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(SAN JOSE, Calif.) — Theranos founder Elizabeth Holmes placed the logos of two major drug companies on blood-testing validation studies, which she then sent to Walgreens executives ahead of their lucrative retail partnership, she told jurors on Tuesday. Theranos also sent the reports to investors who bought millions of dollars of her start-up’s stock.

The embattled former CEO also acknowledged that Theranos did not publicly disclose it was running blood tests on third-party machines rather than the devices the company had pitched to potential investors and VIPs during demonstrations, chalking it up to trade secrets.

Holmes made the bombshell admissions before a packed courtroom in California’s Silicon Valley during her criminal fraud trial, where prosecutors have previously argued that she failed to tell investors about the third-party machines and doctored documents, which led them to believe the pharmaceutical companies had endorsed Theranos and its blood-testing technology.

Witnesses from both Pfizer and Schering-Plough Corporation testified earlier in the 12-week trial that Holmes did not have permission to use their trademarks on the studies.

But Holmes told jurors on Tuesday that she did not conceal her use of the logos, saying she used them “because this work was done in partnership with those companies and I was trying to convey that.”

“I wish I had done it differently,” Holmes said.

Holmes, a 37-year-old native of Washington, D.C, is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud. She could face decades behind bars if convicted.

She remains on direct examination and will continue her testimony Monday, after the long Thanksgiving holiday weekend.

Members of both the press and public began lining up outside the Robert F. Peckham Federal Courthouse in San Jose early Tuesday at around 2 a.m. PT to claim one of only 34 seats inside the courtroom to see Holmes take the stand for a third day. They stood outside the building for hours before Holmes, wearing a forest green dress and face mask, entered the courtyard just after 8 a.m. PT hand-in-hand with her mother, Noel Holmes, and her partner, Billy Evans.

While testifying Tuesday, Holmes said that in 2013, her company grappled with the high number of blood samples returning to their central lab. So they came up with inventions that allowed them to run the drops of blood originally intended for Theranos machines on modified third-party devices, such as the Siemens ADVIA.

Holmes admitted to jurors that she did not explicitly tell investors, or even Walgreens executives, “in this way” about these third-party devices Theranos was running samples on, per advice from her company’s legal counsel.

“If we disclosed that information, we would lose trade secret protection,” she said. “The big medical device companies like Siemens could easily reproduce what we had done if they knew what we were doing. They had more engineers than we did and a lot more resources.”

Throughout her testimony, Holmes only mentioned the name of her ex-boyfriend and former Theranos COO Ramesh “Sunny” Balwani a handful of times. But when she did, she talked about how he was in charge of financial projections and responsible for handling some investors.

Balwani was charged as Holmes’ co-conspirator, but their cases were severed after Holmes claimed they had an “abusive intimate-partner relationship,” according to court documents. Balwani has denied the allegations.

 

Copyright © 2021, ABC Audio. All rights reserved.

(WAUKESHA, Wis.) — Six people, including an 8-year-old, were killed after an SUV driver plowed into a Christmas parade in Waukesha, Wisconsin, on Sunday afternoon.

The 39-year-old suspect is in custody.

Here is what we know about the lives lost:

Tamara Durand, 52

Tamara Durand was dancing for the first time with the Dancing Grannies group at the parade, the Milwaukee Journal Sentinel reported.

A former elementary school teacher, Durand recently turned her focus to watching her grandson several days a week so her daughter could attend nursing school, the newspaper said.

Durand’s husband, Dave Durand, said in a statement, “Tammy was a vibrant, loving and warm woman who we all miss deeply already. Her memory will bring joy to all who knew her.”

Jane Kulich, 52

Jane Kulich is survived by her husband, three children and grandchildren, said her niece, Desiree Kulich.

Kulich was family-oriented, her niece said, and went to church each Sunday and held a family game night on the weekends.

“My aunt Jane was one of those people that could be described as an angel on Earth. She was one of those people that you could tell anything to and not fear to be judged,” Desiree Kulich told ABC News via email.

“Family was always first,” she said. “The whole family feels robbed.”

Virginia Sorenson, 79

Virginia Sorenson was dancing with the Dancing Grannies at the parade, a group she had been with for 19 years.

She loved to dance and helped choreograph the group’s routines, the Milwaukee Journal Sentinel reported.

Sorenson was a registered nurse, grandmother and animal lover, caring at home for horses, chickens, dogs and cats, the Sentinel reported.

She leaves behind a husband of 56 years, the Sentinel reported.

Wilhelm Hospel, 81

Wilhelm Hospel’s wife, Lola, was a former member of the Dancing Grannies and a friend of victim Leanna Owen, said Owen’s son.

Wilhelm Hospel was retired but spent his time doing repair work at a rental property he owned, his brother, Theodore Hospel, told The New York Post.

“He was so healthy,” Theodore Hospel said. “He was a strong person and even would help me out a lot of times because he was so strong. I cannot believe it.”

Leanna Owen, 71

Leanna Owen, who went by Lee, was a grandmother of three and a member of the Dancing Grannies.

Her son, Chris Owen, called the group “a big part of her life,” adding, “She loved dancing in the parades.”

Chris Owen said in a statement to ABC News, “She tried to help everyone she could. People who knew her loved her.”

Jackson Sparks, 8

Jackson Sparks, 8, and his 12-year-old brother Tucker were both hospitalized in intensive care after being “seriously injured” at the parade, according to a statement released Tuesday by a local church on behalf of their parents.

Jackson died on Tuesday from his injuries.

“Tucker, by the grace of God is miraculously recovering,” the statement said.

Jeff Rogers, president of the Waukesha Blazers Baseball/Fastpitch Softball Club, called Jackson “a sweet, talented boy who was a joy to coach.”

“Jackson was tender-hearted with a contagious smile,” Rogers said. “He was the little guy on the team that everyone supported. You couldn’t help but love him.”

ABC News’ Nadine Shubailat, Ahmad Hemingway, Jessica Hornig and Aaron Katersky contributed to this report.

Copyright © 2021, ABC Audio. All rights reserved.

(BRUNSWICK, Ga.) — A Georgia jury resumed deliberating on Wednesday the fates of three white men charged with trapping Ahmaud Arbery with their pickup trucks and fatally shooting him.

“Your oath requires that you will decide this case based on the evidence,” Judge Timothy Walmsley told the jury before sending the panel off to begin their deliberations on Tuesday.

The jury got the case after Linda Dunikoski, the Cobb County, Georgia, assistant district attorney appointed as a special prosecutor in the Glynn County case, took two hours to rebut the closing arguments made on Monday by attorneys for the three defendants.

The jury, comprised of 11 white people and one Black person, heard wildly different summations on Monday of the same evidence in the racially-charged case. Dunikoski alleged the defendants pursued and murdered Arbery because of wrong assumptions they made that the Black man running through their neighborhood had committed a burglary, while defense attorneys countered that Arbery was shot in self-defense when he resisted a citizen’s arrest.

Travis McMichael, the 35-year-old U.S. Coast Guard veteran; his father, Gregory McMichael, 65, a retired Glynn County police officer, and their neighbor, William “Roddie” Bryan, 53, each face maximum sentences of life in prison if convicted on all the charges.

The defendants have pleaded not guilty to a nine-count state indictment that includes malice murder, multiple charges of felony murder, false imprisonment, aggravated assault with a 12-gauge shotgun and aggravated assault with their pickup trucks.

The McMichaels and Bryan were also indicted on federal hate crime charges in April and have all pleaded not guilty.

Latest headlines:
-Jury resumes deliberations
-Jury sent home for the night
-Defense attorneys call for a mistrial
-‘Ignorance of the law is no excuse’: Prosecutor
-Travis McMichael’s attorney gives closing argument
-Prosecutor says defendants attacked Arbery because he was Black

Here’s how the news developed. All times Eastern.

Nov 24, 10:11 am
Jury asks to view video of Arbery shooting

The jury was shown multiple times the now-famous video showing a struggle between Travis McMichael and Ahmaud Arbery over McMichael’s shotgun that partly captured the fatal shooting.

The panel sent a note to Judge Walmsley asking to view a short version of the video and an enhanced, high-contrast video of the deadly struggle. As per their request, the jury was played the videos three times each.

It was the first request from the jury to review any evidence in the case since they began deliberating on Tuesday.

The jury also asked to hear a 911 call between Greg McMichael and a police dispatcher around the time of the shooting on Feb. 23, 2020. In the 911 call played for the jury inside the Glynn County courtroom, Greg McMichael is heard explaining his emergency was “there’s a Black male running down the street.” He was also overheard yelling to Arbery: “Stop. Goddammit, stop” and “Travis.”

Nov 24, 9:01 am
Jury resumes deliberations

The jury resumed its deliberations on Wednesday morning, after working a little over six hours on Tuesday.

The panel was called into the Glynn County courtroom around 8:30 a.m. and Judge Walmsley thanked them for their service and sent them off to continue their discussions.

Nov 23, 6:34 pm
Jury sent home for the night

After more than six hours of deliberations on Tuesday, the jury was sent home for the night.

Judge Timothy Walmsley sent the panel home after questioning the jury foreperson about the jury’s progress.

“We are in the process of working to reach a verdict,” the jury foreperson told Walmsley.

When Walmsley asked if a verdict was imminent, the foreperson said, “At this moment, I think breaking for the day would be the best option.”

The foreperson went back and conferred with the other jurors, who initially said they wanted to keep working. But minutes later, Walmsley called the jury into the courtroom and told the panel it was a good time to break for the day and sent them home.

Deliberations will resume at 8:30 a.m. on Wednesday.

Nov 23, 11:34 am
Judge gives jury final instructions

Judge Timothy Walmsley read the jury final instructions and explained the law and each charge to the jury before sending the panel off to deliberate their verdicts.

Walmsley told the jury that they must reach a unanimous verdict beyond a reasonable doubt, explaining that does not mean “beyond all doubt” or to a “mathematical certainty.”

He reminded the jury that the defendants have all pleaded not guilty to the charges and that the burden of proof is solely on the prosecution.

Walmsley said that lesser charges could only be considered against William “Roddie” Bryan. He said the lesser charges against Bryan are simple assault, reckless conduct and reckless driving.

“Each of you must decide this case for yourself,” Walmsley said.

Copyright © 2021, ABC Audio. All rights reserved.

(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.1 million people have died from the disease worldwide, including over 773,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.

Just 59.2% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.

Here’s how the new is developing. All times Eastern:

Nov 24, 8:59 am
Fauci says definition of fully vaccinated could ‘without a doubt’ change

Dr. Anthony Fauci told Reuters Tuesday that the definition of fully vaccinated could change as more evidence emerges on how vaccine protection can wane over time.

“Right now, officially, fully vaccinated equals two shots of the mRNA and one shot of the J&J, but without a doubt that could change,” Fauci said. “That’s on the table for discussion.”

Fauci told Reuters that the “overwhelming majority” of Americans who have been fully vaccinated should now receive a booster shot given the evidence that the additional dose provides “substantial” protection.

-ABC News’ Arielle Mitropoulos

Nov 24, 3:25 am
Massachusetts asks hospitals with limited capacity to reduce elective surgeries

Hospitals with limited capacity in Massachusetts are being asked to, once again, begin reducing elective surgeries.

The Massachusetts Department of Public Health released the updated guidance to hospitals on Tuesday. The guidance explains that, “on a statewide basis, hospitals are currently operating at over 90% inpatient capacity,” which it says “is compounded by 500 fewer acute care inpatient beds available as a result of unprecedented staffing shortages.”

“The current strain on hospital capacity is due to longer than average hospital stays and significant workforce shortages, separate and apart from the challenges brought on by COVID,” Massachusetts Secretary of Health and Human Services Marylou Sudders said in a statement Tuesday. “COVID hospitalizations in Massachusetts remain lower than almost every other state in the nation, but the challenges the healthcare system face remain, and this order will ensure hospitals can serve all residents, including those who require treatment for COVID-19.”

Although COVID-19 hospitalizations in Massachusetts are still significantly lower than last January, when more than 2,000 patients were receiving care, approximately 740 patients are currently hospitalized across the state.

Given the current “high census level” and expected increase in hospitalization rates, as seen last year during the period following Thanksgiving and through January, the Massachusetts Department of Public Health said a “concerted effort to preserve inpatient capacity” was necessary.

The current strain on the Bay State’s health care system has been further exacerbated by staffing shortages.

“We are now seeing significant strain on hospital capacity due largely to workforce shortages and an influx of non-COVID-19 patients who deferred care and now need complex medical care,” Steve Walsh, president and CEO of the Massachusetts Health and Hospital Association, said in a statement Tuesday.

The reduction of non-essential, non-urgent scheduled procedures will not apply to ambulatory services, pediatric care or immunizations, pregnancy terminations and essential, urgent inpatient procedures that have a high risk or would lead to a significant worsening of the patient’s condition, if deferred.

-ABC News’ Arielle Mitropoulos

Nov 23, 3:58 pm
New cases in US up by more than 42%

New cases in the U.S. have jumped by more than 42% over the last four weeks, according to federal data.

These states as well as Washington, D.C., have seen at least a 10% uptick in daily cases over the last two weeks: Arkansas, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Virginia and Wisconsin.

Michigan is currently experiencing its highest case average of the entire pandemic, according to federal data.

New York is now averaging its highest number of new cases since February.

More than 101 million Americans remain completely unvaccinated; 81 million of those people are over the age of 5 and thus eligible to be vaccinated, according to federal data.

-ABC News’ Arielle Mitropoulos

Nov 23, 3:02 pm
Denver hospitals running out of space

Denver area hospitals are 95% full, Denver Health CEO Robin Wittenstein warned at a Tuesday news conference.

“Emergency rooms are routinely diverting patients because they simply don’t have the capacity to take care of people who need help,” Wittenstein said.

Eighty-three percent of hospitalized COVID-19 patients in Colorado are unvaccinated, said Bob McDonald, executive director of Denver’s Department of Public Health and Environment.

“To suggest that the vaccines don’t work… that’s like suggesting seatbelts don’t work,” McDonald said.

Denver is implementing an indoor mask mandate unless businesses choose to require proof of vaccination.

-ABC News’ Zachary Ferber

Copyright © 2021, ABC Audio. All rights reserved.

(NEW YORK) — As the COVID-19 pandemic has swept the globe, more than 5.1 million people have died from the disease worldwide, including over 773,000 Americans, according to real-time data compiled by Johns Hopkins University’s Center for Systems Science and Engineering.

Just 59.2% of the population in the United States is fully vaccinated against COVID-19, according to data from the Centers for Disease Control and Prevention.

Here’s how the new is developing. All times Eastern:

Nov 24, 9:37 am
700K more could die in Europe between now and March: WHO

An additional 700,000 people in Europe could die from COVID-19 between now and March, the World Health Organization said Tuesday.

COVID-19 is now Europe’s leading cause of death, the WHO said.

Deadly deaths in Europe neared 4,200 last week, which is twice as many as the daily deaths at the end of September, according to the WHO.

-ABC News’ Dragana Jovanovic

Nov 24, 3:25 am
Massachusetts asks hospitals with limited capacity to reduce elective surgeries

Hospitals with limited capacity in Massachusetts are being asked to, once again, begin reducing elective surgeries.

The Massachusetts Department of Public Health released the updated guidance to hospitals on Tuesday. The guidance explains that, “on a statewide basis, hospitals are currently operating at over 90% inpatient capacity,” which it says “is compounded by 500 fewer acute care inpatient beds available as a result of unprecedented staffing shortages.”

“The current strain on hospital capacity is due to longer than average hospital stays and significant workforce shortages, separate and apart from the challenges brought on by COVID,” Massachusetts Secretary of Health and Human Services Marylou Sudders said in a statement Tuesday. “COVID hospitalizations in Massachusetts remain lower than almost every other state in the nation, but the challenges the healthcare system face remain, and this order will ensure hospitals can serve all residents, including those who require treatment for COVID-19.”

Although COVID-19 hospitalizations in Massachusetts are still significantly lower than last January, when more than 2,000 patients were receiving care, approximately 740 patients are currently hospitalized across the state.

Given the current “high census level” and expected increase in hospitalization rates, as seen last year during the period following Thanksgiving and through January, the Massachusetts Department of Public Health said a “concerted effort to preserve inpatient capacity” was necessary.

The current strain on the Bay State’s health care system has been further exacerbated by staffing shortages.

“We are now seeing significant strain on hospital capacity due largely to workforce shortages and an influx of non-COVID-19 patients who deferred care and now need complex medical care,” Steve Walsh, president and CEO of the Massachusetts Health and Hospital Association, said in a statement Tuesday.

The reduction of non-essential, non-urgent scheduled procedures will not apply to ambulatory services, pediatric care or immunizations, pregnancy terminations and essential, urgent inpatient procedures that have a high risk or would lead to a significant worsening of the patient’s condition, if deferred.

-ABC News’ Arielle Mitropoulos

Nov 23, 3:58 pm
New cases in US up by more than 42%

New cases in the U.S. have jumped by more than 42% over the last four weeks, according to federal data.

These states as well as Washington, D.C., have seen at least a 10% uptick in daily cases over the last two weeks: Arkansas, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Virginia and Wisconsin.

Michigan is currently experiencing its highest case average of the entire pandemic, according to federal data.

New York is now averaging its highest number of new cases since February.

More than 101 million Americans remain completely unvaccinated; 81 million of those people are over the age of 5 and thus eligible to be vaccinated, according to federal data.

-ABC News’ Arielle Mitropoulos

Nov 23, 3:02 pm
Denver hospitals running out of space

Denver area hospitals are 95% full, Denver Health CEO Robin Wittenstein warned at a Tuesday news conference.

“Emergency rooms are routinely diverting patients because they simply don’t have the capacity to take care of people who need help,” Wittenstein said.

Eighty-three percent of hospitalized COVID-19 patients in Colorado are unvaccinated, said Bob McDonald, executive director of Denver’s Department of Public Health and Environment.

“To suggest that the vaccines don’t work… that’s like suggesting seatbelts don’t work,” McDonald said.

Denver is implementing an indoor mask mandate unless businesses choose to require proof of vaccination.

-ABC News’ Zachary Ferber

Copyright © 2021, ABC Audio. All rights reserved.

(BRUNSWICK, Ga.) — A Georgia jury resumed deliberating on Wednesday the fates of three white men charged with trapping Ahmaud Arbery with their pickup trucks and fatally shooting him.

“Your oath requires that you will decide this case based on the evidence,” Judge Timothy Walmsley told the jury before sending the panel off to begin their deliberations on Tuesday.

The jury got the case after Linda Dunikoski, the Cobb County, Georgia, assistant district attorney appointed as a special prosecutor in the Glynn County case, took two hours to rebut the closing arguments made on Monday by attorneys for the three defendants.

The jury, comprised of 11 white people and one Black person, heard wildly different summations on Monday of the same evidence in the racially-charged case. Dunikoski alleged the defendants pursued and murdered Arbery because of wrong assumptions they made that the Black man running through their neighborhood had committed a burglary, while defense attorneys countered that Arbery was shot in self-defense when he resisted a citizen’s arrest.

Travis McMichael, the 35-year-old U.S. Coast Guard veteran; his father, Gregory McMichael, 65, a retired Glynn County police officer, and their neighbor, William “Roddie” Bryan, 53, each face maximum sentences of life in prison if convicted on all the charges.

The defendants have pleaded not guilty to a nine-count state indictment that includes malice murder, multiple charges of felony murder, false imprisonment, aggravated assault with a 12-gauge shotgun and aggravated assault with their pickup trucks.

The McMichaels and Bryan were also indicted on federal hate crime charges in April and have all pleaded not guilty.

Here’s how the news developed. All times Eastern:

Nov 24, 9:01 am
Jury resumes deliberations

The jury resumed its deliberations on Wednesday morning, after working a little over six hours on Tuesday.

The panel was called into the Glynn County courtroom around 8:30 a.m. and Judge Walmsley thanked them for their service and sent them off to continue their discussions.

Nov 23, 6:34 pm
Jury sent home for the night

After more than six hours of deliberations on Tuesday, the jury was sent home for the night.

Judge Timothy Walmsley sent the panel home after questioning the jury foreperson about the jury’s progress.

“We are in the process of working to reach a verdict,” the jury foreperson told Walmsley.

When Walmsley asked if a verdict was imminent, the foreperson said, “At this moment, I think breaking for the day would be the best option.”

The foreperson went back and conferred with the other jurors, who initially said they wanted to keep working. But minutes later, Walmsley called the jury into the courtroom and told the panel it was a good time to break for the day and sent them home.

Deliberations will resume at 8:30 a.m. on Wednesday.

Nov 23, 11:34 am
Judge gives jury final instructions

Judge Timothy Walmsley read the jury final instructions and explained the law and each charge to the jury before sending the panel off to deliberate their verdicts.

Walmsley told the jury that they must reach a unanimous verdict beyond a reasonable doubt, explaining that does not mean “beyond all doubt” or to a “mathematical certainty.”

He reminded the jury that the defendants have all pleaded not guilty to the charges and that the burden of proof is solely on the prosecution.

Walmsley said that lesser charges could only be considered against William “Roddie” Bryan. He said the lesser charges against Bryan are simple assault, reckless conduct and reckless driving.

“Each of you must decide this case for yourself,” Walmsley said.

Nov 23, 10:56 am
Prosecutor pokes holes in Travis McMichael’s testimony

Prosecutor Linda Dunikoski suggested to the jury that Travis and Greg McMichael became angry at Ahmaud Arbery after he ignored their calls to stop when they pulled up alongside him during the pursuit.

Dunikoski attacked the testimony of Travis McMichael, pointing out inconsistencies and claims she alleged were concocted for the trial.

Dunikoski said neither Travis McMichael nor his father told police on the day of the shooting that they were trying to place Arbery under criminal arrest because they believed he had committed a burglary at a home under construction in their neighborhood.

The prosecutor cited Travis McMichael’s testimony that he thought his father had called 911 before they set out to chase Arbery.

“Does anybody believe that?” asked Dunikoski, suggesting that a dispatcher would have kept Greg McMichael on the line to get more information.

She scoffed at Travis McMichael’s claim on the witness stand that he didn’t know what his father yelled at Arbery as they chased him, including the alleged statement threatening to shoot Arbery.

She said Travis McMichael’s testimony was full of “maybes” and assumptions, including that Arbery may have committed a crime, that maybe he was caught.

“These are all maybes. He doesn’t know anything,” Dunikoski said.

Dunikoski also poked holes in Travis McMichael’s claim that he spoke to Arbery calmly during the pursuit, trying to get him to stop and answer questions about what he was doing in their neighborhood.

“Do you believe for a minute he was talking softly to Ahmaud Arbery?” Dunikoski asked the jury.

She played a 911 call Travis McMichael made after Arbery was cornered, and breathlessly reported his emergency that “A Black male was running down the street.” In the background of the call, Greg McMichael was heard yelling at Arbery, “Stop. Goddammit. Stop.”

The prosecutor wrapped up her rebuttal argument by telling the jury the defendants are all “parties to the crime” and asked the panel to convict them on all charges.

Copyright © 2021, ABC Audio. All rights reserved.