The Elizabeth Holmes Trial: Judge Instructs Jurors to Keep Deliberating

The note marked a crucial update from the jury of eight men and four women since it was handed the case Dec. 17. After consultation with lawyers on both sides, U.S. District Judge

Edward Davila

instructed the jurors to keep deliberating and reminded them of the instructions they must follow to make their decision and that the prosecution has the burden to prove Ms. Holmes’s guilt beyond a reasonable doubt.

“Take as much time as you need to discuss things. There is no hurry,” Judge Davila said, reading aloud what’s known as an “Allen charge” or a “dynamite charge” used to help deadlocked juries reach a verdict.

He then sent the 12 jurors back to continue deliberating, telling them to notify the court if they have additional questions.

Ms. Holmes hugged her mother and partner, Billy Evans, after the jurors left the courtroom. Her defense lawyers told the judge they preferred he didn’t read the Allen charge at risk of it being coercive to the jury.

Jurors are deliberating on 11 counts of wire fraud and conspiracy to commit wire fraud pertaining to Ms. Holmes’s leadership of her defunct blood-testing startup.

(More to come)

Write to Heather Somerville at [email protected] and Sara Randazzo at [email protected]