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Jurors in Elizabeth Holmes Fraud Trial To Resume Deliberating In 2022

SAN JOSE (KPIX 5) -- The jury in the Elizabeth Holmes federal fraud trial finished a sixth day of deliberations without reaching a verdict and will not meet again until 2022.

The jury has spent more than 40 hours weighing weeks of testimony and pouring over reams of documents in the case.

"The government had a very strong and compelling case. But Ms. Holmes and her team had an answer and a response for everything. And I think there's two competing narratives going on in that deliberation room," said legal analyst Steven Clark.

Prosecutors charged Holmes with 11 counts of fraud and conspiracy. They allege that she knowingly defrauded investors and deceived doctors and patients when her blood-testing technology was unreliable and inaccurate.

Holmes' defense team tried to counter that narrative with two days of tearful testimony from the defendant herself. Holmes claimed her relationship with co-defendant Sunny Balwani was controlling and abusive.

Her defense team further argued that neither ambition nor failure -- however public or costly -- were crimes in Silicon Valley.

"I do think the defense was able to get jurors to care about Ms. Holmes," Clark said. "And that's the first thing that you want to do as a defense attorney. You want the jurors to care about this decision deeply."

The jury has given little indication of which way they may be leaning for a verdict. They have not asked any additional questions since last Thursday's request to listen to an audio recording of Holmes speaking to investors.

Clark says he believes the jury is trying to be diligent, thorough and fair in arriving at the verdict they render.

"They're not going give a quick verdict because of the holidays or COVID or media coverage. I think this jury is marching on in very difficult circumstances," said Clark.

The court was scheduled to resume deliberations on Monday, January 3.

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