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Federal Criminal Trialtrial-daytrial-dayvoir_direJury Selection Day 1 - August 31, 2021Jury selection opened with COVID-related excusals and extensive questioning about media exposure, personal experiences, impartiality, and hardship. The court excused several prospective jurors for bias or hardship, removed multiple jurors exposed to Bad Blood or a Theranos podcast, and declined to exclude Ms. Hernandez because of her reported learning difference.
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Jury Selection Day 1 - August 31, 2021

COVID Excusals, Media-Bias Voir Dire, and Cause Rulings

Judge Edward J. Davila
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Jury Selection Day 1

Jury selection opened with COVID-related excusals and extensive questioning about media exposure, personal experiences, impartiality, and hardship. The court excused several prospective jurors for bias or hardship, removed multiple jurors exposed to Bad Blood or a Theranos podcast, and declined to exclude Ms. Hernandez because of her reported learning difference.

Full day summary

Before the prospective jurors entered, the court accepted the parties' agreement to excuse nine unvaccinated candidates for COVID-related hardship and safety concerns, allotted each side one hour for voir dire, and left individual questioning available when a juror's answers warranted privacy. The court then introduced the charges, trial schedule, presumption of innocence, and COVID precautions while addressing hearing, health, and scheduling accommodations. Questioning focused heavily on exposure to books, documentaries, podcasts, news reports, and online coverage of Theranos. Mr. Chuang acknowledged that a documentary had given him a negative view of Elizabeth Holmes but repeatedly said he could decide the case from the evidence. Other prospective jurors disclosed views involving whistleblowers, medical experts, senior executives, law enforcement, charged defendants, and personal experiences with abuse or domestic violence. Roccaforte and Borlik were excused after expressing doubt that they could remain unbiased, while other jurors were released for financial, caregiving, or medical hardship. During later cause and hardship challenges, the court excused three prospective jurors who had read Bad Blood and another who remembered a Theranos podcast's negative portrayal of Holmes. It declined to remove Ms. Hernandez based on her reported learning difference, finding no demonstrated cognitive deficiency. Additional challenges were granted, denied, withdrawn, or deferred, and the court stated that the transcript of the challenge discussions would remain public.

1. Jury Voir Dire — Court and Individual Examination

Jury selection began with procedural agreements and excusals before Panel One underwent court-led, individual, and resumed voir dire concerning media exposure, bias, hardship, and other qualifications.

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Pre-Panel Jury Selection Procedures and Excusals

The court set voir dire procedures, approved COVID and hardship excusals, and addressed the defense's request for private questioning of jurors exposed to publicity.

Voir Dire
Court-Led Voir Dire of Panel One
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The court screened Panel One for accommodations, witness connections, media exposure, and bias, retaining Mr. Chuang for further inquiry after he acknowledged that a documentary had influenced his opinion of the defense.

Voir Dire
Individual Voir Dire of Juror Chuang

Mr. Chuang acknowledged that a documentary gave him a negative view of Elizabeth Holmes but repeatedly said he could set it aside and decide the case only on courtroom evidence.

Voir Dire
Panel One Voir Dire Resumes

The court examined Panel One's media exposure and impartiality, excused two prospective jurors who doubted they could remain unbiased and two for financial hardship, and continued screening for sensitive experiences and acceptance of core criminal-trial principles.

Highlights

Pre-Panel Jury Selection Procedures and Excusalsprocedural actionThe court accepted the parties' agreement supporting excusal of nine unvaccinated prospective jurors because of COVID-related hardship and safety concerns during the lengthy trial.Individual Voir Dire of Juror ChuangadmissionMr. Chuang said the documentary portrayed Elizabeth Holmes negatively, described her as knowingly continuing fraud, and affected his opinion.Individual Voir Dire of Juror Chuang“SO THE DOCUMENTARY WAS GIVING, LIKE, A NEGATIVE PICTURE ABOUT THE DEFENDANT AND I THOUGHT THAT -- YOU KNOW, I WAS GETTING, LIKE, A NEGATIVE IMAGE OF THE DEFENDANT FROM THE DOCUMENTARY, AND THAT'S WHY I PUT THAT ON THE QUESTIONNAIRE THAT I RECOGNIZE THAT I HAVE SOME BIAS. BUT, YOU KNOW, I CAN TRY TO, LIKE, PUT THAT ASIDE.”— Mr. ChuangMr. Chuang directly acknowledged both the documentary's negative influence and his intention to set that influence aside.Panel One Voir Dire Resumesjury eventJuror Roccaforte reported unavoidable workplace exposure to news coverage mentioning a possible defense strategy and doubted he could remain unbiased. The court excused him because his news-radio employment would make avoiding coverage very difficult, if not impossible.Panel One Voir Dire Resumes“I'M NOT REALLY SURE THAT I'LL BE ABLE TO REMAIN UNBIASSED THROUGHOUT THE DURATION OF THIS TRIAL.”— Prospective Juror RoccaforteRoccaforte directly acknowledged uncertainty about his impartiality after describing repeated workplace exposure to coverage of the case.Panel One Voir Dire Resumesjury eventJuror Borlik said information retained from a documentary left him doubtful that he could remain unbiased. After confirming that he could try but could not promise the information would not affect him, the court excused him.

2. Jury Voir Dire — Counsel Examination and Challenges

Jury selection focused on the first panel's media exposure, potential bias, personal experiences, and hardship concerns, followed by individual questioning and rulings on several cause and hardship challenges.

Voir Dire
Government Voir Dire of Panel One

The government screened Panel One for bias toward medical witnesses, ability to avoid case publicity, and concerns arising from experiences with interpersonal abuse or domestic violence; Mr. Lee requested private follow-up.

Voir Dire
Defense Voir Dire of Panel One

Defense voir dire examined prospective jurors' media exposure, preexisting views, understanding of the defense's evidentiary burden, language comprehension, and personal hardships. Several jurors candidly disclosed biases or negative impressions, while others said they could remain fair or follow the court's instructions.

Voir Dire
Individual Voir Dire of Jurors Lee, Grogan, and Hernandez

Lee, Grogan, and Hernandez were questioned individually about personal experiences, book-based opinions, witness trust, comprehension, and scheduling concerns.

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Panel Reconvened for Alternate-Juror Inquiry

The court explained alternate-juror service, then moved the defense's cause challenges to a private conference while admonishing the panel not to discuss or research the case.

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Sidebar on Cause and Hardship Challenges

The court resolved several cause and hardship challenges involving media exposure, bias, caregiving, language, and learning concerns, while leaving three prospective jurors for further inquiry.

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Follow-Up Voir Dire and Challenge Rulings

The court conducted follow-up questioning about case-related media, ruled on challenges involving jurors 46, 90, and 14, released eight prospective jurors, and excused Mr. Penumudy after reviewing his doctor's note.

Procedural
Post-Panel Jury Selection Administration

The court kept challenge discussions public, deferred final action on Juror 48's hardship, and reviewed the schedule and numbers for continued jury selection.

Highlights

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