The federal judge overseeing the upcoming criminal trial of Theranos Inc. founder Elizabeth Holmes said Tuesday the level of secrecy in the case concerned him and indicated he could unseal more documents in response to a challenge by The Wall Street Journal’s publisher.
More than a third of the hundreds of documents filed in the case are under seal, the Journal found.
U.S. District Judge Edward Davila gave attorneys for Ms. Holmes and Ramesh “Sunny” Balwani, a former Theranos executive and Ms. Holmes’s onetime boyfriend, until the end of the week to propose versions of sealed documents that could become public with redactions.
Ms. Holmes and Mr. Balwani each face a dozen counts of wire fraud and conspiracy to commit wire fraud for what federal prosecutors say was a scheme to defraud investors and patients about the nature of Theranos’s technology.
The indictment alleges the pair touted the ability of Theranos’s proprietary blood-testing device to accurately test for a wide range of health conditions using a few drops of blood from a finger prick, when they knew it was unreliable and performed a limited number of tests.
