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Federal Criminal Trialtrial-daytrial-dayJohn C. BosticJeff SchenkKevin M. DowneyRoberto AmentaWade MiquelondirectcrossredirectDay 18 - October 13, 2021The court completed a sealed juror inquiry before Wade Miquelon testified about Walgreens's reliance on Theranos's technology assurances, conditional rollout plans, and the early pilot's low fingerstick use. Fedwire records were later admitted, but a display failure interrupted Roberto Amenta's direct examination.
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Day 18 - October 13, 2021

Juror Inquiry, Walgreens Reliance Testimony, and Fedwire Records

Judge Edward J. Davila
4Proceedings
3Pages
2Witnesses
1,864Lines
Day 18 of 51
Appearing:

The court completed a sealed juror inquiry before Wade Miquelon testified about Walgreens's reliance on Theranos's technology assurances, conditional rollout plans, and the early pilot's low fingerstick use. Fedwire records were later admitted, but a display failure interrupted Roberto Amenta's direct examination.

Full day summary

Before evidence resumed, defense counsel requested completion of the remaining juror inquiry, while the prosecution opposed delaying scheduled witnesses. The court noted that jurors already interviewed had affirmed their impartiality and directed that the six remaining jurors be questioned that morning in a continued sealed session. The available entry discloses no findings or dialogue. Counsel also agreed to limit anticipated testimony from Nimesh Jhaveri concerning the end of Theranos services at Walgreens and a negative Wall Street Journal article. Wade Miquelon testified about Walgreens's agreements, diligence, financial commitments, and rollout plans with Theranos. He said Walgreens understood that patient samples would be tested on Theranos's Edison device, but repeatedly described nationwide expansion as contingent on working technology and successful pilots. On cross-examination, he agreed that the model changed from rapid in-store testing to collection followed by testing at an offsite laboratory, and he explained that Johns Hopkins had relied on supplied information rather than independently operating an Edison. On redirect, Miquelon said his enthusiasm depended on assurances from Holmes and Ramesh Balwani that the technology worked and that most testing would use fingersticks. He recalled that an expected fingerstick rate of about 90 percent fell almost to zero for a period and said false representations about the technology would affect both the proposed service's value and Theranos's credibility. Roberto Amenta then described Fedwire operations and authenticated subpoenaed transfer records. The court admitted the records without objection, but failed juror displays interrupted their presentation, leaving his direct examination unfinished until the next morning.

1. Pretrial Evidence, Juror Questionnaires, and Scheduling

Counsel narrowed Nimesh Jhaveri's anticipated testimony before the court completed a sealed juror inquiry and discussed adding a Thursday trial session.

colloquy
Pretrial Evidentiary Colloquy on Nimesh Jhaveri's Testimony

Counsel agreed to limit Nimesh Jhaveri's anticipated testimony about test voiding and a Wall Street Journal article while allowing testimony about the end of Theranos services at Walgreens and the resulting change in his role.

colloquy
Motion to Unseal Juror Questionnaires and Continued Juror Inquiry

Defense counsel sought immediate action on the remaining juror inquiry and questionnaire issues; the court ordered the six remaining jurors interviewed in a sealed session before testimony resumed.

Procedural
Sealed Seated-Juror Inquiry

A sealed seated-juror inquiry was held in chambers, but the transcript entry provides no public details about what occurred.

Procedural
Open-Court Jury Scheduling

The court tentatively explored adding a Thursday testimony session to recover lost time, subject to jurors checking their existing obligations.

Highlights

2. Wade Miquelon — Direct/Cross/Redirect (Continued)

Wade Miquelon's testimony moved from resumed direct examination through cross and redirect, focusing on Walgreens' Theranos agreements, conditional expansion plans, and reliance on assurances that the technology worked and fingerstick testing would predominate. Roberto Amenta was then called and sworn.

Direct
Wade MiquelonJeff Schenk
461 lines

Wade Miquelon described Walgreens' understanding of Theranos's fingerstick technology, conditional rollout plans, substantial payments and investment, and communications that reinforced his confidence in the technology.

Cross
Wade MiquelonKevin M. Downey
1052 lines

Miquelon described Walgreens's diligence, the shift from in-store devices to offsite laboratory testing, conditional national rollout plans, and his continuing confidence in Theranos and Holmes.

Redirect
Wade MiquelonJeff Schenk
150 lines

Miquelon linked his confidence in Theranos to assurances that its technology worked and would support predominantly fingerstick testing, while qualifying his later supportive communications as based only on what had been represented to him.

Highlights

Wade Miquelon — Directtestimony highlightMiquelon testified that Walgreens understood patient blood would be tested on the Edison device and that this understanding came from discussions with Ramesh Balwani and Elizabeth Holmes and from Walgreens' diligence.Wade Miquelon — Crossevidence eventThe court admitted the Johns Hopkins report as Government's Exhibit 302. Miquelon testified that Hopkins reviewed available information but did not receive an Edison to test independently and therefore relied on data and representations supplied to it.Wade Miquelon — Cross“WHAT WAS TOLD TO ME IS BASED UPON THE DATA AND INFORMATION THAT THEY WERE GIVING. THIS WAS THEIR ASSESSMENT. BUT THAT WITHOUT ACTUALLY, YOU KNOW, HAVING THE TECHNOLOGY TO RUN ITSELF, THEY HAD TO RELY UPON THOSE ATTESTATIONS.”— Wade MiquelonHe qualified the Johns Hopkins assessment by identifying its dependence on information provided to the evaluators rather than independent operation of the technology.Wade Miquelon — RedirectadmissionMiquelon testified that his enthusiasm depended on representations that the technology worked and that most blood tests would use fingersticks; if those representations were untrue, he said that would affect both the value proposition and Theranos's credibility.Wade Miquelon — Redirect“WELL, IT WOULD GO TO THE HEART OF A FEW THINGS. IT WOULD GO TO THE HEART OF THE VALUE PROPOSITION, CAN YOU DO IT BETTER, FASTER, CHEAPER, OR ONLY ONE OR ONLY TWO OF THE ABOVE? IT WOULD ALSO PROBABLY GO TO THE HEART OF JUST CREDIBILITY IN TERMS OF WHAT HAD BEEN REPRESENTED TO ME.”— Wade MiquelonMiquelon connected the truth of Theranos's technology representations to both the proposed service's value and the company's credibility.Wade Miquelon — Redirect“OVER TIME SUNNY AND ELIZABETH GAVE US ATTESTATIONS THAT THE TECHNOLOGY WORKED AND NEEDED TO BE SCALED AND SO THAT'S WHAT I BELIEVED.”— Wade MiquelonMiquelon identified Balwani and Holmes as sources of the assurances underlying his belief that the technology worked.Wade Miquelon — Redirecttestimony highlightMiquelon recalled that an initial expectation of roughly 90 percent fingerstick testing fell to almost zero for a period. He attributed Holmes's explanations to collection technique and unexpectedly frequent orders for obscure tests, not to device limitations.
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