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Elizabeth Holmes- Case Archive
Federal Criminal Trialtrial-daytrial-dayjury_instructionsverdictDay 51 - January 3, 2022After renewed instructions and confirmation of a deadlock on three counts, the jury returned four guilty verdicts, four acquittals, and no verdict on three counts. The court declared a mistrial on the unresolved counts and continued Holmes's release conditions pending review.
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Day 51 - January 3, 2022

Deadlock Instructions, Mixed Verdicts, and Mistrial on Three Counts

Judge Edward J. Davila
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4Pages
0Witnesses
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Day 51 of 51

After renewed instructions and confirmation of a deadlock on three counts, the jury returned four guilty verdicts, four acquittals, and no verdict on three counts. The court declared a mistrial on the unresolved counts and continued Holmes's release conditions pending review.

Full day summary

After the jury reported that it could not reach unanimous verdicts on three counts, Judge Edward Davila gave a modified Allen charge directing further deliberations while emphasizing independent judgment and reread the presumption-of-innocence and reasonable-doubt instruction. When the jury later confirmed that further deliberations were not reasonably likely to produce unanimity on one or more counts, the court directed completion of the verdict form. The jury found Elizabeth Holmes guilty on Counts 1, 6, 7, and 8; not guilty on Counts 2, 10, 11, and 12; and returned no verdict on Counts 3, 4, and 5. All 12 jurors confirmed the verdicts when polled. The court recorded the verdicts, discharged the jury, and declared a mistrial on the three unresolved counts. Holmes's existing release conditions remained in place pending an updated Pretrial Services report and further review of the government's request for a same-amount secured bond.

1. Modified Allen Charge and Reasonable-Doubt Instruction

After the jury reported an impasse on three counts, Judge Davila gave a modified instruction on continued deliberations and reread the reasonable-doubt instruction.

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Charge Conference
Jury Note No. 3 and Modified Allen Charge Conference

After the jury reported no unanimous verdict on three counts, the court overruled the defense's coercion objection and chose to give a modified Allen charge with a renewed burden-of-proof instruction.

Jury Instruction
Modified Allen Charge and Reasonable-Doubt Instruction
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Judge Davila gave a modified Allen charge after the jury reported an impasse on three counts, then renewed the presumption-of-innocence and reasonable-doubt instructions.

Highlights

Modified Allen Charge and Reasonable-Doubt Instructionjury eventAfter the jury reported that it could not reach a unanimous verdict on three counts, Judge Davila delivered a modified Allen charge directing continued deliberations while emphasizing independent judgment and forbidding jurors from abandoning honest beliefs merely to return a verdict.Modified Allen Charge and Reasonable-Doubt Instructionjury eventThe court reread Jury Instruction No. 2, reminding jurors that the indictment was not evidence, Holmes was presumed innocent, and the government had to prove every element beyond a reasonable doubt.Modified Allen Charge and Reasonable-Doubt Instruction“YOU SHOULD NOT, HOWEVER, CHANGE AN HONEST BELIEF AS TO THE WEIGHT OR EFFECT OF THE EVIDENCE SOLELY BECAUSE OF THE OPINIONS OF YOUR FELLOW JURORS OR FOR THE MERE PURPOSE OF RETURNING A VERDICT.”— Edward J. DavilaThe central safeguard in the modified Allen charge instructed jurors not to surrender an honestly held view merely to achieve unanimity.

2. Jury Note No. 4 and Deadlock Procedure Conference

Judge Davila addressed the jury's reported deadlock on three charges and directed the jurors to complete the verdict form if appropriate.

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Procedural
Jury Note No. 4 and Deadlock Procedure Conference
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After Jury Note No. 4 reported no unanimous verdict on three charges, Judge Davila set a procedure to confirm the deadlock, obtain a completed verdict form, and read any verdicts reached without giving another Allen charge.

Procedural
Seated-Jury Deadlock Inquiry

The jury confirmed that it remained deadlocked on three charges and saw no reasonable probability that further deliberations would produce unanimity; the court directed it to complete the verdict form if appropriate.

Highlights

Seated-Jury Deadlock Inquiryjury eventJudge Davila read Jury Note No. 4, confirmed through the foreperson and the full jury that agreement had not been reached on one or more counts, and received no indication that further deliberations had a reasonable probability of producing unanimity.

3. Verdict

The court received Jury Note No. 5, brought the jury into the courtroom, published and polled the verdicts, and then discharged the jury.

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sidebar
Sealed Sidebar Proceedings

The court held a sidebar under seal, with no substantive details available in the public transcript.

Procedural
Jury Note No. 5 and Verdict Return Preparation

Jury Note No. 5 reported that the jury had reached a unanimous verdict, and Judge Davila called the jury back into the courtroom.

Verdict
Return, Publication, and Polling of Verdicts
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The jury convicted Holmes on four investor-related counts, acquitted her on four patient-related counts, returned no verdict on three counts, and unanimously confirmed the published verdicts.

Procedural
Jury Discharge and Post-Verdict Admonitions

Judge Davila ordered the reached verdicts recorded, gave post-service guidance, confirmed that no juror reported suspected monitoring of deliberations, and formally discharged the jury.

Highlights

Return, Publication, and Polling of Verdictsjury eventThe courtroom deputy published a mixed verdict: Holmes was found guilty on Counts 1, 6, 7, and 8; not guilty on Counts 2, 10, 11, and 12; and the jury returned no verdict on Counts 3, 4, and 5.Return, Publication, and Polling of Verdicts“GUILTY OF THE CHARGE OF CONSPIRACY TO COMMIT WIRE FRAUD AGAINST THERANOS INVESTORS, IN VIOLATION OF 18 U.S.C. SECTION 1349, AS CHARGED IN COUNT ONE OF THE INDICTMENT.”— [court clerk]The jury found Holmes guilty of the investor-conspiracy charge.Return, Publication, and Polling of Verdicts“NOT GUILTY OF THE CHARGE OF CONSPIRACY TO COMMIT WIRE FRAUD AGAINST THERANOS PAYING PATIENTS, IN VIOLATION OF 18 U.S.C. SECTION 1349, AS CHARGED IN COUNT TWO OF THE INDICTMENT.”— [court clerk]The jury acquitted Holmes of the separate patient-conspiracy charge.Return, Publication, and Polling of Verdictsjury eventEach of the 12 jurors individually confirmed that the verdicts as read were that juror's verdicts.

4. Mistrial Ruling, Post-Verdict Status, and Release Conditions

Judge Davila declared a mistrial on three unresolved counts, addressed post-verdict scheduling, and continued Holmes's release conditions pending review of the government's secured-bond request.

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Procedural
Mistrial Ruling and Post-Verdict Scheduling
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Judge Davila declared a mistrial on Counts Three, Four, and Five, confirmed preservation of the defense's Rule 29 motion, and deferred retrial, motion, probation, and sentencing scheduling to a later status conference.

Procedural
Release Conditions and Secured-Bond Review

Holmes's existing release conditions remained in effect while the court ordered an updated Pretrial Services report for later consideration of the government's secured-bond request.

Highlights

Mistrial Ruling and Post-Verdict SchedulingrulingAfter the defense questioned whether a mistrial was appropriate when the result had been entered as no verdict, the court found a mistrial on Counts Three, Four, and Five.Mistrial Ruling and Post-Verdict Scheduling“SO I WILL FIND THAT IT'S APPROPRIATE TO FIND A MISTRIAL AS TO COUNTS THREE, FOUR, AND FIVE OF THE THIRD SUPERSEDING INDICTMENT.”— Edward J. DavilaThe court formally declared a mistrial on the three counts for which the jury had returned no verdict.Release Conditions and Secured-Bond ReviewrulingThe court kept all original release conditions and obligations in place subject to review and referred the matter to Pretrial Services for an updated report.
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