Alternate Juror No. 3 Employment-Hardship Inquiry

JUDGE DAVILA: LET'S GO ON THE RECORD IN UNITED STATES VERSUS ELIZABETH HOLMES. LET ME FIRST CAPTURE THE APPEARANCES OF THE PARTIES. WHO APPEARS FOR THE GOVERNMENT?

JUDGE DAVILA: THANK YOU. GOOD MORNING. AND I ALSO SEE MS. VOLKAR.

JUDGE DAVILA: YES. THANK YOU. GOOD MORNING.

JUDGE DAVILA: THANK YOU. GOOD MORNING EVERYONE. WE'RE OUTSIDE OF THE PRESENCE OF OUR JURY, AND I JUST WANTED TO BRING TO THE PARTIES'S ATTENTION AN EMAIL I THINK MS. KRATZMANN SHARED WITH YOU FROM ONE OF OUR ALTERNATE JURORS.

JUDGE DAVILA: I HAVE THAT AS WELL. I WANTED TO DISCUSS THAT WITH YOU AND TALK ABOUT NEXT STEPS WITH THIS PERSON. IT SUGGESTS WE SHOULD HAVE A CONVERSATION OUTSIDE OF THE PRESENCE OF HER COLLEAGUES AND MAKE SOME FURTHER INQUIRY ABOUT HER EMAIL AND THE ISSUES IT PRESENTS. MR. SCHENK?

JUDGE DAVILA: SURE. ANYTHING?

JUDGE DAVILA: IT SEEMS IT'S PART-TIME. IT'S A LITTLE UNCLEAR ABOUT THE NATURE OF THE ENGAGEMENT AND THE DURATION OF IT. SO I THOUGHT I WOULD MAKE SOME INQUIRY. CANDIDLY, I MAY ASK THE ALTERNATE JUROR WHETHER OR NOT IT WOULD BE BENEFICIAL FOR THE COURT TO SPEAK WITH THE EMPLOYER AND COLLECT SOME ADDITIONAL INFORMATION, AND THAT'S BEEN DONE BEFORE, TO SEE IF SOME SCHEDULING MIGHT BE APPROPRIATE, CHANGING OUR HOURS, THOSE TYPES OF THINGS. SO WE'LL DO THAT THEN. I'LL ASK MS. KRATZMANN TO CHECK WHEN THIS ALTERNATE ARRIVES, AND THEN WE CAN INVITE HER IN AND MAYBE HAVE THAT CONVERSATION. AS TO SCHEDULING AND TIMING THIS WEEK, I'M GOING TO ASK THE JURORS IF WE CAN GO UNTIL 3:00 TODAY. MAYBE I CAN GO UNTIL 4:00. I'M HOPEFUL WE CAN GO UNTIL 3:00 OR 4:00 TOMORROW. FRIDAY I WOULD LIKE TO END AT 2:00. I WOULD SUGGEST MAYBE EVEN 1:00 O'CLOCK. I HAVE AN ENGAGEMENT AND APPOINTMENT I WOULD LIKE TO MAKE UP THE PENINSULA IN THE AFTERNOON IF I CAN. BUT IF I CAN'T, OF COURSE, THAT'S FINE. THIS CASE TAKES PRIORITY OVER THAT. BUT LET'S SEE WHAT THAT BRINGS US. I'LL ALSO ASK OUR JURORS WHETHER GOING FORWARD PERHAPS WE CAN EXTEND OUR TIME TO MAYBE 3:00 O'CLOCK INSTEAD OF 2:00, AND THEN MAYBE 4:00 O'CLOCK TO SEE WHAT THEIR SCHEDULES PERMIT. SO I'LL MAKE THAT INQUIRY. ANY INQUIRY ON THAT?

JUDGE DAVILA: GREAT. MS. KRATZMANN, DO YOU KNOW THE STATUS OF ANY OF OUR JURORS?

JUDGE DAVILA: OKAY. I'LL STEP DOWN AND ALLOW YOU TO DO THAT THEN. WHAT I'LL DO IS THAT ONCE MS. KRATZMANN HAS CONFIRMED THE ARRIVAL OF THE JUROR, THEN WE'LL COME BACK, AND WE'LL HAVE OUR CONVERSATION. ANYTHING FURTHER ABOUT ANYTHING ELSE?

JUDGE DAVILA: THIS MORNING -- MR. BOSTIC SUGGESTED FRIDAY THAT HE HAD ABOUT AN HOUR LEFT I THINK, MR. BOSTIC, MORE OR LESS?

JUDGE DAVILA: OKAY.

JUDGE DAVILA: IT'S A WIDE FREEWAY, MR. BOSTIC.

JUDGE DAVILA: I MEAN, WE ALL DID. GREAT. THANK YOU.

JUDGE DAVILA: WE'RE BACK ON THE RECORD. ALL PARTIES PREVIOUSLY PRESENT ARE PRESENT ONCE AGAIN. LET'S BRING IN OUR ALTERNATE JUROR, PLEASE.

JUDGE DAVILA: GOOD MORNING. PLEASE BE SEATED. THANK YOU. GOOD MORNING. ALL COUNSEL ARE PRESENT AND DEFENSE COUNSEL ARE PRESENT. ALTERNATE JUROR NUMBER 3 IS PRESENT. GOOD MORNING.

JUDGE DAVILA: MS. KRATZMANN SHARED WITH US AN EMAIL THAT I SHARED WITH COUNSEL REGARDING ALTERNATE JUROR NUMBER 3, YOUR RESPONSIBILITY OF A NEW POSITION.

JUDGE DAVILA: NOW, TELL ME, IS THIS A PART-TIME POSITION?

JUDGE DAVILA: I SEE. AND CAN YOU TELL US WHAT THE HOURS ARE OF THIS JOB?

JUDGE DAVILA: I SEE.

JUDGE DAVILA: AND WHEN DOES IT BEGIN?

JUDGE DAVILA: I SEE. AND I BELIEVE YOU'RE FULL-TIME EMPLOYED NOW; RIGHT?

JUDGE DAVILA: SO THIS IS --

JUDGE DAVILA: I SEE. I SEE. IS THIS SOMETHING THAT YOU -- DO YOU THINK THAT THEY WOULD BE ABLE TO HOLD THIS POSITION FOR YOU UNTIL YOU FINISH YOUR SERVICE HERE?

JUDGE DAVILA: SURE. AND I'M SURE THAT'S GOING TO GO FINE, ABSOLUTELY, YES.

JUDGE DAVILA: I'M CURIOUS IF IT MIGHT BE HELPFUL IF YOU FIND THAT INFORMATION OUT, OR PERHAPS I COULD SPEAK TO WHOEVER THE PERSON IS TO MAKE THAT INQUIRY TO SEE IF THAT MIGHT BE OF ASSISTANCE.

JUDGE DAVILA: WELL, MAYBE. I THINK IT MIGHT -- THAT MIGHT BE SOMETHING THAT I WOULD LIKE TO DO, BUT I WANT TO GIVE YOU -- I DON'T WANT TO INTERFERE WITH YOUR EMPLOYMENT OPPORTUNITY AT ALL. SO I WOULD LIKE TO HAVE YOU PERHAPS TALK TO THEM, EXPLAIN TO THEM YOUR CURRENT PUBLIC SERVICE SITUATION, AND THEN SEE IF PERHAPS THEY COULD EITHER DEFER YOUR EMPLOYMENT OR IF, GIVEN OUR SCHEDULE, OUR SCHEDULE THAT WE BREAK AT 2:00 AND REALISTICALLY IT WILL BE AT 3:00 O'CLOCK, WHETHER OR NOT THAT'S SOMETHING THAT WOULD AFFORD SOME RELIEF, AND ALSO WHETHER OR NOT THERE MIGHT BE A POSSIBILITY FOR YOU TO DO SOME WORK IN THE NEW POSITION REMOTELY.

JUDGE DAVILA: OKAY. THAT WOULD BE HELPFUL. I WOULD APPRECIATE THAT. AND THEN MAYBE YOU COULD REPORT BACK AND THEN MAYBE I'LL FOLLOW UP WITH REACHING OUT TO THEM. BUT LET ME ASK THESE LAWYERS IF THEY HAVE ANY QUESTIONS AS WELL.

JUDGE DAVILA: THANK YOU. ALL RIGHT. THANK YOU FOR LETTING US KNOW. THANK YOU SO MUCH. AND WE'LL BE CALLING YOU ALL OUT IN JUST A MOMENT.

JUDGE DAVILA: OH, BEFORE YOU LEAVE, I DID WANT TO ASK YOU ONE OTHER QUESTION IN RESPONSE TO THIS, AND THAT'S THE QUESTION I ASK YOUR COLLEAGUES, AND I SHOULD HAVE ASKED INITIALLY, DURING THE WEEKEND AND THE BREAK, DID YOU HAVE CAUSE TO COME UPON ANY OR BE EXPOSED TO ANY INFORMATION ABOUT THIS CASE, ANY PARTIES ATTACHED TO IT, OR TALK TO ANYONE ABOUT THIS CASE?

JUDGE DAVILA: THANK YOU. I APPRECIATE THAT. THANK YOU.

JUDGE DAVILA: ARE THE BALANCE OF THE JURORS HERE, MS. KRATZMANN?

JUDGE DAVILA: WELL, LET'S BRING THEM IN.

JUDGE DAVILA: THANK YOU. ANYTHING FURTHER, COUNSEL? SHOULD WE BRING THE JURY IN?

JUDGE DAVILA: I'M SORRY, MR. DOWNEY?

JUDGE DAVILA: THIS MAY TAKE A MINUTE. AS YOU MAY RECALL, I'M GOING TO ROTATE THE JURORS JUST TO GIVE EVERYONE AN OPPORTUNITY TO HAVE BETTER SEATING, IF YOU WILL, TO OBSERVE THE PROCEEDINGS. AND I HAVE INFORMATION THAT WE SHOULD BREAK ABOUT 10:45 FOR ABOUT 30 MINUTES, AND THEN MAYBE ANOTHER 30, 20 MINUTE BREAK LATER IN THE AFTERNOON IF THAT WORKS FOR FOLKS.

JUDGE DAVILA: OKAY.

JUDGE DAVILA: THANK YOU.

JUDGE DAVILA: THANK YOU. GOOD MORNING. WE'RE BACK ON THE RECORD. ALL PARTIES ARE PRESENT, COUNSEL AND THE DEFENDANT. OUR JURY AND ALTERNATES ARE PRESENT. OUR JURY BOX HAS A DIFFERENT LOOK TO IT. GOOD MORNING, LADIES AND GENTLEMEN. WE HAVE ROTATED AS I SAID WE WOULD DO, AND THANK YOU FOR YOUR COOPERATION IN THAT. WE'LL DO THAT NEXT WEEK AGAIN. WE'LL ROTATE THE SEATS AROUND AND AFFORD EVERYONE A BETTER VIEW AND A BETTER OPPORTUNITY TO PERCEIVE THE PROCEEDINGS. THANK YOU VERY MUCH. BEFORE WE BEGIN, I DO WANT TO ASK ALL OF YOU THE QUESTION AGAIN ABOUT YOUR WEEKENDS. I HOPE YOU ALL HAD PLEASANT WEEKENDS. MY QUESTION IS, DURING THE WEEKEND WHEN YOU WERE AWAY FROM COURT, WERE ANY OF YOU EXPOSED TO ANYTHING ABOUT THIS CASE THROUGH THE MEDIA, THE NEWSPAPER, RADIO, TELEVISION, OR VIA COMMUNICATIONS, CONVERSATIONS WITH ANYONE ABOUT THIS CASE OR ANYTHING TO DO WITH IT? IF SO, I WOULD ASK YOU TO RAISE YOUR HAND. AGAIN, IF YOU WOULD LIKE TO SPEAK PRIVATELY WITH US ABOUT THAT, WE WOULD BE HAPPY TO DO THAT AS WELL. SO ANYONE HAVE EXPOSURE TO ANYTHING ABOUT THIS CASE DURING THE LAST WEEK? I SEE NO HANDS. THANK YOU VERY MUCH FOR YOUR CONTINUED FIDELITY TO THAT ADMONITION. COUNSEL, ANYTHING FURTHER BEFORE WE CONTINUE WITH THE EXAMINATION?

JUDGE DAVILA: ALL RIGHT. THANK YOU. DO WE HAVE YOUR WITNESS HERE, MR. BOSTIC?

JUDGE DAVILA: GREAT. GOOD MORNING, SIR. I'LL ASK YOU TO RESUME THE WITNESS STAND IF YOU WOULD.

JUDGE DAVILA: AND AGAIN, FEEL FREE TO ADJUST THE CHAIR AND MICROPHONE AS YOU NEED. I THINK THERE'S SOME FRESH WATER THERE FOR YOUR REFRESHMENT. SHOULD YOU REQUIRE IT, HELP YOURSELF.

JUDGE DAVILA: WHEN YOU ARE COMFORTABLE, WOULD YOU PLEASE STATE YOUR NAME AGAIN.

JUDGE DAVILA: THANK YOU. AND I JUST WANT TO REMIND YOU YOU'RE STILL UNDER OATH.