Wednesday, Feb. 28
Elizabeth Holmes enters the courtroom in a blazer, white blouse, and black suede shoes. Holmes’s appearance has changed in the last five years — last year she was wearing a paper jacket and no pants — and this year she’s sporting a low-slung black skirt.
Attorneys for Holmes begin to present their closing arguments in the fraud trial. Judge Michele Hanisee asks for the remaining objections from the prosecution.
Judge Hanisee tells the prosecution that it is an issue of “general and practical clarification” about the definitions in the statute of limitations. As she’s done with the rest of the prosecution’s argument, Hanisee asks for arguments in favor of the government.
Assistant U.S. Attorney Gregory Andres responds that the government maintains that a fraud committed within five years of its initiation is considered ongoing. Andres says it’s more like a performance fraud, a higher level than classic “operations” fraud. If the fraud had occurred more than five years ago, Andres says, Holmes would have been criminally liable for her conduct.
Defense attorney Dana Fink leaves the courtroom.
A brief recess is given while an announcement is made to the jury. Judge Hanisee told jurors that she wants to receive opinions about the issue and let all of the lawyers know what the defense wants to argue, or what the jury wants to discuss.
Opening arguments resume in the case.