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Elizabeth Holmes- Case Archive
Federal Criminal Trialtrial-daytrial-dayDay 5 - September 9, 2021The court planned an inquiry into two communications from Juror No. 12 and canceled the next session after Juror No. 9 reported a possible COVID-19 exposure. Proceedings were scheduled to resume September 14, subject to continued updates on the juror's testing.
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Day 5 - September 9, 2021

Juror Communications, COVID-19 Exposure, and a Schedule Change

Judge Edward J. Davila
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Day 5 of 51

The court planned an inquiry into two communications from Juror No. 12 and canceled the next session after Juror No. 9 reported a possible COVID-19 exposure. Proceedings were scheduled to resume September 14, subject to continued updates on the juror's testing.

Full day summary

Meeting by Zoom outside the jury's presence, the court addressed communications from Juror No. 12 and a possible COVID-19 exposure involving Juror No. 9. Juror No. 12 disclosed administrative work at KPMG in 2012, which she said had not exposed her to information about the case, and asked whether jurors might participate in a sentencing phase. With both sides' agreement, the court planned to examine her about both matters at the next session outside the other jurors' presence. Juror No. 9 reported no symptoms, a negative over-the-counter test, and plans for laboratory testing after a possible exposure. Although the prosecution said its reading of CDC guidance permitted trial to continue while the juror remained asymptomatic, it did not oppose additional caution, and the defense deferred to the court. The court canceled the September 10 session, directed continued contact with Juror No. 9, and set the next session for September 14 at 9:00 a.m.

1. Juror Communications, Health, and Trial Scheduling

Outside the jury's presence, the court addressed juror communications and a possible COVID-19 exposure, canceled the September 10 session, and scheduled proceedings to resume September 14.

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Procedural
Remote Session Convening and Counsel Appearances

A Zoom session convened with the jury out; counsel entered appearances, and defense counsel said Holmes had waived her appearance.

Procedural
Inquiry Concerning Juror No. 12 Communications

The court disclosed two emails from Juror No. 12 and, with both sides' agreement, planned to question her outside the presence of the other jurors.

Procedural
Juror No. 9 COVID-19 Exposure and Trial Scheduling

The court canceled the next trial day as a precaution after Juror No. 9 reported possible COVID-19 exposure, with proceedings set to resume September 14 pending test updates.

Highlights

Inquiry Concerning Juror No. 12 Communicationsprocedural actionThe court disclosed two emails from Juror No. 12 and proposed examining her about both communications at the next session, outside the presence of the other jurors; both sides agreed.Juror No. 9 COVID-19 Exposure and Trial Schedulingprocedural actionThe court described Juror No. 9's possible COVID-19 exposure and proposed canceling the next day's session while awaiting test results. The prosecution said its reading of CDC guidance permitted trial to continue but did not oppose greater caution, and the defense deferred to the court.Juror No. 9 COVID-19 Exposure and Trial SchedulingrulingCiting an abundance of caution, the court ordered the trial dark on Friday, directed continued contact with Juror No. 9 about test results, and set the next session for September 14 at 9:00 a.m.Juror No. 9 COVID-19 Exposure and Trial Scheduling“I THINK OUT OF AN ABUNDANCE OF CAUTION I'M GOING TO EXERCISE MY DISCRETION AND WE'LL BE DARK TOMORROW.”— Edward J. DavilaThe court announced the central scheduling ruling prompted by the juror's possible exposure.
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