EXCLUSIVE: Juror speaks after conviction of Elizabeth Holmes

By the end of day three of Elizabeth Holmes’ trial deliberations, the jury had already decided to find the ousted founder of Theranos guilty of defrauding investors who poured millions of dollars into the Silicon blood testing startup. Valley, according to a juror who spoke with ABC News in an exclusive interview.

And yet the group struggled for days on whether to convict or acquit Holmes – who faced 11 counts of fraud – for three other counts also linked to investors, juror No.1. 6, Wayne Kaatz.

“We were very saddened. We thought we had failed,” said Kaatz, 64, of the moment when, hours before the jury announced its verdict on Monday, he and his fellow jurors sent a memo to the court indicating that ‘they had come to an agreement. deadlock on these three points.

Judge Edward J. Davila asked them to continue deliberating, but on Monday afternoon the eight men and four women said they still couldn’t reach unanimous consensus. At around 4 p.m., after seven days of deliberation, spanning two weeks, including Christmas and New Years’ Day, the jury convicted Holmes on four counts of investor fraud. They found her not guilty of four more counts involving patients who had blood tests at Theranos. The trial was overturned on charges the jurors could not agree on.

“Everyone said what they thought, and we were all exactly where we were all when we started, and we had nowhere to go, nothing more to say. That’s why we are. arrived with the verdicts that we handed down, ”Kaatz said.

“It’s hard to condemn someone, especially someone so likeable, with such a positive dream,” he added, noting that he had voted guilty on the three counts on which the jury could not agree. “[We] respected Elizabeth’s belief in her technology, in her dream. [We thought], ‘She still believes in it, and we still believe that she does.’ “

Kaatz, an Emmy Award-winning television screenwriter from Aptos, Calif., Who built camaraderie with fellow jurors during the four-month trial, often putting together puzzles with them during breaks or watching others exchange their thoughts. turkey, ham or roast beef sandwiches, said the decision to convict Holmes on four counts was based on a few key elements.

On the one hand, Holmes bore ultimate responsibility for the information released to investors, Kaatz said, noting that the former CEO “owns it all.”

“It all went through her,” he said. “She got final approval.”

The jury also found Holmes’ seven days of testimony to be largely unreliable. The 12 members ranked each witness’s testimony from one to four, with one being not credible and four being the most credible, Kaatz said.

Holmes scored a two, he told ABC News. On the other hand, a few government witnesses, including former Theranos lab director Adam Rosendorff – who said that during the time Holmes was raising funds from investors, he told her about the clinical lab malfunction. of the company – had scored up to four. No one has scored as low as one.

Kaatz also said that at the start of their deliberations, the jury decided to acquit Holmes of the four counts of fraud against patients because the CEO was “one step away” from the alleged victims, and therefore the jury did not not thought they were directly swindled.

Although the 12 were mostly confined to the jury’s gallery in Davila’s fifth-floor courtroom throughout the trial at the Robert F. Peckham Federal Courthouse in San Jose, Calif., They had a little more freedom to move into an adjacent courtroom, where they deliberated.

A juror, who always arrived early, assumed the presidency of the judge throughout the discussions. Others took their places at the two prosecutor’s tables. Some chose to sit in a rostrum similar to the one they had been seated in when testifying witnesses, Kaatz said, adding that he had claimed a front row seat on a courtroom.

One of the first things the jurors did when they arrived in court on December 20, the day they began their deliberations, was to select a foreman. Kaatz appointed Juror # 2, whom he described as one of the youngest members of the group, but nonetheless “very mature and organized.”

“He said, ‘I’m not against,'” Kaatz told ABC News, adding that the vote for their leader was unanimous.

They then conducted an anonymous poll to gauge everyone’s position on each count against Holmes. Jurors scribbled their first passes in a verdict on scraps of paper and then shared the results. Votes were mixed, Kaatz said.

The 12 then established a “timeline of events” on a chalkboard, on which they pasted notes with “relevant evidence points”.

Despite their disagreement on some aspects of the case, the group got along well, Kaatz said, adding that he was proud to have worked alongside his peers, many of whom juggled work and family obligations.

Tuesday afternoon, a day after his role in the rare withdrawal of a CEO from Silicon Valley ended, Kaatz slumped into his living room chair.

“It was an honor. It was a duty,” he said. “I did. I am done.”

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