Theranos Trial: Scientist Takes Stand, Says Holmes Had ‘Cagey’ Responses To Company’s Technology

SAN JOSE (KPIX 5) – A witness for the prosecution in the Elizabeth Holmes fraud trial testified Tuesday that the Theranos founder was “cagey” in her responses to questions about the company’s technology.

Constance Cullen was a scientist working for pharmaceutical company Schering-Plough, which was interested in the Theranos technology in 2009.

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But in a meeting with Holmes and Theranos executives, Cullen said Holmes gave insufficient answers to technical questions and interrupted other executives to stop them from answering questions.

The deal fell through, but prosecutors showed the jury materials that Holmes later used in a presentation to Walgreens that carried the Schering-Plough logo, falsely portraying the company as having validated the Theranos technology.

“Once it could be an oversight, twice it starts looking intentional,” said Ellen Kreitzberg, professor at the Santa Clara University School of Law.

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Kreitzberg told KPIX 5 it’s the second time the jury has heard that Holmes misrepresented reputable companies, the first being Pfizer.

“These are documents that are very straightforward, easy for the public, for jurors to understand. It goes straight to her knowledge of misinformation and from that they can infer that she intended to defraud by doing it,” Kreitzberg said.

Prominent attorney Daniel Mosley next took the witness stand Tuesday.  Mosley said he was asked by his friend, former Secretary of State Henry Kissinger, to investigate Theranos as an investment opportunity for them both.

Mosley said he too was fooled by the Pfizer logo on Theranos documents and had questions about the company.

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Ultimately, Moseley recommended Kissinger invest. Mosley also invested $6 million dollars, after writing to Holmes that he was “enamored” with what she was doing.