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Do Face Coverings, Masks Help or Hinder Defendants in Jury Trials, Body Language of Elizabeth Holmes

Elizabeth Holmes' lawyers stated before trial that Holmes had a "strong preference" to go unmasked in the courtroom, but she did not challenge the judge's decisions regarding mask-wearing. Photo by Nick Otto/AFP via Getty Images.

Before her fall from grace, Elizabeth Holmes’ ability to court and charm establishment luminaries fueled her meteoric rise as head of Silicon Valley blood-testing company Theranos. In her ongoing criminal fraud trial, she might be hoping she can work the same magic on jurors.

But could wearing a mask weaken her defense and make her less likable in the eyes of the jury?

That question appeared top of mind for her defense team in the run-up to her federal criminal trial, which began in August in San Jose, California. Her lawyers told Judge Edward Davila that she had a “strong preference” to go unmasked. But with COVID-19 cases trending upward because of the delta variant, the judge said he would allow only testifying witnesses to go without masks. Attorneys do not have to wear them while examining witnesses.

Judges across the country are balancing public health with the right to a fair trial. In some cases, they have left it to defendants to decide if they want to wear a mask in front of jurors. And while Holmes’ case is a high-profile example, the subject of mask-wearing and whether it helps or hinders defendants is broader concern for both civil and criminal defense lawyers. They know that the nuances of facial expressions and body language are as much a part of courtroom dramas as explosive witness testimony or damning smoking-gun evidence.

Link to the rest of the article. https://www.abajournal.com/web/article/do-face-coverings-help-or-hinder-defendants


https://www.abajournal.com/web/article/do-face-coverings-help-or-hinder-defendants

Patti Wood, MA - The Body Language Expert. For more body language insights go to her website at www.PattiWood.net. Check out Patti's website for her new book "SNAP, Making the Most of First Impressions, Body Language and Charisma" at www.snapfirstimpressions.com.
     

Elizabeth Holmes Body Language, The CEO of Theranos, The Inventor: Out For Blood in Silicon Valley By Body Language Expert Patti Wood

 What does the body language of Elizabeth Holmes, the founder, and CEO of Theranos tell us? In June 2018 she was accused of fraud by the Securities and Exchange Commission (SEC). (Holmes and Theranos' former COO, Sunny Balwani, who was also charged, have pled not guilty to the charges.) After the publication of journalist John Carreyrou's Bad Blood: Secrets and Lies in a Silicon Valley Startup, and ABC's podcast The Dropout, HBO has now thrown its hat into the ring with its documentary The Inventor: Out For Blood In Silicon Valley.

 The documentary is the first to compile footage of Holmes in the context of the accusations that the company's machines did not work. And this new flood of footage has people wondering what Elizabeth Holmes' body language says about her — especially that whole not-blinking thing. Patti Wood, an expert in deception detection and author of the book SNAP — Making the Most of First Impressions, Body Language, and Charisma, tells Bustle that "laser focus" allows people to charm those around them.

"It's a charismatic body language behavior. When you're in their presence, you feel like you're the only person in the entire world, that you're the center of their focus and attention," she explains. "It's a superpower, really, and it affects your ability to think logically and go to your [brain's] neocortex and analyze what's going on because it feels so good."

 Holmes founded the healthcare company that eventually became known as Theranos in 2003 at age 19, after dropping out of Stanford. The company claimed to be developing technology that could analyze a fingerprick's worth of blood to detect myriad health problems. Before Theranos was accused of fraud, Holmes was lauded as the next Steve Jobs and became the youngest self-made female billionaire in the world. However, the technology was eventually shown not to be functional and the company was defunct by 2018, according to a Theranos timeline of events reported by Business Insider.

 As people try to unravel the mystery of how Holmes was able to court investors to fund the development of a product that allegedly did not work, many have made mention of Holme's ability to focus on people without blinking.

Wood says this prolonged eye contact is part of the laser focus tactic. She explains that the four factors of a first impression are credibility, likability, attractiveness, and power. When you're dealing with someone who is highly charismatic, the last three factors override your need to find the person credible, she says.

While anyone can fall prey to a charismatic person who is not well-intentioned, there are some red flags to be aware of. "Watch out for 'robots,'" Henderson advises. "If the person you are with looks a bit stiff and robotic, [it means] they are gesturing without any connection to their spine in an attempt to suppress their real behavior. Essentially, they are putting on a show for you which is not genuine and could be a scam."

Additionally, Wood says that your body may alert you that the person you're dealing with is being less than truthful. You might feel unsettled, uncomfortable, or experience a rapid heart rate. Sometimes this can be mistaken for excitement. 

Patti's additional notes 

Signs of a Dangerous Person

Trust your gut. Your central nervous system alerts you to danger. Your limbic brain alerts you through sight, sound, touch, smell, and kinesthetic cues.  Your body may tense or freeze. You may feel heavy, oddly fatigued, or pumped up, nauseous, or headache or just have an odd feeling that something is off.  If you think you may be scammed, it is your limbic brain reading their behavior at a subconscious level. And alerting you with that 'Ask questions, see if you are right, or simply end the interaction. 

 



Patti Wood, MA - The Body Language Expert. For more body language insights go to her website at www.PattiWood.net. Check out Patti's website for her new book "SNAP, Making the Most of First Impressions, Body Language and Charisma" at www.snapfirstimpressions.com.