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personpersonKatherine TrefzKatherine TrefzAttorney on Elizabeth Holmes's federal criminal defense team.← All People
DefenseDefense team (Elizabeth Holmes)

Katherine Trefz

Attorney on Elizabeth Holmes's federal criminal defense team.

1,097 lines·28 proceedings·1 mention

About

Katherine Trefz represented Elizabeth Holmes, examining witnesses about patient-test evidence, message records, and the limits of their personal or technical knowledge. She also presented defense evidence about Theranos records and its later technology and regulatory work.

Trefz cross-examined Audra Zachman on her review of Brittany Gould's conflicting HCG results and Theranos's corrective response; Zachman maintained that Gould’s result remained unusual. With Erin Tompkins, Trefz tested recollection and interpretation of differing HIV results while the court limited questions lacking medical foundation. She questioned Mark Burnes about possible laboratory error in a patient's PSA result; he said significant PSA errors were rare.

On digital and financial records, Trefz established through Justin Offen that matching message timestamps did not prove which message was viewed first. Roberto Amenta acknowledged that retrieving wire records gave him no personal knowledge of why the transfers were made or authorized. Trefz also sought more context for Holmes-Balwani messages under Rule 106; the court admitted some proposed additions and excluded others for lack of foundation.

During the defense case, Trefz presented Trent Middleton's summaries of patent, financial, investment, test-menu, and laboratory records, subject to limits on admissibility. She examined Fabrizio Bonanni about the later Minilab, board discussions, and quality and compliance reforms. On redirect, she established that he had not independently reviewed an earlier decision to void test results.

Trial Record (28)

FederalFederal Criminal TrialAug 31, 2021 – Jan 3, 2022

Katherine Trefz represented Elizabeth Holmes, cross-examining witnesses on patient-test evidence and the limits of digital and wire records while presenting defense witnesses on Theranos records, technology, and later regulatory work. She repeatedly sought contextual completeness and stricter foundation for messages and patient evidence, with the court sometimes limiting questions or leaving objections unresolved.

Jury Selection Day 1

Day 9

ProceduralEvidentiary Hearing28lines spoken

Summary

The court set an initial protocol for displaying selected Holmes-Balwani messages, confirmed limits on customer-impact testimony, and addressed corrected test reports without deciding all message-specific objections.

Day 10

Day 18

Day 19

Day 21

Day 22

Day 26

Day 27

ProceduralSupplemental Argument on Motion to Exclude BB Testimony1highlight3lines spoken

Summary

The government offered to postpone Patient BB's proposed platelet-test testimony, while the defense argued that more preparation time would not cure its asserted notice problem; no ruling was announced.

Highlights (1)

Quote“THE FACT THAT WE COULD POTENTIALLY COME UP WITH AN ARGUMENT SIMPLY DOES NOT FIX THE ISSUE.”— Katherine TrefzThe defense succinctly stated why it viewed additional preparation time as insufficient to cure its asserted notice problem.Open in transcript →

Day 34

CrossErin Tompkins — CrossErin TompkinsKatherine Trefz1highlight28lines spoken

Summary

Tompkins recalled Theranos's lower cost and a later refund before an objection halted cross-examination and prompted a dispute over physician statements, scientific foundation, and the meaning of differing HIV test results.

Highlights (1)

Quote“I DON'T THINK THAT TWO TESTS THAT ARE RUN POTENTIALLY ON DIFFERENT METHODS -- I BELIEVE THEY ARE, BUT THAT'S NOT EVIDENCE IN THE CASE -- BUT TWO TESTS THAT ARE RUN ON DIFFERENT METHODS IS INHERENTLY INCONSISTENT.”— Katherine TrefzDefense counsel challenged the premise that the Theranos and subsequent results necessarily conflicted, while expressly acknowledging that the asserted difference in methods was not evidence in the record.Open in transcript →

Day 35

CrossMark Burnes — CrossMark BurnesKatherine Trefz132lines spoken

Summary

Burnes acknowledged Theranos's early appeal, limited his reported use of its testing, and said he knew of no earlier Theranos problem besides Ellsworth's PSA result. He accepted that laboratory errors and method differences occur but characterized significant PSA errors as rare and expected ordinary variation to be small.

Day 36

ProceduralRule 29 Motion and Evidentiary Record Matters42lines spoken

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.