. >>> new test money in the theranos fraud trial is showing how elizabeth holmes relationship with a texas investor soured over time, and then sweetened again when the company needed more money. len ramirez in san jose with the details. >> reporter: today's witness was one of the smaller investors in this case, especially when compared with some of the billionaires that have come before, but he did have a lot of questions, and according to test today, if you asked too many questions, you fall out of favor with elizabeth holmes. allen is a retired money manager from houston who was an early investor in theranos, putting down $1.2 million, combination with this wife and adult children in 2006. he testified that he would speak often with elizabeth holmes on the phone, who said theranos had billionaire larry ellison as a board member and adviser and that the company would grow to $60 million in revenue in 2007, and $200 million in 2008. >> he is pointing the finger directly at what elizabeth holmes told him. bussed on those claims and representations that elizabeth holmes made to him, he

he testified that he met elizabeth holmes and sonny balwani in 2013 about investing in theranos. he testified that holmes did most of the talking, and that she told him that theranos devices were being used by the department of defense and battlefield situations and medevac units, and that several big pharmaceutical firms are using the devices and patient trials. other witnesses have testified that both statements are false point >> this witness had decades of being a biotech analyst, and even he got duped by the claims that elizabeth holmes and sonny balwani made, on two occasions. >> reporter: he testified that as part of his due diligence, he went to the palo alto walgreens, which was one of the first to to use theranos devices to do blood tests for customers. he said he did not get a fingerstick blood draw, but rather a venous puncture like any other lab would do. he said sonny balwani later told him it was because he had an unusual test done that theranos wasn't doing it. despite that, he invested $96 million in theranos. >> fear of missing out on the next apple the next tes

today the jury heard that distinct voice of elizabeth holmes. a recording was played during the trial. a journalist wrote a cover story on holmes for fortune magazine. he wrote a follow-up article how theranos misled him. holmes was speaking with that deep voice. if holmes testifies, she may find herself battling her own public perception. >> i think it's a very dangerous gamble on behalf of the defense because if the jury is sitting there and they see such a duality between elizabeth holmes the persona and elizabeth holmes the person, that's very close to seeing someone as a fraud. >> we're not sure if she'll testify. also on the stand today, erin tomkins who was told by a theranos test she had hiv. further testing on nontheranos machines showed that that wasn't true. she did not have hiv. let's bring in our business and tech reporter scott budman. i remember i did an event with her. i walked in and i heard that voice behind me. i turned around, she can really captivate a room. >> she cap invaded a lot of big donors and she got a lot of money a

. >> elizabeth holmes back on the stand. the new details about her company's partnership with walgreens. and why one expert calls it a bombshell. abc7 at [crowd cheering] i'm not a coach, but i invested in invesco qqq. which gives me access to next-gen statistical analysis software. become an agent of innovation with invesco qqq. ♪ ♪ you can jump. $0 gym membership and free fitbit®. for occasional heavy lifting. now the medicare advantage plans from scan health plan give you more ways to save money. scan plans can include low maximum out-of-pocket costs, comprehensive dental coverage, and so much more. for the benefits that matter most to you, call scan at 1-877-212-7226. or ask your agent about scan. >> elizabeth holmes wrapped up her third and final day of testimony as her criminal fog a trial is paused for the thanksgiving holiday. the former ceo is accused of $1 million. she testified about key documents experts say could complicate the prosecution's narrative. stephanie sierra has the update from federal court. >>

we will tell you what elizabeth holmes said. >>> this is nbc bay area news, and i'm raj mathai. not the holiday mood that any of us wanted on thanksgiving week. it is not often that we have a series of crime like this that impacts so many families and businesses and yes, even the police department. the primary what are we going to do about it? there is a bigger society question, but in the near term, organized gangs and what do we do with the flash mob robberies as they descend on the stores. you have seen the videos of them in the chaos making off with millions of dollars of merchandise. we have seen nearly a dozen stores hit including a dozen high-end stores in union scare. you have probably seen this friday night as the crews saw this unfold not at midnight, but 8:00 p.m. with families in union square under the glow of the christmas tree. louis vuitton with one of the many stores and burrbarry and today, louis vuitton is by appointment only, and you can't just walk in. and many luxury stores have boarded up or modifying the hours and the security measures. in san francisco, t

. >>> elizabeth holmes is back on the stand. the first time she talks about her boyfriend. >>> the president promising relief at the pump. >> i will do whatever it takes to lessen the price at the pump. >> how much impact will it have here in california? >>> good evening, this is nbc bay area news tonight. i'm raj mathai. the question flight, is this just hot air or will things actually change? their meetings, their news conferences, will it lead to action? this evening, more tough talk and promises to end these flash mob burglaries. attorneys across california had a joint conference call, this doesn't happen often, to come up with a plan here. walnut creek, san jose, palo alto, larkspur, so many cities, so many stores and malls have been hit. some of the folks have been arrested but some have not been. consequences, are there enough consequences in the city for criminals? tonight the embattled district attorney says he's charging nine suspects from over the weekend with felonies. >> we stand together united to send a message to

. >>> the founder of theranos faces prosecutors in the fraud trial, what elizabeth holmes said about protecting trade secrets and what led to tears on the witness stand. >>> new federal support for a covid pill and a bay area doctor weighs in on where we stand with the omicron variant . >>> what sent the stock market plunging today. i am kenny choi and our top story , elizabeth holmes is back on the witness stand in the theranos fraud trial, this time answering to prosecutors . len ramirez stepped out of court to bring us this update. >> reporter: the prosecutor started cross examination of elizabeth holmes by asking about the 2015 wall street journal article which was highly critical of theranos . elizabeth holmes says she mishandled the process of the aftermath of the article and call the company response a disaster. she said she was trying to protect trade secrets by having company attorneys put pressure on some of the whistleblowers like tyler scholz. she cannot remember she says when pressed on key subjects and she cried on the witness stand after prosecutors asked her to read 2

. >>> all ours on elizabeth holmes today as she takes the witness stand again in the theranos trial . why this might be one of the most important parts of the case so far. >>> a mask ruler russell. coveup once again indoors. thanks for joining us. i'm kenny choi. our top story at 3:00 on kpix 5 and cbs and bay area, a wave of weekend crime, retail stores hit and you weekend of potshots. awaiting news conference from oakland's police chief to begin. we will bring that to you when it starts. >>> one of the alleged looting incidents happened at 3:00 this morning in the eastmont neighborhood of oakland. police responded to a report of a robbery on macarthur boulevard and saw several people trying to leave the area in different vehicles. someone in one of the vehicles opened fire. a marked opd vehicle was hit several times according to police. none of the officers work inside. >>> about an hour before that around 2:00 this morning, police responded to what we are hearing may have been a looting incident at a pot dispensary on telegraph. in san leandro, a shooting incident at the bluhm disp

and was she a visionary or a con artist elizabeth holmes testified in her fraud trial. >>> we're back now with the race to vaccinate and boost americans as families prepare to gather for the holidays authorities are stressing the importance of being protected as covid cases skyrocket in some parts of the country. here's miguel almaguer. a >> reporter: tonight the warning signs are clear in pockets of the country. a crushing new wave of covid cases is already eclipsing last winter's deadly surge as the u.s. closes in on 100,000 new cases a day, more than half the nation is now recording a rise in new infections >> we're far over capacity and really working hard to care for all these people. >> reporter: in parts of the midwest, the department of defense is sending medical teams to relieve exhausted front line workers. what do you anticipate in the weeks and months ahead >> you know, i'm afraid what we're seeing here in michigan is probably just a foreshadow of what we'll see across the country. >> reporter: with inoculation numbers still climbing, 95% of federal workers, nearly 3.5 mil

. >>> it was a big day for the prosecution in the elizabeth holmes trial. testimony revealed her blood testing company wasn't even using its own machines to test samples for years. we are at the federal courthouse in san jose. lynn? >> reporter: the companies final lab director testified today that elizabeth holmes wanted to give federal regulators an alternative explanation to why the company had to throw out two years worth of faulty lab results. he also testified that by the time he got to see her nose, the company had all but abandoned its own theranos gave devastating testimony. they said the testimony could strongly support the prosecution's allegations of fraud. >> it is her company. she is responsible and she made these representations every day on their website that they were using this technology, this revolutionary technology. >> reporter: the doctor testified that in 2016 the centers for medicaid and medicare services but the company on notice that the practices jeopardized the health and safety of patients. he said he told elizabeth holmes that

theranos founder elizabeth holmes, on the stand. how a los angeles artist draws attention to under-told stories using murals. plus, much more. >> woodruff: congress is back and facing a high-stakes december on capitol hill. funding for the government runs out on friday, and lawmakers are scrambling to avoid a shutdown. on top of that, senate democrats have a long to-do list of items to pass before the holidays, including president biden's "build back better" agenda. for more on all of this, i'm joined by our congressional correspondent, lisa desjardins. so, lisa, a lot to keep track of here. so let's start with the deadlines. government funding, the debt ceiling. is the government going to run out of money? >> short version here, we are back again at crisis point, but this time it does feel like off ramps are being built. let me talk to you about the longer version, what i mean here. let's look at a graphic. the first line you're talking about is government funding running out friday? what's going on with that now? talks are underwa

. >> powerful testimony today in the elizabeth holmes trial. a woman testified she received a false positive result for hiv from a theranos blood test. len ramirez in san jose with the latest from the court room. >> reporter: a dramatic shift today away from the financial impact to investors to the very personal and health impact of one theranos patient. erin tom kins of phoenix, arizona, testify shed got interested in theranos after skimming a fortune magazine article. she got a blood test from a finger stick at a theranos location and liked that it was affordable. but her results came back positive for hiv antibodies. she got emotional and said she got no help from theranos customer service so got a second test from another lab that came back negative, and has had never tests ever since. it was a dramatic departure from the lengthy cross- examination of san francisco hedge fund manager and investor brian grossman who testified for the prosecution that elizabeth holmes lied to him, which led to his firm's losing $96 million. but defense attorn

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coming up at 6:00 now, she took the stand, elizabeth holmes testified in her own trial. how she's defending herself. >>> more outrage today over the shooting death of a young woman here at the toll plaza. we'll hear from her family and the oakland mayor on safety changes that need to be made. >>> also, did you know history was made for the first time in the united states? a woman took over as acting president. >> i think this sends a great message to the american people about what leadership looks like. >> the reason kamala harris held that title for less than 90 minutes and the message her childhood friend wants to send her. >>> the news at 6:00 starts right now. good evening and thanks for being with us on this friday, i'm raj mathai. >> i'm jessica aguirre. the jury ruled. kyle rittenhouse, not guilty. who shot and killed two people in kenosha last year, a freeman, rittenhouse broke down in tears as the judge red that verdict, outside the courthouse, there was mixed reaction. here in the bay area, people are starting to gather in oakland to condemn that verdict. we ha

the news with shepard smith starts now >>> elizabeth holmes, the theranos founder, on the stand in her criminal trial right now. and kyle rittenhouse learns his fate i'm shepard smith, this is the news on cnbc >> we, the jury, find the defendant, kyle h. rittenhouse not guilty. >> reaction to the acquittal the white house's statement, and the reason that rittenhouse took the stand. >>> the president's massive social spending package clears the house. >> we'll be telling our children and grandchildren that we were here this day. >> the roadblocks ahead, and why it's too early for democrats to celebrate. >>> a new search for jimmy hoffa's body the union boss vanished more than 45 years ago. now a fresh tip. >> you said there was a place under the pulaski skyway and that's where we would dump bodies. >> that sent the fbi digging. >>> a travel surge putting the travel industry to the test. could crushing labor shortages and bad weather prove too much to handle? >>> elizabeth holmes takes the stand in her own defense new covid lockdowns abroad raising concerns and the great zebra mystery un

. >>> elizabeth holmes back on the stand, prosecutors claim the failed ceo manipulated documents in order to deceive investors. her response next. >>> plus, did jeffrey epstein kill himself opinion is divided now new documents obtained by "the new york times" detail what he told prison officials in the s ll before he was fou dd >>> businesses across the country still struggling to hire workers. now some employers are lrolling out ncreative incentives. how about getting your paycheck every day. workers need to pay a small fee if they want to tap their earnings right now kate rogers explains. >> reporter: in the midst of a historic crunch, apps are gaining traction, they allow hourly workers to access paychecks same day instead of weekly or biweekly but the employee must pay a fee, 2.99 for instant access, and some have no fees at all. the company says it's being used across the service sector, and helping to on board workers more quickly. >> from a recruiting standpoint, our data is showing us employees who see a job ad that is offering daily pay as part of the benefits package, they actua

. >>> venture capitalism under the microscope and the elizabeth holmes trial. white theranos financial statements were allowed to stay hidden. by venture capitalist games elizabeth holmes extra leeway. >>> an incredible rescue near devils side. crews literally find a man singing to life point >>> before we go to break, many posting ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ >>> new developments in the theranos fraud trial. kpix 5's and ramirez reports, a prominent venture capitalist was on the witness stand, giving details on how holmes and theranos were given a pass on key questions. >> reporter: silicon valley venture capitalists are always looking for a bright new ceo, and the next big thing. from testimony here in court today, they thought they had founded in elizabeth holmes and theranos. chris lucas when the venture capital firm black diamond ventures when it first became interested in elizabeth holmes

. >>> elizabeth holmes takes the stand again. >>> amazon employees threaten a global strike. >>> plus an inside look at a new planetary defense system >> announcer: live from cnbc, the facts. the truth. "the news with shepard smith." >>> good evening it was a christmas parade that drew young and old to the streets of waukesha, wisconsin, a tradition over half a century although a warning -- some of this video may be hard to watch police say a man intentionally drove an suv through a crowded parade rule, killing five people, hurtsing dozens of other. the city just west the milwaukee left shattered among the dead, four women and one man. tonight people showed up for a vigil for those victims and the dozens of others that were hurt. officials at one children's hospital says they admitted at least 18 kids to the trauma department, including three sets of siblings. the youngest hospitalized just 3 years old. >> it was just, i gets for lack of better -- just carnage, likening it to a war zone. there were adults, children that were injured some of our first responders were there with our fam

. >>> elizabeth holmes back on the stand, prosecutors claim the failed ceo manipulated documents in order to deceive investors. her response next. >>> plus, did jeffrey epstein kill himself opinion is divided now new documents obtained by "the new york times" detail what he told prison officials in the s ll before he was fou dd when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org it's the most joyous time of the year. especially at t-mobile! let's go to dianne. can you tell us what's happening? yeah, i got the awesome new iphone 13 pro and airpods, and t-mobile is paying for them both! oooh and i get a free year of apple tv+ and this is for new and existing t-mobile and sprint customers. like me! back to you. uh, hello!? we are going to t-mobile! upgrade to the iphone 13 pro and airpods both on us. this week only, at t-mobile. >>> businesses across the country still struggling to hire workers. now some employer

as elizabeth holmes could be leaving at any time now. this was a different elizabeth holmes than we have seen or anybody has seen in public before emotional, frequently breaking down and revealing or claiming that the elizabeth holmes we came to know, the deep voice, a a desperate attempt to supremely confident persona was, in fact, a desperate attempt to please her abusive boyfriend at the time, sunny balwani. she dropped out of stanford not just because of her dream but claims she had been raped in college and wanted to rebuild her life by building a company and that is when she turned to balwani who is 20 years her senior she met him while in high school he's a successful businessman and she asked him for help, but she says he took advantage of her. controlling her diet, clothing and yes, even her voice. he told me i didn't know what i was doing in business. that my convictions were wrong he was astonished by my mediocrity and she says, he told her that in order for her to be a success, i needed to kill the person who i was and create

. >>> let's transition to the elizabeth holmes trial. an employee who was there until the bitter end testified for the prosecution. the machines did not produce accurate results. we want to bring in scott budman who was in court all day. this hits to what they knew ahead of time, whether they were defrauding investors. >> reporter: one of the two things that they're really trying to convince the jury, one, that those theranos machines were faulty and two, that elizabeth holmes knew the theranos machines were faulty while she was still selling them to investors. the doctor ran the theranos lab in 2016, and, as witness for the prosecution testified today that at one point a thayer those blood testing machine reported some baffling results. >> numerous tests on women were showing an outcome that would demonstrate they had prostate cancer. >> reporter: prostate antigens in some of the women, even though those antigens are only found in men. >> he could testify about the tests and that he communicated with elizabeth holmes, and therefore she

. >>> plus all eyes on the elizabeth holmes trial. >>> plus it's a project two decades in the making. ♪ i see trees of green ♪ ♪ red roses too ♪ ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ >>> rising star in the nfl is now facing felony charges after a car crash that killed a young woman. the raid verse released henry ruggs, and today he face add judge. henry ruggs iii made his first court appearance, injured and in a wheelchair. the former las vegas raiders wide receiver is facing felony charges after a fiery car crash that called young woman early tuesday morning. prosecutors say his blood alcohol content was twice the legal limit, and that he was driving at 156 miles per hour. >> in my 24-plus years of prosecutor crimes that is the highest speed i have ever heard of in an incident like this. >> reporter: construction his passenger were injured when his corvette slammed into the back of a toyota rav4, which then burst into flames. the driver was killed, a 23- year-old woman, along with her dog. >> a woman los

. >>> tempers fly in the elizabeth holmes case today. coming up, why an investigator -- investor testified that he was misled. >>> the news at 6:00 starts right now. i'm raj mathai. >> and i'm jessica aguirre. it's almost an annual appearance in san francisco. we're talking about car break-ins across the city all over the place. now as police try to break that cycle again, one man is using the kindness of his neighbors to help people get back what was taken from them. a story you'll see only on nbc bay area. >> reporter: you talk to folks here in san francisco, and they'll tell you there is a sense of hopelessness with all the car break-ins. this community network is giving them a sense of hope. shattered glass litters the parking lot of the land's end lookout. signs are everywhere warning people about the habitual break break-ins. >> we found things in the garbage scooped up that the neighbors found. there are college projects and notebooks. >> reporter: he started advertising on an app a year ago. later other people started join in the

. >>> a witness in the elizabeth holmes trial testified she got a false positive test from hiv from a theranos device. what she said she did next. everyone needs health insurance. covered california is making sure more people can get it. new federal funding of $3 billion is available to help more californians get covered. check coveredca.com now to see your new lower price. enroll by december 31st. ♪ i see trees of green ♪ check coveredca.com now to see yo♪ red roses too ♪e. ♪ i see them bloom for me and you ♪ (music) ♪ so i think to myself ♪ ♪ oh what a wonderful world ♪ the second you have a kid, it's like your heart is living outside of your body. that's why it's so important for us to have health insurance. and now, we can afford it. we've got a plan that covers the kids' checkups and my regular screenings. enroll by december 31st at coveredca.com >>> we have a store on how hereby businesses are stepping up after a skating rink was vandalized. >> reporter: gabe bryant, the manager of the ice rink, said it has been a time-consuming process to fix tiny leaks in t

. >>> well, in the elizabeth holmes trial, what one man says about the testing devices. >>> and trick-or-treating trump's an international climate conference. governor gavin newsom explain where is he has been. >>> and the last of the showers disappearing off the radar the last couple of hours. now the fog is taking over. we will track that and look at the weekend forecast coming ♪ -i love this brand. whoa! am i floating? -not exactly. that's bargain bliss setting in. you're basking in the glow of premium wines at deep discount prices. -feel so tall right now! -i know, right? could you just. while you're up there? -♪ grocery outlet bargain market ♪ [announcer] our amazing 20 percent off wine sale is going on now through november 9th at your local grocery outlet. >>> well, some bombshell testimony in the elizabeth holmes trial. the with man that once ran the theranos lab revealed the company wasn't using the machine to test blood samples for years, testifying they were trying to give federal regulators a quote alternative explanation for two years of faulty lab results. once he got there the

. >>> elizabeth holmes back on the stand, prosecutors claim the failed ceo manipulated documents in order to deceive investors. her response next. >>> plus, did jeffrey epstein kill himself opinion is divided now new documents obtained by "the new york times" detail what he told prison officials in the s llndeaine he was fou dd hice (burke) this is why you want farmers claim forgiveness... [echoing] claim forgiveness-ness, your home premium won't go up just because of this. (woman) wow, that's something. (burke) you get a whole lot of something with farmers policy perks. [echoing] get a quote today. ♪ we are farmers. bum-pa-dum, bum-bum-bum-bum ♪ when it comes to autism, finding the right words can be tough. finding understanding doesn't have to be. together, we can create a kinder, more inclusive world for the millions of people on the autism spectrum. go to autismspeaks.org. ♪ ♪ well would you look at that? ♪ ♪ jerry, you've got to see this. seen it. trust me, after 15 walks ...it gets a little old. ugh. i really should be retired by now. wish i'd invested when i had the cha

len ramirez has details from federal court in san jose. >> reporter: elizabeth holmes and her defense team know the prosecution's key points, and it seems they went down the list one by one, addressing each of them. the big question is will the jury find her answers credible. it was the most grueling day yet for elizabeth holmes with nearly 7 hours on the witness stand him a guided by her own attorney asking for the questions. she addressed one of the prosecutions strongest pieces of evidence. tran20 force that she was the one who put a pfizer company logo on validation are documents sent to walgreens, even a pfizer never validated their nose. holmes said she did it because the two companies worked in a previous project, but said i wish i had not done that. >> it's always good to get it out of your witness to explain why that happened. the fact of the matter is the prosecution has already said that it indicates deception. >> reporter: ersie joyner also explained why they stopped using their own equipment shortly after the walgreens lunch. she said too many patient samples were coming

elizabeth holmes wrapg up an intense day in the courtroom difficult day for her. interesting to see how that connects with the jury and tomorrow the delicate task that the government has prosecutor robert leech of cross examining her. they do expect they will be able to get through that cross-examination in a day we go through long break there's no court the rest of the week or next monday. the jury will come back with holmes back on the stand next tuesday. back to you. >> scott, thank you. >>> jury selection is set to begin tomorrow in the manslaughter trial of kim potter she's the now ex-cop charged with shooting and killing dante wright during a traffic stop this year. she said she accidentally pulled out her gun instead of her taser and didn't mean the shoot wright at all i'll tase you. taser, taser oh, i shot him i just shot him. >> potter has pleaded not guilty she's facing first and second-degree manslaughter charges. >>> l.a. police digging in land fill searching for the remains of a mother who has been missing for more than a month now. she was last seen

. >>> also, elizabeth holmes on the stand and in tears. what she said today about being raped at stanford and the abuse she suffered at the hands of her long-time boyfriend and theranos sfo sunny balwani. >>> also, twitter founder jack dorsey is out, stepping down. why he says it's time to move on. >>> plus -- >> around 11:00 p.m. we heard growling. >> not one, but two mountain lions on one city in the peninsula. there are two reasons why we may be seeing them more in residential areas. >>> good evening. this is nbc bay area news tonight. i'm raj mathai. back from thanksgiving, all that love with your friends and family, but quickly we're hit by this sobering reality. this omicron variant. might lead to a lot of changes in the bay area in the next several weeks. perhaps more travel bans and a rollback of covid regulations by many of our local counties. here's where we stand now. there is a lot going on here. this variant is not here in the united states as far as we know. but health leaders are already preparing for the arrival. the first

this is the crossroads for elizabeth holmes. she has three options. one is to say i am -- the government has not met its burden to prove me guilty got a reasonable doubt. i do not have to prevent a case -- present a case. the second is that she can make a case the way that the government has built on other witnesses. to rebut, essentially, the government's case. very difficult. the third option is part of the second, elizabeth holmes testifying that is what everybody is hoping for. she has to. she is forced to, given the case she faces. emily: tell us about the evidence. some of the stuff that has emerged within the last few weeks that theranos lifted logos from pharmaceutical companies and put their logos in their report. that is pretty brazen. >> brazen is a perfect word for it. that is the word i think about. when you see in court, it is compelling to think of yourself as a juror. the company lifted the logos of pfizer, and put them on reports, claiming to endorse theranos technology when those companies have rejected it. it is the kind -- it is th

. >>> the elizabeth holmes trial, this is the criminal fraud trial, it's back under way inside a san jose courtroom this afternoon. prosecutors are aiming to wrap their case this week. i want to show you new video of holmes walking into the courthouse. things got heated on the witness stand yesterday. this is when the defense cross-examined an early investor who lost more than a million dollars. allen linesman actually talked about misleading information and elizabeth holmes not returning his calls. the defense then got him to admit that he recently contacted prosecution team outside of the courtroom, which is forbidden. he actually said he didn't think his communication had anything to do with the testimony but admitted the fbi did tell him not to contact prosecutors. you can follow reporting of the theranos trial online at nbcbayarea.com. just click on the elizabeth holmes trial coverage section. >>> kyle rittenhouse's case now in the hands of the jury. what we know about the 12 people who will decide his fate. >>> plus, development or disasterous movie? 125 acres of land the subje

the trial of elizabeth holmes went full financial today. on the stand, dan mozely who represents high-dollar investors like the walton family, founders of walmart, who put $150 million into theranos. the devoss family in for $100 million, even former u.s. secretary of state henry kissinger, both an investor and board member for theranos. and according to the defense, not one of them looked closely at where their money was going. >> there really has been such an absence of due diligence throughout this entire process. >> reporter: what they all have in common, according to moseley's testimony, holmes convinced all of them that theranos machines worked and that the company would eventually make money. court watchers say today's testimony meant to help prosecutors could actually boost the defense. >> the defense is gaining ground because they are showing that, you know, anybody who is going to invest hundreds of millions of dollars in a startup, especially a scientific, technology startup, at an absolute minimum needs to be convinced that the

day two of elizabeth holmes on the witness stand in her trial. >>> i'm chief meteorologist jeff ranieri with a lot coming your way. colder temperatures from this system. we'll also get you ready for airport delays and take a look at what is happening right now in the turkey trot in the south bay. details in about eight minutes. >>> minutes away when we welcome our viewers in the west, closing arguments in the murder of ahmaud arbery. was it self-defense? why the prosecution says no. and as big box stores find their ways around product shortages what about the little guys? our conversation with the head of walmart tonight. we learn about covid-19, the more questions we have. the biggest question now, what's next? what will covid bring in six months, a year? if you're feeling anxious about the future, you're not alone. calhope offers free covid-19 emotional support. call 833-317-4673, or live chat at calhope.org today. >>> must see event at the trial of elizabeth holmes. on friday we were the only ones left when her attorney called her to the stand t surprised a lot of people. today no su

we'll watch for that. >>> meanwhile we have yet to hear a word from elizabeth holmes in court. now nine weeks into her trial in san jose the question is will she take the stand in her own defense cnbc's yasmine has been there everyday has obtained some never before seen deposition tapes an put this story together. >> reporter: she was the world's youngest self-made female billionaire who has never at a loss for words, but as you'll see, in this nearly four-hour deposition obtained by cnbc, it was a much-different elizabeth holmes who hardly said anything. >> yes >> the date, june 27th, 2018 just 12 days after holmes, the founder and ceo of theranos and company president were indicted on charges of fraud and conspiracy to commit wire fraud. both have pleaded not guilty >> no. >> listen as holmes repeated will takes the fifth on advice of counsel while being deposed by an attorney representing late stage theranos investors sued her, the company and balwani. >> are you going to follow his instruction not to answer. >> i'm going to follow my counsel's instructions. >> following his

. >> it was the final day of testimony for theranos founder elizabeth holmes. what she said and what wasn't said in front of the jury. the holiday season means holiday hopping and holiday shipping. we look into fedex delays that lasted for weeks for some bay area shoppers. an official message from medicare. did you try it yet? comparing plans? oh yeah. they sure can change year to year. i found lower premiums and lower prescription costs. that'll save you money. so uh, mark? on medicare.gov now. open enrollment ends december 7th use the plan finder at medicare.gov to compare medicare health and prescription plans. comparing plans really pays. paid for by the u.s. department of health & human services i am robert strickler. i've been involved in communications in the media paid for by the for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awf

theranos founder elizabeth holmes in her own words. the fireworks some expect to see in the courtroom. >>> and smash and grabs. thieves targeting multiple locations across the bay area. we'll tell you about the changes quickly taking place at holiday shopping season hits overdrive. >>> first, i am streaming live for you on facebook. give you a behind the scenes look at what's going on on "today on the bay." if you were watching you'd see we dropped something. good morning to you. stay tuned. much more ahead this morning right here on "today in the bay." see you then. >>> 6:56 on monday morning. welcome back. we're moving you forward with a look at he top stories on "today in the bay" including more stores targeted by thieves after what was already a very hectic weekend of organized thefts. >> bob redell live at stoneridge mall in pleasanton. this is where another attempted break-in was reported. this is not what store owners really need right now, specially before the holidays. >> or ever, for that matter. good morning, marcus and laur

elizabeth holmes, its founder. — test. elizabeth holmes, its founder, raised _ test. elizabeth holmes, its founder, raised hundreds. test. elizabeth holmes, its| founder, raised hundreds of millions of dollars from investors. and for years, no—one knew that the technology didn't work. even major investors were in the dark. it took whistleblowers to come forward to expose the truth here, but they were met with a huge amount of legal pressure. now, a new law in california aims to re— tip the balance away from companies using ndas to silence employees. the silence no more act passed into california law last month and it essentially dilutes the power of ndas. workers will have more protections to bring up have more protections to bring up things like harassment and discrimination. it is a huge win for whistleblowers. cher used to work at apple. she filed complaints with the company about equal pay and then aired some of her grievances publicly —— cher scarlett. grievances publicly -- cher scarlett-— grievances publicly -- cher scarlett. ~ ., ~ ., , scarlett. whe

elizabeth holmes fraud trial resumes today. a venture capitalist talked about his firm investing millions of dollars into theranos. you can follow our reporting of the theranos trial on nbcbayarea.com. just click on elizabeth holmes trial coverage. >>> this is video from the north bay last night. showing rain was falling in downtown san emsaupl bow. kari, saw a lot of branches down so be careful when driving. >> yeah, and you can't see where the big puddles are, so allow extra time to get to work. we will see the winds calming down, and that's what we are seeing on storm ranger. if you have the nbc bay area app, you will be able to get alerts as the rain is approaching your location. we are still going to see rain throughout the morning, but much lighter than what we saw around midnight and 1:00 in the mortgage. by 8:30 we are still seeing spotty rain coming through, and not seeing yellows or oranges, and that indicates the rain will be light. then we go back to some dry weather in the forecast, but it's just going to be a cool

. >>> with prosecutors in the elizabeth holmes case hinting that they are about to wrap up, a shocker. erin thompson said she took a theranos test that falsely came back positive for hiv. she went to another clinic for testing only to find out she it have the virus. a woman took off time to be at the trial and said she could empathize with elizabeth holmes. >> to the mother, what she must be going through, and it just made me think of how many different people on different levels have affected. >> she testified that she doesn't remember how much the theranos test cost but did get a refund about two years later. >>> today the white house says 10% of children ages 5-11 have gotten their first covid shots. that's about 2.6 million kids total. the pfizer is giving a smaller dose, it's about a third the size and comes in orange packaging to make sure it doesn't get mixed up with the adult dose. here in the bay area, counties are making good progress vaccinating children as well as adults. in san francisco, 76% of the people are fully vaccinated, including children as young as 5. and in con

. >>> the testimony picking up in the elizabeth holmes criminal fraud trial. prosecutors last week suggested they may be ready to rest their case soon. the one-time theranos investor is expected to return to the stand today. last week he testified about inaccurate information he received on the company's blood testing technology. follow the theranos trial online by clicking on the elizabeth holmes trial coverage. >>> people across the state are feeling the pain at the pump. california has a set in 2012 for a gallon of record. that record is broken by 0.01 of a cent. the national average for a regular gallon of gas dropped by a penny, and it's now $3.41. yesterday, chuck schumer called on biden to lower the gas prices by tapping into the reserves. >> we need immediate relief at the gas pump, and the place to look is the reserve, and i am asking the administration to get the prices down and then embark on a fuel time campaign to get us away from carbons altogether. >> schumer says the plan is not a cure all but could make things easier for families during the ho

confident holmes or elizabeth holmes on the defensive? we will see. guys >> so just to play this out, that's just, you think -- not the prosecution, rather, but the defense will try to keep her and hold on to her until wednesday, and then have the defense work this next monday is that the idea >> reporter: well, that's a possible it depends they have this sort of parallel battle here of the defense doesn't want to open too many doors for the prosecution on cross-examine. >> scott, there are in terms of opening things up, for example, you just showed that fascinating tape of that deposition. would that not be open, if you will, based on simply the testimony of roger parloff, the writer who wrote that earlier, could you not get into that? >> reporter: it's a legal question it depends on what the defense asks elizabeth holmes about on direct examination that's all that the government can cross-examine her on that's the thing they have to deal with, coupled with the idea that the defense most likely wants to leave the jurors with a positive impression of

investments in 2014, media articles about elizabeth holmes and theranos were still glowing and these investors were excited to buy into the company, even though they saw the warning signs and knew it was risky. prominent estate lawyer daniel moseley testified in 2014 he reviewed theranos documents projecting revenues of $990 million for 2015, put said he knew investors could lose their money. still, he recommended several of his billionaire clients, including the walton, devos, and cobs families, former secretary of state henry kissinger and others buy in, and they put $384 million into theranos. moseley himself invested $6 million of his own money. >> the defense trying to portray these investor as sophisticated investors. they were advised in writing it was highly speculative and they're taking a big risk here. >> reporter: the testimony was effective according to michelle hagen, a legal analyst. >> holmes is trying to shift the blame to say it isn't elizabeth holmes that made these decisions, they made their decisions based off what their representatives told him. >> reporter: mos

a large crowd gathered again today hoping to get a seat in court to hear elizabeth holmes testify in her own defense. we broke the news when she took the stand on friday. today day two as the former theranos ceo worked to convince the jury she did not defraud investors and patients. here's scott budman from the federal courthouse in san jose. >> reporter: now that everyone knows she'd be on the stand, close to 100 people began to line up in the wee hours of the morning, hoping to get a seat inside the elizabeth holmes trial. >> there's been a lot of media attention, it's just interesting seeing how everything's playing out. >> reporter: some like serena gupta taking a day off work to attend the trial with her mother. >> there's not that many female ceos, not that many female entrepreneurs. >> reporter: as for the testimony itself, holmes the jury small victories in the early days, including constructive talks with the department of defense and several large pharmaceutical companies. >> this is going to get super, super complicated very soon. >> reporter: partly because those are the