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The jury of eight men and four women concluded their deliberations for the year on Wednesday, ending their second week on the case without reaching a verdict.
The deliberations, which have so far lasted 44 hours over six days, will resume Monday after New Years at a federal courthouse in San Jose.
On the deliberation days the public and press queued outside the courthouse in the early hours of the morning to grab one of the restricted courtroom seats from Judge Edward Davila, the judge presiding over if the jury were to give a verdict.
However, the courtroom remained closed unless there was a jury note or a verdict. That meant several long days of waiting in the hallway outside the courtroom for the group of nearly three dozen people – mostly journalists – awaiting the verdict. Although a separate, empty courtroom is available to wait, most choose the hallway to monitor the comings and goings of Davila’s courtroom.
Legal experts say it’s hard to know if there’s anything to read about how the jurors deliberate and where to stand in returning a verdict.
“It’s a very mysterious process,” said Henry E. Hockeimer, Jr., a white-collar attorney at Ballard Spahr LLP and a former federal prosecutor. “With the length of the process and the complexity, I don’t think it’s that outrageous that they… [deliberating] so long.”
“It’s a long trial. A long trial, unless it’s just a slam dunk, will result in some pretty lengthy deliberations,” said Hockeimer, who added that jurors who are part of a long trial, and especially a high-profile federal trial on that moment, are usually committed. “They take their obligations seriously.”
According to Shan Wu, a criminal defense attorney and former federal prosecutor, “it’s actually not uncommon to have very few notes.”
“I’d say they’re comfortable with what they’ve been given…and they’re just taking their time with it,” Wu added, noting that Holmes’ testimony, which spanned seven days in court , “gives them a lot to think about.”
Court minutes for Tuesday revealed a 23-minute proceeding shortly after 11 a.m. local time, attended by the judge presiding over the case, as well as lawyers for both the defense and the prosecution. But the court ordered the proceedings to be sealed and declined to share further details about what it involved. The next day, Wednesday, two sealed documents found their way to court.
Holmes faces 11 federal fraud charges over allegations that she knowingly misled investors, doctors and patients about her company’s blood testing capabilities to take their money and prevent Theranos from failing.
If convicted by the jury, Holmes faces up to 20 years in prison and a $250,000 fine plus restitution for every count of wire fraud and every count of conspiracy. She has pleaded not guilty.
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