Retail sales jumped in October in a third straight month of gains.

 

Erin Griffith

Eisenman says, “It’s a little misleading — we are on the same page because I feel that I was lied to and cheated from the company.”

 

Erin Griffith

Downey asked Eisenman about his relationship with the prosecution. He gives squirrely answers and we eventually see an email from 2018 where Eisenman says “You know that I am a faithful part of your team and will do all that I can to help your case.”

 

Erin Griffith

We are back to the legal boilerplate fight. Eisenman refuses to answer yes/no questions about it. And remember: legal disclaimers are there for a reason! They will be used against you in court!

 

Erin Griffith

Defense counsel Downey: “As I suspected there are some indications in the notes that the notes are not what Mr. Eisenman described in his direct examination. … At some point additional info has been inserted in a different color ink.”

 

Erin Griffith

During our break (is it too early for lunch?), the lawyers from both sides are going to review the notes that defense filed a subpoena for in a side room.

 

Erin Griffith

Another scathing email from Balwani. Eisenman emailed about a news article that says Theranos could become obsolete. Balwani: “I think these emails are beyond ridiculous.”

 

Erin Griffith

Downey makes the point that Eisenman chose to invest more into Theranos, despite the fact that Balwani had “ignored or intimidated” him.

 

Erin Griffith

Lots of cross-talk chaos between Eisenman, Downey, the court reporter and Judge Davila, who jumps in: “Let’s reset. It goes by question and answer. The lawyers get to ask the questions and it’s your privilege to answer them.”

 

Erin Griffith

It is not great to have examples of government agents telling Eisenman “do not contact us” juxtaposed with emails from Holmes telling him “do not contact us.”

 

Erin Griffith

Over the weekend defense subpoenaed Eisenman for his notes about the Theranos investment and Downey demands he gives them to the court admin. Eisenman wants more info on the process.

 

Erin Griffith

Eisenman: “I’m a smart guy.” Downey: “Did the government agree with that smart judgment?” (prosecution objects)

 

Erin Griffith

Agent Hernandez called Eisenman and said to not communicate with the government about the substance of the trial. Eisenman then apparently sent another email to the government the next morning and the government called *again* with Mr. Bostic, saying not to communicate with them.

 

Erin Griffith

We were going to see the email he sent to Agent Hernandez on the prosecution’s team offering “some reflections” on his testimony, but prosecution objected to admitting evidence that was 90% redacted.

 

Erin Griffith

Downey: “How long did it take you to violate that directive? Was it less than about 15 hours?” Eisenman: “I don’t recall.” 😬

 

Erin Griffith

Uh ohhh, Downey points out that Eisenman flew back to Houston after his initial testimony Wednesday evening and immediately violated his directive to not discuss the trial with anyone.

 

Erin Griffith

Eisenman also reached out to Bill Frist through his father-in-law, Joel Gordon, a wealthy political donor…