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Judge in Holmes trial tells jurors they can’t take home instructions, as deliberations continue

Theranos founder Elizabeth Holmes arrives to attend her fraud trial at federal court in San Jose, California, December 17, 2021.
Peter DaSilva | Reuters

SAN JOSE, Calif — After 14 hours of deliberations, jurors in Elizabeth Holmes’ criminal trial asked Judge Edward Davila on Tuesday if they could take instructions home for review.

Davila, who has presided over the three-month case, denied their request.

“Jurors may not take the instructions home to review,” Davila told the courtroom. “The court views that as engaging in deliberations. All deliberations must take place only in the jury deliberation room.”

Holmes’ defense attorneys and the prosecutors on the case agreed. The jury was not present during Davila’s response, as they remained in the jury room.

Jurors were handed the case late Friday afternoon, after hearing from 32 witnesses, mostly from the prosecution. Holmes, 37, is charged with nine counts of wire fraud and two counts of conspiracy to commit wire fraud. She was the primary witness called by the defense.

Holmes, who pleaded not guilty, faces up to 20 years in prison if convicted. The request by the jurors late on Tuesday is an indication that it may not be an open-and-shut case in the eyes of the 12 people who are deciding Holmes’ fate.

The jury is off tomorrow and is scheduled to resume deliberations Thursday at 8:30 a.m. PT.

Holmes arrived at the San Jose courtroom on Tuesday with her attorneys, Lance Wade and Kevin Downey. Her parents and partner, Billy Evans, were also in attendance, sitting in the row behind her. Holmes embraced Evans just after Davila said they were dismissed for the day.

WATCH: Jury to get the case in Elizabeth Holmes trial

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