The jury in the deliberations of former Theranos executive Sunny Balwani asked the judge Wednesday what happens if the jury can’t agree on a specific count.
The judge received the question in the form of a note, reported NBC Bay Area.
The jurors reportedly wanted to know if there was another option besides guilty and non guilty.
Balwani, the former boyfriend of company founder Elizabeth Holmes, faces charges of 10 counts of wire fraud and two counts of conspiracy to commit wire fraud.
The jury received the case late Friday after the defense rested its case.
The Wall Street Journal reports that Balwani’s lawyers argued during the 13-week trial that he sincerely believed that Theranos technology which supposedly could process hundreds of blood tests with a single prick of blood worked.
“Over and over again, the government decided not to show you the whole story,” Balwani’s attorney, Jeffrey Coopersmith, told jurors.
The company collapsed after receiving $1 billion in investments when an investigation by the Wall Street Journal found Theranos really could not confirm its claims about its product.
Federal prosecutors portrayed Balwani as a willing conspirator in the fraud with his ex-girlfriend.
“Mr Balwani is not a victim. He is the perpetrator of the fraud,” prosecutor Jeffrey Schenk said last week in closing arguments, the Guardian reported.
In a separate trial, a jury found Holmes guilty of four counts of defrauding investors out of 100s of millions of dollars.
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I doubt Sunny is going to walk. Previously, in Elizabeth Holmes trial, the jury couldn’t decide on several counts against her as well. But they did find her guilty on 4 counts. She will be sentenced in September. More than likely, so will Sunny. Then they can both get what they deserve. They are both cons, cheaters and liars. And thieves too.