClineCline stated the defense theory that Weber's wording operated as an improper credibility assessment of Holmes and should be excluded under Rules 403 and 701.Open in transcript →

Day 24

Day 26

ProceduralHearing on Roger Parloff Testimony and Subpoena1highlight10lines spoken

Summary

The court narrowed but did not resolve disputes over Roger Parloff's anticipated contextual testimony, recordings, and subpoenaed materials, deferring further argument until the next morning.

Highlights (1)

Quoteβ€œIF THE TESTIMONY IS LIMITED AS WE THINK IS APPROPRIATE, I WILL BE EXTRAORDINARILY CONSCIOUS OF DOOR OPENING.”— John D. ClineDefense counsel acknowledged the risk that cross-examination could expand the testimony and affect the asserted need for subpoenaed materials.Open in transcript →

Day 29

ProceduralMotion in Limine Hearing on Roger Parloff Testimony1highlight45lines spoken

Summary

The court considered how far Roger Parloff could explain his understanding of Holmes's statements and their connection to his Fortune article, giving limited guidance while leaving nuanced objections for the testimony.

Highlights (1)

Quoteβ€œI REALLY THINK HE NEEDS TO BE CONFINED TO THE OBJECTIVE FACTS.”— John D. ClineThis sentence distilled the defense's strategy for limiting Parloff's testimony and avoiding subjective interpretations shaped by later events.Open in transcript →

Day 34

Day 35

ProceduralParloff Interview Designation Four Evidentiary Hearing and Ruling1highlight47lines spoken

Summary

The court partially admitted a Parloff interview excerpt under Rule 106 for a limited state-of-mind purpose related to intent, while excluding the remainder as unnecessary context.

Highlights (1)

Quoteβ€œAND THE REASON IS TO SHOW HER STATE OF MIND, THAT SHE IS INFORMING MR. PARLOFF, SHE'S NOT TRYING TO DECEIVE HIM, SHE'S DESCRIBING TO HIM IN THE CONTEXT OF THIS WHOLE CONVERSATION HOW TESTS ARE BROUGHT UP FROM THIS SORT OF R&D STAGE UP INTO THE CLIA LAB AND THEN MADE AVAILABLE TO PATIENTS.”— John D. ClineThe defense expressly connected the interview passage to its argument about Holmes's state of mind and intent rather than the truth of her technical description.Open in transcript →

Day 36