At Issue in Theranos Trial: Whether Elizabeth Holmes, Witnesses Will Wear Face Masks

SAN JOSE, Calif.—Attorneys for Theranos Inc. founder Elizabeth Holmes told a federal judge on Monday that she plans to attend her criminal fraud trial with three family members or friends by her side and strongly prefers not to wear a face mask.

Preventative measures against Covid-19 were on display in the courtroom here as Ms. Holmes and prosecutors prepared for the high stakes Silicon Valley trial. Plexiglass panels were erected in front of the judge, at the lecterns where attorneys speak and at the end of the jury box. U.S. District Judge Edward Davila said he would ask that jurors wear masks and they may be asked about their vaccination status.

The Delta variant’s spread has pushed up Covid-19 case numbers in California and across the U.S.

Judge Davila said everyone should be prepared for a court recess or other interruption if there is a Covid-19 outbreak. The trial already was delayed repeatedly due to the pandemic and because Ms. Holmes was pregnant with a child, who was born last month in Redwood City, Calif.

Witnesses likely won’t wear masks, Judge Davila said, so jurors can judge their full demeanor during testimony. He also said he may advise clear face shields for witnesses in some circumstances. Air filters will be placed around the courtroom, including next to Ms. Holmes, who has a “strong preference” to be maskless, said her attorney Kevin Downey from Washington law firm Williams & Connolly LLP.

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