Day 10 - September 22, 2021

Before the jury entered, the court reviewed proposed text-message evidence and issued Rule 106 completeness rulings while reserving separate objections under Rules 401, 403, and 404(b). It allowed journalist-related messages for notice and knowledge with a limiting instruction, ordered one name redacted, and later admitted disputed messages subject to stated limits. Justin Offen described PwC’s forensic imaging of six devices assigned to Holmes and its reconstruction of messages believed to be between Holmes and Ramesh Balwani. He explained the extraction and matching process, and the court ultimately admitted Exhibit 5387B in redacted form and Exhibit 5387A for authentication while preserving message-specific objections. On cross-examination, Offen acknowledged that the reconstruction used UTC timestamps and did not establish the sequence of messages sharing an identical timestamp. James Mattis testified that he supported only a regulated, side-by-side military experiment until Theranos technology proved accurate and reliable. He said he later joined the board, invested approximately $85,000, and initially relied on Holmes for information about the company. Mattis understood that Theranos analyzers could perform a broad test menu and said disclosure of substantial third-party equipment use or limited Edison capability would have mattered to the board. Cross-examination established his lack of laboratory and engineering expertise, his board compensation, and his dependence on others for technical assessment. On redirect, he said repeated surprises and insufficient transparency left him unsure by approximately mid-2016 what to believe about the technology.