In the San Jose criminal case hearing, attorneys for Holmes and Balwani argued with the government over access to documents from regulators they say is key to their defense.
They each face up to 20 years in prison if convicted.
Counsel for the FDA admit they had a faulty email storage system but there’s no evidence Gutierrez destroyed the emails.
Attorneys with the law firm Cooley LLP filed a motion last month requesting to withdraw as counsel for Holmes, alleging that “Ms. Holmes has not paid Cooley for any of its work as her counsel of record in this action for more than a year,” adding, “given Ms. Holmes’s current financial situation Cooley has no expectation that Ms. Holmes will ever pay it for its services as her counsel.”