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The judge in the Holmes trial told jurors they couldn’t do the instructions at home


Theranos founder Elizabeth Holmes arrives to attend her fraud trial in federal court in San Jose, California, December 17, 2021.

Peter DaSilva | Reuters

SAN JOSE, Calif – After 14 hours of deliberation, jurors in Elizabeth Holmes’ criminal trial asked Judge Edward Davila on Tuesday if they could direct home for a review.

Davila, who presided case three months, declined their request.

“The jurors may not bring the instructions home to review,” Davila told the courtroom. “The court considers that to be part of the deliberation. All deliberations must take place only in the jury room.”

Holmes’ defense attorneys and prosecutors on the case agreed. The jury was not present for Davila’s answer, as they were still in the jury room.

The jury was bring the case Late Friday afternoon, after hearing 32 witnesses, most of them from the prosecution. Holmes, 37, was charged with nine counts of telephone fraud and two counts of conspiracy to commit electronic fraud. She is the main witness called by the defense.

Holmes, who pleaded not guilty, faces 20 years in prison if convicted. The jury’s request late Tuesday is an indication that this may not be an open-and-closed case in the eyes of the 12 people who are deciding Holmes’ fate.

The jury is adjourned tomorrow and is expected to resume deliberations at 8:30 a.m. PT Thursday.

Holmes arrived in the San Jose courtroom Tuesday with her attorneys, Lance Wade and Kevin Downey. Her parents and partner, Billy Evans, were also present, sitting in the back row. Holmes hugged Evans shortly after Davila said they were fired for the day.

CLOCK: The jury in the case of Elizabeth Holmes

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