Former Theranos CEO, Elizabeth Holmes, leaves a federal courthouse in San Jose.

Yasmin Khorram

The judge in the Elizabeth Holmes case on Wednesday refused to transfer the trial date in spite of the defense’s considerations about a honest trial due to the COVID-19 pandemic.

Lance Wade, a protection attorney for Holmes, pleaded with the judge to deem the situation “important” in light of several orders telling individuals to continue to be indoors.

“There are particular core features this sort of as serving subpoenas and conference with witnesses that can’t be done remotely,” Wade claimed. “They need to have to, less than present law, be carried out in-man or woman and some require to be performed now to keep the present timetable.”

Holmes’ lawyers submitted a motion this week that reported the coronavirus has manufactured preparations for her July 28 demo challenging and questioned for an get to allow for them to travel, provide subpoenas and interview witnesses – steps that could be illegal during this time.

“Let’s minimize to the chase,” U.S. District Judge Edward Davila said. “What you might be stating is because of the existing disaster it truly is pretty much unachievable to proceed?”

“This hard path we’re on, we have walked into Mt. Everest,” Wade said. “It really is shut to extremely hard.”

Davila purchased equally sides to meet and go over what responsibilities can be accomplished amid the pandemic.

“I’m not likely to disturb our trial day these days,” Davila reported. “But I am also aware July 28 is coming quickly. I’m anxious what our jury pool is going to look like and be like in July, what the national ailment is heading to be like in July offered these terrible circumstances. That’s not dropped on me.”

Wednesday’s status listening to was done by mobile phone. Holmes waived her look but her co-defendant Ramesh “Sunny” Balwani was existing.

The San Jose federal courthouse exactly where Holmes’ situation is currently being attempted has been temporarily shut down following a customer tested favourable for COVID-19.

Holmes’ company Theranos, a blood-screening startup as soon as valued at around $9 billion, promised its know-how could precisely run hundreds of checks with only 1 or two drops of blood. The business shut down in 2018 following a Wall Road Journal investigation exposed its unproven technology and dubious business procedures.

Holmes, a Stanford dropout, and Balwani were being indicted on nine counts of wire fraud and two counts of conspiracy to commit wire fraud with the now-defunct blood-testing company.

They each individual deal with up to 20 years in prison if convicted.

Davila not too long ago dropped many of the prices from the situation and severed Holmes’ trial from Balwani.

Pursuing jury collection, Holmes’ demo is scheduled to start out August 4.

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