Day 6 - September 14, 2021

Before the jury entered, the court reported that Juror No. 9 had tested negative for COVID-19 after a potential exposure. The court also addressed Juror No. 7's employment hardship and later seated Alternate Juror No. 1 as a deliberating juror. Juror No. 12 was questioned about a friend's mention of news coverage, her former KPMG employment, and her sentencing question; she said she received no case information and could remain impartial. The court then instructed the full jury not to consider punishment. It also approved immunity for anticipated witness Surekha Gangakhedkar and warned against attempted juror interference. Theranos controller So-Han Spivey testified about the company's limited revenue, mounting losses, accumulated deficits, cash reports, contracts, and stock valuations. She traced forecasts supplied to Aranca to Holmes but denied knowing the source of substantially larger figures in an investor-related projection, which the court admitted only provisionally pending further foundation. On cross-examination, Spivey distinguished cash receipts from recognized revenue, acknowledged that research and development accounted for much of the 2011–2013 operating expense, and said she lacked personal knowledge of investor meetings. On redirect, she explained that deferred revenue had not yet been earned and could be refundable depending on the contract. Erika Cheung testified that she resigned because she considered Theranos's technology inadequate for processing patient samples. She described the limited capacity of Edison devices, the unfinished 4.0 device, and validation work that remained ongoing during her employment. Cheung then described repeated vitamin D quality-control failures that prevented patient testing and said two of six data points were removed so the control would pass. The court admitted the related Exhibit 1287; broader disputes over laboratory emails, including Exhibit 1289, remained unresolved and were deferred for further argument.