An attorney for Elizabeth Holmes said her team “strongly prefers” that she will not wear the masks normally used to prevent the spread of the coronavirus at the beginning of the trial later this month.

Elizabeth Holmes and the judge may be the only participants in her criminal trial who never wear a mask. The proliferation of delta variants has attracted great attention from participants.

Sherlock Holmes appeared in the San Jose Federal Court for the first time on Monday. This is since the pandemic closed courts across the United States. Her lawyers and prosecutors have been wearing masks and hiding behind plexiglass panels to set the basics for her trial scheduled to begin at the end of the year. Regular month.

U.S. District Judge Edward Davila (Edward Davila), sitting in a windowless courtroom, sitting behind his own plexiglass panel, sitting on top of others, is the only person who does not wear a mask. According to reports, Holmes gave birth to a child last month. During the hours-long hearing, she sat masked between her lawyers. The hearing covered a wide range of issues, including simply that she might be suffering for herself. Defense of mental illness.

The founder and former CEO of Theranos Inc. pleaded not guilty to allegations that she lied to doctors, patients and investors about the accuracy and capabilities of the company’s blood testing machines.

Concerns about how the infection derailed the three-month trial pervaded the hearing. Davila said he would ask the jurors to wear masks, and maybe they would make a brief exception when introducing themselves. The judge said he hopes to learn more about whether they have been vaccinated from the questionnaire sent out this week.

Davila said that potential jurors will speak on the podium during their selection, rather than passing a microphone.

A Sherlock Holmes lawyer said without explaining why her team “strongly preferred” her not to wear a mask during the trial. Obviously, her lawyer thought it would be good for her to show the jurors that she had nothing to hide. Davila did not rule on this request, but said he was open to exceptions-and why Holmes might choose to expose her full face.

He said he would ask the witnesses if they would testify without a mask behind the plexiglass bracket, “so that the jury can properly check their behavior.” He said that the lawyer who checked the witnesses could also take off their masks.

The prosecutor and the Sherlock Holmes team’s lawyer told Davila that they were vaccinated. The judge installed some air filters in the courtroom, possibly adding more, and is investigating the possibility of batch and rapid testing for the coronavirus.

He said that if jurors and lawyers feel uncomfortable, he will give them a “healthy rest.” The judge also added a fifth alternate juror and said that he is considering the best court layout to provide space for jurors.

“These are things we are thinking about now,” Davila said.

The hearing mainly focused on a questionnaire. Potential jurors will receive final instructions this week, as well as final instructions for those selected to serve as jurors. The jury election begins on August 31, and the debate is scheduled to begin on September 8.

Davila authorized prosecutors to evaluate Holmes last year because she said she might want trauma experts to testify on “mental illness or deficiency.” Legal experts said that Holmes may be testing a legal argument that she was traumatized by a relationship.

“The court intends to raise some questions in these areas,” Davila said on Monday, adding that he hopes to “give fair notice to both parties.” The judge also stated that he wanted to ask the jurors what they knew about “people who have known a relationship before.” He did not explain further, but the investigation may be related to Holmes’ romantic relationship with former Theranos president Ramesh “Sunny” Balwani, who will face a separate criminal trial next year.

The case is United States v. Holmes, 18-cr-00258, District Court for the Northern District of California (San Jose).

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