The federal judge overseeing the criminal case against Theranos founder—and convicted fraudster—Elizabeth Holmes has granted her attorneys’ request for a hearing to question a former lab director for the defunct blood-testing company after he allegedly appeared at Holmes’ residence nearly nine months after providing trial testimony.

In granting the hearing during virtual proceedings Monday morning, U.S. District Judge Edward Davila in San Jose, California, said the allegations of prosecutorial misconduct raised by Holmes’ defense team at Williams & Connolly after the visit from lab director Adam Rosendorff are “limited but serious.”