Day 23 - October 22, 2021
Judge Davila replaced a juror who had worked on Sudoku during testimony. Shane Weber described Pfizer's adverse Theranos review, and John Bryan Tolbert explained the recorded representations and other considerations behind Hall's $5 million investment.
Full day summary
3. Shane Weber — Direct/Cross/Redirect
Pfizer scientist Shane Weber completed direct, cross, and redirect testimony about his 2008 Theranos review, the limits of that work, his conclusion that the system was not ready for clinical use, and his denial that Pfizer had validated or endorsed the technology.
Highlights
Shane Weber — Directtestimony highlightWeber identified Exhibit 167 as his final Pfizer report and testified that he recommended no further financial investment or clinical-sample resources for Theranos, while leaving open periodic monitoring for future improvements.Shane Weber — Direct“I BELIEVED THIS BASED UPON MY EXTENSIVE EXPERIENCE DOING ASSAY DEVELOPMENT, ASSAY QUALIFICATION, RECEIVER OPERATOR CURVE ANALYSIS, THAT THERE WAS NOT SUFFICIENT INFORMATION IN THIS REPORT TO CONVINCE ME THAT THEY WERE -- THAT THE THERANOS SYSTEM WAS READY TO BE TAKEN FORWARD FOR CLINICAL USE THROUGH AN FDA OR CLIA LABORATORY PROCESS.”— Shane WeberWeber explained why the information supplied to him did not establish that the system was ready for clinical use.Shane Weber — Directtestimony highlightWeber testified that a Theranos report later sent to Walgreens bore a Pfizer logo he had never approved, and that he was unaware of any Pfizer approval for its use.Shane Weber — Direct“I'M NOT AWARE OF ANY PFIZER APPROVAL FOR THE USE OF THE PFIZER TRADEMARKED LOGO ON THIS DOCUMENT.”— Shane WeberWeber denied knowledge of Pfizer authorization for the logo appearing on the report sent to Walgreens while preserving the limits of his knowledge.Shane Weber — CrossadmissionWeber acknowledged that his review relied on supplied documents and public patent materials; he did not visit Theranos headquarters or physically examine its device.
4. John Bryan Tolbert — Direct/Cross/Redirect/Recross
John Bryan Tolbert testified about the Hall Group's Theranos investments and a recorded 2013 investor call, followed by disputes over recording excerpts, cross-examination on due diligence, brief redirect and recross, and scheduling discussion outside the jury's presence.
Highlights
John Bryan Tolbert — DirectadmissionTolbert testified that Hall invested $5 million directly in Theranos on December 31, 2013, at $75 per Series C-1 share after receiving notice of a short year-end investment window.Hearing on Presentation of Investor-Call Recordingsevidence eventThe prosecution published audio clip 1348-1, which contained recorded statements attributed to Holmes about Theranos's testing infrastructure, pharmaceutical partnerships, military contracts, and plans to replace conventional blood draws.John Bryan Tolbert — Direct (Resumed)testimony highlightTolbert said he understood the military discussion to describe operational work in Afghanistan and with Special Operations Command, found that work personally meaningful, and regarded the investor call as central to the additional investment.John Bryan Tolbert — Direct (Resumed)“AND THIS CALL WAS CENTRAL TO, YOU KNOW, TO OUR DECISION TO INVEST FURTHER FUNDS.”— John Bryan TolbertTolbert expressly identified the recorded shareholder call as central to the later investment decision.John Bryan Tolbert — Cross (Resumed)admissionTolbert said the Hall Group viewed Theranos as having future potential, was attracted to its mission, could choose whether to participate, and moved forward despite having additional questions it would have liked to ask.John Bryan Tolbert — Cross (Resumed)“CERTAINLY WE HAD LOTS OF ADDITIONAL QUESTIONS THAT WE WOULD HAVE LIKED TO HAVE ASKED, BUT WE FELT SATISFIED THAT WE HAD ENOUGH INFORMATION TO MOVE FORWARD WITH THE INVESTMENT.”— John Bryan TolbertTolbert explained the balance between unanswered diligence questions and the decision to invest.