watching this all unfold, elizabeth holmes. as for the 12 jurors, they saw some of the 12,000 texts sent between holmes and her ex-boyfriend sunny balwani. balwani was also a fellow executive at theranos. the texts ranged from romantic to tense as the two executives dealt with both their personal relationship and the ups and downs of their palo alto drug testing company. here are a few of the exchanges here. elizabeth holmes texts madly in love with you and your strength. balwani responds, i am tired today. here is another. holmes texts you are the breeze and desert for me, my water and ocean, meant only together, tiger. balwani responds "okay." one more, was thinking about you this morning. balwani explains we need to stay focused and vigilant. we are lazy and disorganized. >> these messages show intimacy. they show a knowledge of how the company was operating and not operation. and yeah, they're absolutely text messages that show that they knew that edison technology, their famous theranos black box wasn't where it needed to b

emily: my understanding is that was not elizabeth holmes. was somebody who looked a lot like her exiting the courthouse. we are still waiting for elizabeth herself to make her exit. what is also interesting is the journalist who blew the lid off of theranos, he was on our show yesterday, he wrote the original investigation in the wall street journal of theranos in 2015. he is also on the potential witness list. he believes if he is called, part of the defense's argument would be to turn the table on her accusers. to say it was a witchhunt. what do you make of that argument? tim: we have heard witchhunt a lot, in terms of different people defending themselves in the last couple of years. including the former president of the u.s. people can claim about -- claim what they want about the intention, but it will come down to cold, hard evidence in the courtroom. if you put in front of a jury explicit evidence showing elizabeth holmes actively and knowingly misled investors, partners, and ultimately patients, it will be a very daming outcome -- da

next on nbc bay area news tonight, elizabeth holmes swarmed by cameras in san jose. we'll show you who walked into court with her, and now her text messages to her boyfriend may be used against her. >>> also vice president harris back in the bay area. >> good to be home. >> she's here to support governor newsom, but will it be enough to keep his job. and larry elder, the confrontation that cut short one of his trips today. >>> jeff ranieri has details of the incoming storm. >>> good evening. this sens about bay area news tonight. i'm raj mathai. a lot happening on this wince. two bay area stories that are getting international attention. let's start with elizabeth moment who prosecutors call a liar and cheat. people started lining up at 4:00 a.m. to get a glimpse of her. quite a scene it was. the 37-year-old with her husband by her side as she left the federal courthouse in san jose this afternoon. hundreds of journalists and onlookers. the underlying question here, did elizabeth holmes scam her investors and the people who used her product with her revolutionary blo

." >> tonight, elizabeth holmes on trial.he smoky-voiced billionaire who promised a health care revolution. >> we will change our lives and our world. >> here it is, here's the next steve jobs. >> now in the courtroom, accused of fraud. >> they really painted a picture of elizabeth holmes as somebody who knew exactly what she was doing. >> once her former lover, is he really to blame? >>> driving diversity. the woman who's breaking down barriers. >> i just want people to know that women can do what the men do. >> and changing nascar from the inside out. >> definitely a lot more diversity down on pit road, it's pretty cool to see. >>> and back in style for the first time since the pandemic. new york fashion week is back. the styles, the celebs, and what kylie jenner showed off. this is what freedom sounds like. and this. this is what freedom smells like. ahhh, enjoy 30 days of open-road freshness. febreze car. la, la, la, la, la ♪ >>> good evening. thanks for joining us. i'm deborah roberts. elizabeth holmes was once the young

. >>> i'm scott budman outside the elizabeth holmes trial. what to do when the defendant is world famous. >>> the news at 6:00 starts right now. good evening and thanks for being with us, i'm raj mathai. >> will mother nature start to cooperate? that's the question. firefighters looking for any possible help or relief in battling the caldor fire. crews are not only protecting homes but some of california's most popular ski resorts too. containment is at 20%. evacuees are finding it hard to find available hotel rooms. melissa colorado has been talking with some of those people. they have to be frustrated, scared, and they have to keep moving further and further away. >> reporter: and they're stressed out under these terrible conditions. vark weeks spent the night at the hotel and got a knock on the door. it was a hotel employee telling them basically, i'm sorry, we need you to give up this room for a firefighter. once again these evacuees having to pack up this belongings, having to pack up their pets back in their cars and evacuate for a seco

so this debate will rage on. >>> on the surface, this was not a good day for elizabeth holmes. one of her former theranos executives testified that holmes knew that her blood testing machines did not work, and that's exactly what the prosecution wants the jury to know had this high-stakes silicon valley fraud trial. at the federal court in san jose, elizabeth holmes arriving with her husband. that's the first time we've seen him since her trial started a few weeks ago. a witness testified that she knew that her lab director was concerned. dr. adam rosendorff told holmes on many occasions that he did not trust the results. he eventually resigned in 2014 from the palo alto company claiming that holmes and other theranos managers ignored his concerns. >> the details of the dialog between the lab director and the ceo of the company are going to be critically important, as to what she knew and when. >> under cross examination, the defense tried to discredit dr. rosendorff, was responsible for what went on inside that lab. so was this a big win for the prosecution? and what about text

what is next in the trial for theranos founder elizabeth holm? we have a preview of what to expect and if the disgraced ceo will actually take the stand. >>> good evening. this is nbc bay area news tonight. i'm raj mathai. there is an interesting bay area angle to the joe rogan covid case and the horse medication he used. that is a bit later. let's start with the climate issues. like we've never seen before. it's all unfolding simultaneously across the country. it is really crazy to wrap your head around all this. floods, hurricanes, and, yes, fires here around us. don't forget our air quality. the smoke we're seeing now coming from the wildfires burning across california. we know that part of the story. that leads us to south lake tahoe right now. this morning some favorable weather. not much wind. that is great news. containment up to 25%. it was 20% this time last night. firefighters are throwing everything they have at this. our tom jensen is on the fire lines. >> this is a fire, firefighters were trying to burn off fuels here. this is a back

amna nawaz has our report. >> nawaz: elizabeth holmes was just 19 when she dropped out of stanford to a company called theranos. holmes claimed to have developed revolutionary blood testing technology, capable of running dozens of blood tests for patients, with just a prick of a finger. she attracted big name investors from media tycoon rupert murdoch to former trump education secretary betsy devos. her work gained widespread praise. she was involved in events with former president bill clinton, and even president joe biden, who sat on a panel about health care innovation at her company in 2015 when he was vice president. the company would go on to partner with major corporations like safeway and walgreens, which offered in-store blood tests to customers. at its peak, theranos was valued at over nine billion dollars. but the tide soon turned, after investigations raised serious questions about whether the blood-testing technology even worked at all. holmes, now 37, faces ten counts of wire fraud and two counts of conspiracy to commit wire fraud. holmes has pleaded not guilty. to help

in elizabeth holmes case she was not able to deliver.t quite work we saw that with a product that didn't really do very much there is a question, is this product because it's in the medical world held to a higher standard than in all of these other companies where it's not a medical product, you're not testing blood, not holding people's lives at stake. uber had all these sexual assault cases from drivers harming customers and they didn't do anything about it. i would say that's equally as bad as some of the harm being caused at theranos >> well, sure, from a moral and ethical perspective i would not want to minimize but uber is a $74 billion public company questions about the business model but as an investment at least it has played out as promised for a number of people. isn't it a stretch to compare theranos to uber >> i think this is where it could be -- you start getting into, well, why are we saying that this is so much worse one issue is the fact that it's in this medical arena which is more highly regulated but there are so many

. >>> and elizabeth holmes back in court, the jury hearing crucial testimony that could prove holmes knew her blood testing machine didn't work, but took investors' money anyway. >>> good evening, everyone, this is nbc bay area news tonight, and i am jessica aguirre. a key witness took the stand. he testified he told holmes that her blood testing machine was not ready, just days before the launch. he expressed the concerns, he says, the former lab director described holmes when he told her, as nervous, trembling, and upset. he said her voice was breaking up. that scathing testimony continued when rosendorf said he had high hopes for theranos. he testified he felt pressured to vouch for tests that he really had no confidence in. now holmes remains stone faced during the testimony, wearing her mask the entire time, required by the court. she has been accompanied by her mom, walking hand in hand, into the san jose courtroom. let's break down today's testimony, then, joining me now is criminal defense attorney paula canny, and nbc's barry scott fieldman. thank you to both of you for bein

let's get an up on the trial of elizabeth holmes. of theranos is accused of conspiracy and fraud. if she is found guilty she faces , up to 20 years in prison. the prosecution continuing to put forward its case. among the latest witnesses, former u.s. secretary of defense james mattis who told the court he admired elizabeth holmes and was captivated by her promise to revolutionize blood testing. joe rosenblatt has been in the courtroom for every minute of the testimony. how revealing was his testimony? >> it was quite revealing. to me, what happened remains something of a puzzle. it has been mostly filled in over the years but there are missing pieces. one of the pieces is the board. james mattis did a good job of explaining his role, which was deeper than i imagined. he was actually quite involved. he explained this one piece in particular where elizabeth holmes is accused of in the indictment. it mentions her mentioning that the blood testing device is used in a military setting. on the field in combat. james mattis said flatly that

is a crime to knowingly deceive people, and prosecutors will have to prove that that is what elizabeth holmes did. >> reporter: defense attorney lance wade positioned holmes as a hard-working entrepreneur, who never took a day off, and truly believed her technology could make lab testing cheaper and easier. he said she was not even made mistakes, but, quote, mistakes are not crimes. he then laid much blame on her ex-boyfriend and theranos executive sonny balwani who oversaw the lab. he also hinted at a possible secondary defense that balwani was abusive to elizabeth holmes. >> were not sure how that will play out. were not sure how the abuse affected her state of mind maher believe, and what she was telling investors and patients. >> reporter: headed to go for you? >> reporter: homes, the once charismatic ceo was compared to steve jobs and saw her company grow to a nine billion-dollar evaluation, left the courthouse silently, and once again was surrounded by cameras. >> who are some of the key witnesses in this trial? >> reporter: the prosecutors said today that the jury will hear from a coup

elizabeth holmes was not able to. she didn't. >> reporter: dr. rosendorff is scheduled to be back on the witness stand all day tomorrow, but he indicated he has a time conflict in the afternoon. the judge wants this to keep on going, so there may be another witness called tomorrow afternoon. >> always interesting to see what comes out of this trial. >>> taking a live look at san francisco, where a man is facing a slew a crime charges. 20-year-old garcia was arrested last week. officers say the suspect is linked to at least six woting alhapp n mah and september of this year. >>> there is no bill on the governor's desk that would pay drug addicts to stay clean. kpix 5's kenny choi tells us the money would come with some strings attached. how would this work? >> it is a controversial program that would certainly, it is making a lot of people talk about this. it would make california the first in the country to pay addicts to sober up. critics say would enable drug users and waste taxpayer dollars. here's how it would all work. a meth addict would en

. >> opening statements are set to start in the fraud trial of elizabeth holmes. justin andrews is live in san jose with what to expect this morning. >> good morning. i want you to understand this. she founded a company. she will be here now at federal court and all of these cameras and reporters will be capturing her as she walks inside the courthouse. she is facing 12 counts of fraud and conspiracy to commit wire fraud over false claims she made about blood tests. her business, her trial is one of the most scandalous fraud cases. holmes dropped out of stanford and founded a company at 19, signed deal was walgreens, and grew her $9 billion business very feast all with the goal of creating blood tests using only a few drops of blood claiming to change the industry. it failed and that is when her fate flopped. holmes and her attorneys may argue that she was under the influence of her controlling abusive ex lover and former president of the company. legal experts say that it is not normal for this to be a defense for a fraud case. the trial could go for several mont

stay with us for continuous coverage of elizabeth holmes' trial. of course, follow scott on twitter if you have not yet done that. we'll walk you through every step of the way with team coverage and analysis. >>> elizabeth warren is urging the fed to break up wells fargo. senator warren called on the fed to use its authority to separate wells fargo's banking utes from its financial service businesses. she cited a series of scandals that put consumers at risk. among them of the 2016 revelation that they created millions of accounts without people knowing. the company says we are a different bank today than we were five years ago because we have made significant progress. >>> the price you pay for the things you need continues to climb in the bay area. the cost of living in the bay area is going up, fuelled by huge increases, gasoline, food and electricity. prices rose here by 3.7% in august. gasoline cost is a prime factor. prices skyrocketed by close to 37% last month compares to a year ago. >>> okay, let's check in with chief meteorologist jeffrey

next on nbc bay area news tonight, elizabeth holmes swarmed by cameras in san jose. we'll show you who walked into court with her, and now her text messages to her boyfriend may be used against her. >>> also vice president harris back in the bay area. >> good to be home. >> she's here to support governor newsom, but will it be enough to keep his job. and larry elder, the confrontation that cut short one of his trips today. >>> ff

is holding elizabeth holmes accountable sexist? the under -- the author of a controversial piece joins us. you will recognize her name. the project includes ceo ellen powell was us now. first, a look at the markets with ed ludlow. i see a lot of red at the end of the week. welcome. ed: if you times of the year, you see index and equity options expiring. and, high-volume as a result. you see the s&p 500 down 9/10 of 1% and technology the under performer. the nasdaq 100 biggest drop since may. there is a little weakness in semiconductors as well. down 1.5%. really interesting moves in the cryptocurrency space. the bloomberg crypto index is down significantly, 2%. you see bitcoin lower at the moment. it has been up for most of the day. it was interesting to see the broader index of cryptocurrency's down, even though bitcoin had been higher. what we have seen lately is more influence from etherium. pretty significant losses friday, same with light going. pfizer biontech. the fbi told advisors i would not back a booster that they would

today prosecutors told the jury that elizabeth holmes lied and cheated to gain money, and to investors. and the defense came on painting her as a hard-working entrepreneur, who believed in her technology and failed, but did not commit any crimes. the big question now is will kpix.com one take the witness stand at her own defense? >> watch your back. >> reporter: elizabeth holmes, the once charismatic ceo often compared to steve jobs and saw her company grow to a nine billion-dollar conglomeration, enter the courthouse silently confronted by cameras. if convicted, she could get 20 years in prison. inside, federal prosecutor robert leach told the jury homes purposely deceived investors, companies like walgreens and safeway, and medical patients saying the kpix.com to many blood analyzer could do routine bloodwork and screen for diseases uses only a drop or two of blood. in reality, homes of forged documents and had subordinates modify other companies machines to run the tests. >> the government needs to show this isn't a case of just wishful thinking and hoping for the best. it is really

. >>> now, to the elizabeth holmes fraud and conspiracy trials going on in san jose. the first high-profile witness took the stand today. general james maddox -- mathis used to run the pentagon. len ramirez has more on his link to the fairness technology. >> reporter: general matus was in charge of all u.s. forces in the middle east when he became interested in there and us for use in the military. he said his interest in the company was peaked after a very unusual meeting with elizabeth holmes. >> reporter: general james matus told the story he first met elizabeth holmes backstage at an event in san francisco in 2011 or 2012. she pricked my finger, he said, giving him some idea of what her thoroughness blood analyzer device could do with just a drop of blood. he said holmes was a sharp, committed, and confident. and he said it was breathtaking what she was doing. matus later accepted her offer to join the thoroughness board of director and invest $85,000 of his own money to have some skin in the game. >> reporter: this fits into the governance narrative about how per

disgraced theranos founder elizabeth holmes laying out her defense. the news at 6:00 starts now. i'm raj mathai. >> i'm jessica aguirre. california energy officials are concerned about how much energy we're using. a state-wide flex alert started this afternoon. we're all asked to conserve as much energy as possible to avoid rolling blackouts. sharon katsuda takes a closer look from danville where people are dealing with triple digit heat tonight. >> reporter: yeah, jessica, we're actually here in walnut creek right now. and it is 99 degrees. we traveled throughout tri valley, danville and contra costa county. we found so many people trying to do their part and beat the heat. this water fountain in livermore is just what 2-year-old jeter dominguez needed. his mom knew to come here to escape the scorching heat. other families had the same idea. >> it is so hot. we had to do something, besides keeping the kids locked up in air conditioning, we're like, we got to get them out. >> reporter: due to the extreme heat, cal iso has issued a state-wide heat alert, you should set the ac no l

prosecutors painted a picture telling the jury that elizabeth holmes and her company theranos were guiltycommitting fraud and holmes knew it all along her attorneys shooting back telling the jury that being the failure of business is not a crime. let's take a closer look. >> there was no comment from elizabeth holmes from her attorneys or from prosecutors as they face a gauntlet of news media early wednesday here outside federal court in san jose. no cameras are permitted in the court oom where opening statements got underway as her lawyers and the u.s. attorney alternately described holmes is a greedy villain out to get rich and a rising star out to shake up the health care industry. >> legal analyst stephen clark. >> what makes this case so unusual is you have very high profile witnesses coming to court very high profile defendant who's facing a jury in this case all over billions of dollars. holmes is accused of fraud of duping people into investing in them losing millions of dollars in her start-up companies theranos and its much-hyped blood testing technology that turned out to be a

we'll break down the latest in the trial of elizabeth holmes. >>> good evening. this is nbc bay area news tonight. i'm raj mathai. we haven't said this in a while, but a star-studded event attractions hundreds of thousands each year, we're talking about dreamforce, the annual conference hosted by salesforce. the pandemic, of course, canceled this last year, but today it's back. it's also scaled back like most things in this covid era. it looks different. this is a live stream of the dreamforce right now. guess who's on stage, the foo fighters. like years past, there are being headliners. that's not san francisco. this was down south. metallica joining the virtually from the griffith observatory down in l.a. those who go in person have to follow some strict rules. if you didn't want to undergo these requirements, you can do it all virtually. let's bring in tom tom isn't the city. >> definitely not the crowds we're used to with 140,000 or more. with these pandemic protocols in place, they're being strict to make sure this does not become a superspreader event, and

:00, jury selection began today in the theranos brought to trial which could send former ceo elizabeth holmes to prison. kpix 5 is at the federal courthouse in san jose, where this high profile case finally got underway. >> reporter: that's right, it is been a years long process just to reach this point. the judge told prospective jurors today that if they do get selected, they could be on jury duty all the way until mid- december. >> morning. >> reporter: former theranos ceo elizabeth holmes walk through a crush of reporters and cameras to reach the federal courthouse for the first day of jury selection, a process of narrowing down a pool of about 200 people to 12 jurors plus alternates, to judge the case impartially. >> you can find a jury that is completely ignorant, that hasn't heard about elizabeth holmes, and you wouldn't want a jury like that. what you are looking for is a group of people who can set aside their preconceptions and be fair. >> we like to see a world in which every person, >> reporter: holmes was once the darling of silicon valley, of the 19-year-old stanford dropout who

. >>> and the latest on opening day of the fraud trial of one-time wall street elizabeth holmes of theranos >>> and when gaming goes too far, what do you do to help kids who seemingly can't walk away from video games "early today" starts right now glad to be with you. i'm frances rivera america's longest war finally draws to a close ending with a chaotic departure from afghanistan and leaving the country firmly in the grip of the taliban. but in the face of political backlash, president biden remains defiant. nbc's tracie potts joins us with more from d.c. the president was emphatic, this war has to end >> he argued not only that the war had to end but that it needed to end by yechlt's august 31st deadline. the president under pressure to keep to that date. he also praised the evacuation effort of what turned out to be 124,000 people as an extraordinary success. critics take issue with that but the president's main point as he addressed the nation was that 20 years in afghanistan was enough >> i was not going to extend this forever war and i was not extending a forever exit those asking for

. >>> another big day for theranos founder, elizabeth holmes. the revolutionary idea delivering medical information from a single drop of blood was flawed and elizabeth holmes knew it. nbc bay area's robert handa was in court today in san jose and tells us why this testimony was so crucial. >> reporter: on day five of elizabeth holmes' trial, it was a one-two punch with former employees chipping away at the credibility of the company and its founder. >> reporter: elizabeth holmes walks hand and hand with her mother as she faced 12 counts of fraud, based on her company theranos conducting numerous body tests from a drop of a blood. today erica chung wrapped up her testimony that her blood test were rushed and inaccurate. michelle hagan says chung's e-mails and documentation and reluctant demeanor probably impressed the jury. >> absolutely. she took a while before she came forward. it does adds to her credibility. >> reporter: the prosecution went onto another former employee, a senior scientist and team leader who the defense tried to block from

testimony zeroed in on what elizabeth holmes knew about her company's faulty blood testing technologyhead with plans to what launch the product anyway. len ramirez joins us live from the federal courthouse with what the company's former lead director had to say. >> reporter: the former lab director at holmes one said he met personally with elizabeth holmes to warn her about all the sorts of problems they were having in the lab, and all of these blood tests that were coming back with difficult to analyze results. he saidthey went ahead with plans to launch the product anyway over his objections. dr. rosenthal told the jury that in his opinion, theranos was more interested in pr than raising money , than it was in caring for patients. he said he met elizabeth holmes in her office in 2013 to warn her that several blood tests on the tran20 one machines cannot be validated, just days before they were to launch in walgreens, and be used on actual patients. he said holmes was not her normal self, and seemed upset and nervous. she moved ahead with the launch anyway. legal analyst steve clark

it was this picture of three young women, very much resembling elizabeth holmes. across from those women in the courtroom and it turns out they were part of the friends and family entourage to elizabeth holmes. during a break, i shall them -- saw them joking with billy evans and other members of her family. it is only a matter of time before elizabeth holmes takes the stand and testifies at her own trial. in san jose, rebecca jarvis, abc news. kumasi: gma will have more coming up at 7:00. for in-depth coverage, you can listen to rebecca jarvis's podcast. this week, we are getting a look inside the courtroom and getting details about the jurors. new episodes are released every tuesday. julian: now to the california recall, coming up on tuesday. governor newsom and several of his opponents have been hitting the campaign trail. polls open on tuesday morning. five days, one hour and 23 minutes away. kamala harris is back in d.c. after a visit to the bay area. she was strong support for governor newsom. >> you have to understand what is happening right now. what is hap

kumasi: in the south bay, opening arguments in the trial of elizabeth holmes. the founder of theranos is accused of fraud. rebecca jarvis is at the courthouse in san jose. rebecca: people are lining up to see the trial of elizabeth holmes, set to get underway later this morning with opening statements. we now have a jury, seven men and five women, spanning in age from 19 to 60. the defense introducing those bombshell allegations days ago, suggesting that elizabeth holmes was abused by her former boyfriend and coo, sonny balwani, allegations mr. balwan concretely denies. this involves so many aspects of american culture -- silicon valley, the media, responsibility and health care, coming together in the criminal trial of elizabeth holmes. from san jose, rebecca jarvis, abc news. kumasi: there will be more from rebecca jarvis at 7:00 on gma. for more in-depth analysis, listen to rebecca's podcast "the dropout code new episodes drop every tuesday wherever you get your podcasts -- the dropout." -- "the dropout." new episodes drop every tuesday wherever you get your

two have different pictures of elizabeth holmes being presented today. >> reporter: yes, holmes turns to lies when her company ran out of money. she made decisions that hurt patients and her investors but her defense attorney paid a much different picture. while she did make mistakes, they say those mistakes were not crimes. >> reporter: surrounded by cameras, elizabeth holmes entered the federal courthouse in san jose with her partner billy evans. she faced criminal charges of defrauding investors and patients by misleading her blood test. prosecutors told jurors this is a case about fraud and lying and cheating to get money. >> reporter: the prosecution is going to portray elizabeth holmes as a con artist. someone that's dynamic and believable and charming and has the ability to convince people to go her way and invest in theranos. >> reporter: holmes' defense attorney told a failed business does not make a ceo a criminal. holmes made mistakes including hiring her ex-boyfriend sunny balwani to be the company's ceo. ahead of today's opening statements, prosecutors filed six pages of

. >>> in other news, witness testimony began today at the trial of theranos founder elizabeth holmes . a former employee turned whistleblower was the first to take the stand. kpix 5's len ramirez was inside the courtroom. >> reporter: today's testimony really seemed to illustrate the transformational change that took place with at least one employee who came in starstruck with elizabeth holmes them up then became less and less happy at the company when she realized that the hyped technology really didn't work. erika cheung told the jury she first heard of theranos at a career fair while at uc berkeley, and that she was, quote, starstruck when elizabeth holmes interviewed her for a lab assistant job. she had a charisma to her, cheung told the jury, but her views began changing, and she resigned less than a year after being hired in 2013, because she said the edison blood analyzer kept failing. cheung said the machines could not pass routine quality control tests, but when she informed her superiors, she was told to disregard what they called these outliers. >> the government will be t

it is only a matter of time before elizabeth holmes takes the stand and testifies at her own trial. rebecca jarvis, abc news. kumasi: "good morning amegood will have much more and for in-depth coverage, you can listen to rebecca jarvis' podcast. we are getting a look inside the courtroom, including details about jurors. new episodes are released every tuesday. julian: a bay area tech company taking on the abortion ban in texas. abc news confirms a big development. kumasi: looking live at the big board at the new york stock exchange come up by about 60 points. julian: spinning again on wheel of fortune. pat sajak and vanna white are not calling it quits, but a couple of new twists you will notice. drew: a cooler afternoon on the way, but we also have a fire weather watch. encompassing much of california and the threat because of lightning. you can see the area under the threat, stretches from tahoe to redding to sacramento and parts of the bay area, mainly the north bay and inland east bay. it starts at 5:00 p.m. locally because of a chance of a thunderstorm, along with how dry our l

the board couldn't even reach a quorum without elizabeth holmes. so i think it is a very -- it is going to be a very, very tough theory for the jurors to swallow, but then again, she is a chameleon, in my experience, i've been covering this for six years, and she's very good at projecting the front that she wants to project and i just would not underestimate her ability to sway these jurors. >> it is possible that perspective jurors who read your book are being dismissed so we will see what happens. john carreyrou, thank you. >> thanks for having me. >>> and as we head to break, check out shares of okta, one of the biggest gainers on the ndx after posting a smaller than expected quarterly loss and issuing upbeat guidance. more "techcheck" is after this ♪♪ (vo) the rule in business used to be, "location, location, location." now it's, "network, network, network." so you need a network that's built right. verizon business unlimited starts with america's most reliable network. then we add the speed of verizon 5g. we provide security that's made for bu

. >> jury selection got underway tuesday in the full trial in a silicon valley star, elizabeth holmes rose to the top of the tech world after promising to develop a device to revolu revolutionizing and now falsely accused their technology could accurately prove access with drops of blood. >> according to court documents, elizabeth holmes plans to take the stand and attorneys hope to show former business partner and boyfriend emotionally and sexually abused homes for years and they will argue the abuse clouded the judgment during the time she's accused of committing fraud. >> we'd like to see a world which every person gets access to this type of basic testing. >> once hailed the next steve jobs elizabeth holmes promised to revolutionize health care with prick of finger and drop of blood, the university drop out at 19 claimed a mini analyzer like this one could test everything from cholesterol to cancer. the idea exploded with raising of hundreds of millions of dollars from big-name investors, holmes graced magazine covers and drew attention from politicians and watched her company's v

and strike a deal with walgreens, making elizabeth holmes very rich just one problem says reporter john who broke the story. >> she commercialized a medical product that she knew did not work a handful of tests that did not do them well at all. >> a charge holmes denied. >> this is what happens when you work to change things. >> reporter: federal regulators, including the fda, pounced in 2018, civil charges from the s.e.c. of massive fraud. she settled without admitting wrongdoing balwani goes on trial next year. both have pled not guilty. the feds will have to prove that holmes intended to commit fraud. >> elizabeth holmes may try to portray herself as someone who got caught up in the culture of the dotcom industry in silicon valley where you fake it till you make it. >> that issue of intent is exactly the point of these allegations about balwani. if she goes with this strategy, the idea that she couldn't have possibly formed that intent because she was under his spell. balwani has denied the charges, calls them deeply offensive. that's why elizabeth holmes might, might take the stand

. >>> meanwhile, elizabeth holmes is back in court the infamous founder of theranos now charged withraud jury selection has begun and day two kicks off in less than an hour cnbc's reporter is outside the courthouse yasmine, what's it like inside the courtroom. >> reporter: julia, waiting for elizabeth holmes to arrive at any moment for day two of jury selection. in there seven hours yesterday, just about a tense, long day. there were 14 jurors total dismissed out of a pool of almost 40 yesterday, and it really came down to who has heard of elizabeth holmes and who has heard of theranos and to what extent? that was the first question the judge asked this pool of jurors yesterday. and the answer was a resounding, yes. a lot of them have read the book "bad blood." have watched the documentaries, seen the media reports they have heard the ted talks and podcasts, and just a couple examples one guy said, sure i can be unbiased, but i do remember the defendant's penchant for turtlenecks another guy said he opens up his laptop and all he sees a theranos, theranos, theranos, and a woman later

. >>> still to come explosive new testimony in the elizabeth holmes trial and the scientists who raised the alarm about patient safety. >>> racing against a shut down. the battle that could leave thousands furloughed. >>> how major jams at california ports could make it harder for you to shop. >>> snow in september? the ski resort is getting their full first of all dusting. >>> explosive testimony from a new witness at the elizabeth holmes trial. the scientist to said that the tests were unsafe to use in patients. this is why the timing of these revelations is soul -- so crucial. >> reporter: the testimony established way back in 2011 elizabeth holmes was put on notice that her company's tech knowledge he had serious problems. >> reporter: she was a scientists in 2011 when that company was developing a new drug to treat anemia and kidney disease and it was interested in sarah nose to test how it's medication was working on patients because it promised to be easier but in tests with other devices they found that f e results which made it unsafe for patients and they said they notified he

he said elizabeth holmes, and her boyfriend a business partner balwani, pressured him to defend the technology to other doctors, which he refused to do, while holmes kept raising money. the prosecutor pointed to a text exchange that had holmes bragging to balwani that she raised $150 million from the walmart errors, at almost $100 million from media mogul rupert murdoch. >> she didn't disclose what she knew, or what she was advised, that she was having accuracy and reliability problems with the edison machines, and yet again that a $50 million. >> reporter: then the defense lawyer launched into a vigorous cross-examination, raising his voice and pressing rosendorff to admit that as lab director, it was his responsibility to enforce quality control. he then defended another complaint that theranos was too secretive. he drew a comparison to apple, and one of holmes's heroes, steve jobs, who is also famously secretive, noting apple is now worth $2 trillion. >> i guess he's trying to say that elizabeth holmes was following the playbook of other successful entrepreneurs. i mean, steve jobs, you kno

back to you. >> thanks, mike. >>> opening statements in the highly anticipated trial of elizabeth holmes begins this morning. want to give you a live look outside at the federal courthouse in san jose. holmes has pleaded not guilty to wire fraud and conspiracy charges. the founder and former ceo of theranos is also accused of defrauding investors along with patients who relied on the blood test conducted by her tech company. once valued at $9 billion, investors poured hundreds of millions into the defunct start-up. stick around for us because at 6:30, "today in the bay's" scott mcgrew is going to break down what we need to know ahead when it concerns this trial. >>> developing news in the dixie fire in northern california which is on its way to becoming the largest wildfire in all of california state history. the fire has grown to more than 919,000 acres across five counties. containment is at 59%. it has now been burning for nearly two months. firefighters are hoping to get a break later this week as winds dissipate and conditions improve. >>> and a follow-up this morning, investigators

former top scientist for theranos, who said that she had to resign , could no longer work for elizabeth holmes because holmes was about to launch a product she knew was unreliable. surekha gangakhedkar was one of the first 25 people hired at theranos in 2005. she was a senior scientist and manager of a team developing blood test for the edison many analyzers, and she reported directly to elizabeth holmes. she said employees worked in silos, or unhappy and stressed. she said problems came to a head when theranos was launching new versions of their machines for walgreens and a secret new client. i don't think the devices were ready to use on patient samples, she told the jury. she said she brought her concerns to elizabeth holmes, but holmes told her she had made promises and, quote, had no choice but to go ahead with the launch. gangakhedkar tearfully recanted how she then resigned after 8 ears, saying she wanted to make a difference, but filter efforts went to waste. former prosecutor michelle hagan said moments like that matter to the jury. >> they feel the emotion, and given her age, and wha

. >>> testimony resumed tuesday in the elizabeth holmes fraud trial in san jose. len ramirez tells us the man who used to run the lab left jurors with a lot to think about over the weekend. >> reporter: the former lab director at theranos said he met emails and met face-to-face with elizabeth holmes to warn her about all of the problems they were having with the test machines in the labs. he says the company went ahead with plans to launch the product anyway over his objections. dr. adam rosen dorf told the jury that in his opinion theranos was more interested in pr and raising money than it was in caring for patients. he says he met elizabeth holmes in her office in 2013 to warn her that several blood tests on the theranos machines cannot be validated , just days before they were to launch in walgreens and be using actual patients. he said holmes was at her normal self, and seemed upset and nervous. she moved ahead with the launch anyway. >> what the government has to do is not rely on just one whistleblower witness, but it is the number of voices coming forward,

. >>> new at six:00, witness testimony began today in the elizabeth holmes theranos trial. len ramirez reports a former employee who became a key whistleblower against the company took the stand. >> reporter: today's testimony really seemed to illustrate the transformational change that lays with at least one employee who came in starstruck with elizabeth holmes, then became less and less happy at the company when she realized that the hyped technology early didn't work. erika cheung told the jury she first heard of theranos at a career fair while at uc berkeley, and that she was starstruck when elizabeth holmes interviewed her for a lab assistant job. she had a charisma to her , cheung told the jury, but her views began chaining , and she resigned less than a year after being hired, because she said the edison blood analyzer kept failing. cheung said the machines couldn't pass routine quality control checks, but when she informed superiors, she was told to disregard the outliers. >> the government will be trying to tell a story about theranos , the story of a company that

. >> they shed light on the relationship between elizabeth holmes and her business partner and ex-boyiendre what they former couple's relationship. >> the text between homes show an apparent loving relationship come the question now is could they be used by the prosecution to contradict the expected defense strategy that the two had an abusive relationship? the text between theranos founder elizabeth holmes and her than business partner and boyfriend were exchanged in may of 2015, it was a time when the two were trying to find the company information to the media, questioning theranos faulty blood analyzer technology. homes text, you are breeze and does it for me, my water and ocean, meant to be only together, tiger, madly in love with you and your strength, and missing you. he texted back, missing you, too. he then shifted to their hunt for the leakers, down to five people. will nail this mother expletive. >> it's hard to know how things will play with the jury. exprs fectio doanford law te ma ruleut thssibility of an abusive relationship which is expected to be a key defense strategy. >

elizabeth holmes, once the darling of the silicon valley, walked into court today, accused of defrauding investors and putting lives at risk. holmes a stanford dropout and the founder of theranos. the 37-year-old was met by a crush of reporters as she showed up to court in san jose this morning. no comment from her, as jury selection began. >> potential jurors were asked about vaccination status as well as any vacation plans and experience they may have had with domestic violence. holmes expected to testify that her former boyfriend and fellow theranos executive, ramesh bal juany abused her. let's bring in scott budman. we've talked about this, there was a book, a documentary, a lot of your coverage, media coverage, how can you get an unbiassed jury pool in the bay area? >> it almost surprised me that they kept the trial here in the heart of silicon valley. of the 200 jurors that they started to whittle down today, a very large percentage knew of theranos and a little something about elizabeth holmes. >> remind all of us the theranos promise that you can do a little prick and blood comes

results that were wrong from theranos machines, and the prosecution still has to prove that elizabeth holmes on. we're likely to hear about text messages that she sent either to employees or to her boyfriend at the time, sunny balwani and if it proves if holmes was aware of what was going on. >>> have you been in an uber lately? it's pricey. but these rides could be getting cheaper by the end of this year. that's according to the company's ceo. wait times have been trending higher because of a lack of drivers. all year long, uber has been trying to win those drivers back with new benefits and incentives. today the ceo tells cnbc he expects more drivers to return to work in the next few months, which in theory will lead to lower prices. >>> for a lot of people today, not just hot, but also smokey and smoggy. we are in a spare the air alert audrey by the bay area air quality management district. we caught up with people this morning getting in their exercise before the air quality got worse. >> just get out earlier with the dog, you know, before it gets too hot. >> don't go outside very much.

. >>> also ahead, what we're expecting today as former tech billionaire elizabeth holmes goes on trial for fraud. the email that could be crucial evidence. >>> owg >>> back now with the fiery rescue near san diego. good samaritans saved this couple from a burning car. the husband and wife both in their 90s suffered some burns but are expected to be okay. they've been married 64 years. no word on what started the fire. >>> authorities are reporting a surge in thefts of converters the device in your car changes harmful engine emissions into safer gases. thieves want them because of the precious metals inside worth thousands of dollars. experts say they're easily stolen and virtually untraceable. >>> we turn now to elizabeth holmes going on trial today. her fall from grace as a rising star in the tech world self-made billionaire now under scrutiny as she claims her ex-boyfriend emotionally abused her. here is abc's megan -- >> reporter: this morning, opening statements in the highly-anticipated trial of former billionaire elizabeth holmes. >> do you have anything to say to us? >> reporter

theranos founder elizabeth holmes. >>> what fire crews have been doing that has been so successful to protect neighborhoods in the tahoe basin. >>> we start with new pulling in the california recall race. >> and our kenny choi says there is in a emerging trend in the balance being returned. is a good news or bad for the governor? >> reporter: it seems to be good. the latest poll is very favorable for the governor when you compared to previous polls, but the governor was very hesitant to admit that when i spoke to him today read early returns are also showing a lot my democrats have submitted their votes compared to republicans, another positive sign for the governor. turnout will be key, whether it is walking, biking, or driving up to return 22 million recall ballots sent out. more than 5.1 million are now in. statewide democrats have turned in more than twice the number compared to republicans. >> are you encouraged by the number of ballots that have been already sent in. >> i can't be discouraged by it. but it is just the first few weeks, but i am very encouraged by how serious peop