Can Elizabeth Holmes’ Domestic Abuse Defense Work in Theranos Fraud Trial? | Analysis

Once celebrated as a rare young female entrepreneur in the biotech industry, former Theranos CEO Elizabeth Holmes kicked off her criminal trial this week with an unusual defense based on domestic abuse and mental health suffering at the hands of her former business and romantic partner Ramesh “Sunny” Balwani. Attorneys for Holmes, who faces 12 criminal counts of fraud and conspiracy for lying to investors and others about her now-dissolved company’s blood-testing technology, said last year they planned to raise her mental condition as part of their defense. Recent documents show they may now introduce evidence against former Theranos COO Balwani for emotionally, sexually and psychologically abusing her. (Balwani, who is awaiting a separate trial next year, has vehemently denied the abuse claims.) But experts say using domestic abuse and Holmes’ mental state as defense could come with major hurdles. The defense will have to show a connection in how these circumstances ultimately influenced Holmes’ actions at the company and her overall intent to defraud. For one, partner abuse typically happens behind closed doors between two people. Holmes and Balwani had kept their intimate relationship under wraps. “Without all that material evidence, it’s going to be difficult to use that...

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