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Jurors in the Elizabeth Holmes trial say they can’t reach a verdict on 3 of 11 counts; judge tells them to keep trying

Brittany Hosea-Small/Reuters

  • Jurors in Elizabeth Holmes’ fraud trial said Monday they’re unable to reach a unanimous verdict on 3 counts.
  • The judge then read instructions to the jury before sending them back to deliberate further.
  • The Theranos founder is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud.

Jurors in Elizabeth Holmes’ fraud trial say they’re unable to reach a unanimous verdict on three counts. 

The group of eight men and four women submitted their third jury note on Monday, revealing they were deadlocked on three of 11 counts brought against the Theranos founder, according to ABC News.

Holmes has been charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud. It is unclear which three counts are at the center of the deadlock. 

The note comes on the seventh day of deliberations in the four-month trial.

After the note was read in court, Judge Edward Davila called the jurors in to read them a modified version of model jury instruction 7.7, which is specifically for deadlocked juries. 

“As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience,” the model instruction reads in part. “Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors.”

“During your deliberations, you should not hesitate to reexamine your own views and change your opinion if you become persuaded that it is wrong,” the model instruction continues. “You should not, however, change an honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict.”

Davila also read jury instruction 2, which says Holmes’ indictment is not evidence and that she is presumed innocent unless and until the government proves beyond a reasonable doubt that she is guilty. 

After reading the instructions, the judge sent the jury back to continue deliberating.

Holmes has plead not guilty. If convicted, she faces up to 20 years in prison, a $250,000 fine, and restitution for each count.

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