Elizabeth Holmes case: Jury still stuck on three counts in fraud case

SAN JOSE, Calif. - The jury in the Elizabeth Holmes case sent a second note in one day to the judge Monday, just hours apart. In the note, the jury said it still couldn't reach a unanimous a verdict in three of the 11 counts against the defendant, similar to the first note on Monday.

"After considering all evidence and given instructions, we have concluded that we cannot reach a unanimous verdict on 3 charges," the note read.

The panel sent the first note to U.S. District Court Judge Edward Davila shortly before 10 a.m. on the seventh full day of deliberations in the high-profile federal fraud case against the former CEO of Theranos.

The judge read the jury’s note aloud during a brief hearing.

"We are unable to come to a unanimous verdict on three of the counts," Davila read.

Attorneys briefly discussed the note before the judge agreed to call the panel in and provide an additional instruction, urging the jury to continue its deliberations.

It’s unclear which counts the panel is unable to reach a verdict on. 

Holmes faces nine counts of fraud and two counts of conspiracy for allegedly defrauding patients and investors in her failed blood testing company.

The jury returned Monday from a four-day New Year's break to weigh the fate of the former CEO and once-rising star in the biotech world. 

So far, the jury had asked two previous questions of the judge. 

The first came on Dec. 21 when the panel asked if it could take the jury questions home. The judge denied that request – saying the instructions were part of the deliberation process.

Then, days later, the jury asked to listen to recorded conversations between Holmes as investors with the Dallas-based Hall Group that were entered into evidence at trial.

The jury was not provided a transcript of the calls, which were recorded in 2013. They were instructed that if they wished to listen to the calls again, they would have to do so in open court.