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Prosecution, Defense Both Rest in Elizabeth Holmes Fraud Trial

SAN JOSE (CBS SF) -- The prosecution and the defense have rested in the Elizabeth Holmes Theranos fraud trial.

That announcement came from attorneys, just moments after Holmes stepped down from the witness stand.

In her final moments testifying before the jury, Holmes strongly denied the charges against her.
Her attorney asked her if she ever attempted to mislead Theranos investors, or endanger Theranos patients. Holmes said without hesitation to both, "of course not."

"That's the ultimate question. Did she defraud anyone? Did she defraud the patients and the investors. That's the reason we've been here for months," said Michele Hagan, a former prosecutor and Legal Analyst.

Next will come jury instructions, and then the attorneys will make closing arguments before handing the case to the jury sometime next week.

Judge Edward Davila told the jury they could begin deliberations a few days before Christmas, or even wait until after the new year to start.

"Remember, they are told they are not supposed to discuss this case at all during any breaks. So, you're with 11, 12, 13, other people, the only thing they have in common is the trial and the one thing you cannot talk about is the trial," said Prof. Ellen Krietzberg, of the Santa Clara School of Law.

And there could be one more dramatic move from the prosecution. U.S. Attorneys are expected to ask the judge to throw out Holmes' testimony about being abused by her former boyfriend and business partner Sunny Balwani because the defense never produced an expert witness to support her claims that it could have affected her decisions as Theranos CEO.

"If they don't lay a foundation for that, the judge could just rule it's irrelevant and throw it all out," Hagan said.

Attorneys will argue the point and it could be a significant part of jury instructions.

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