Third juror dismissed in Elizabeth Holmes’ fraud trial – for playing Sudoku during testimony
A juror working to solve Sudoku puzzles instead of listening to testimony during Elizabeth Holmes’ fraud trial in San Jose has been dismissed.
According to a court transcript obtained by CNBC, the juror kept the puzzles inside her court-issued notebook and played it over the course of up to 10 days of testimony.
“Were you playing this Sudoku?” U.S. District Court Judge Edward Davila asked juror No. 5.
“I do have Sudoku, but it doesn’t interfere with me listening,” the juror said. “I’m very fidgety, so I need to do something with my hands. So at home I’ll crochet while I’m watching or listening to TV.”
Her departure marks the third that has occurred so far, leaving just two alternates in a trial that’s expected to last until December. In some extenuating circumstances, juries are allowed to operate with 11 people. Cases that do not meet those parameters however, are typically declared a mistrial.
Earlier this month, a Buddhist juror was dismissed from the Theranos founder’s fraud trial after she expressed growing anxiety about the potential punishment the one-time Silicon Valley superstar would face should she find her guilty. Before that, a juror was released after he revealed he was potentially exposed to COVID-19.
Holmes, whose failed biotech company was once valued at $9 billion, was indicted on federal wire fraud charges in June 2018, alongside Theranos’ former COO, Ramesh “Sunny” Balwani.
Both have pleaded not guilty to charges that include defrauding investors, doctors and patients by falsely claiming Theranos could revolutionize medical lab testing, citing unique technology able to administer a wide range of tests with only a few drops of blood.
