Theranos con artist Elizabeth Holmes is asking the court to stay at large pending the appeals decision
Pregnant Theranos con artist Elizabeth Holmes has asked a court to allow her to remain free pending a decision on her appeal against her conviction and 11-year sentence.
Holmes, 38, was convicted in November after being convicted in an investor fraud trial. She is appealing the conviction and the verdict in the US Circuit Court of Appeals, asking for a new trial and listing 10 reasons why her motion should be granted, Mercury News reported.
In an effort to stay clear, Holmes’ legal team said in a court filing filed in U.S. District Court in San Jose last week that she was found guilty only on charges of defrauding investors, not charges of defrauding patients .
Holmes, who is a mother of one, is pregnant with her second child and is expected to give birth before she is due to serve her sentence on April 27.
Elizabeth Holmes has asked a court to allow her to remain free pending a decision on her appeal against her conviction and her 11-year sentence
Holmes, who appeared in court for her sentencing in November, is pregnant with her second child. She is scheduled to report to jail on April 27
In the filing, Holmes’ attorneys said: “This was a complex, hard-fought trial spanning several months, with numerous witnesses and hundreds of exhibits, which resulted in a split verdict. The file is teeming with opposition problems.’
Holmes’ record also alleged that the judge made mistakes, which included allowing the jury to hear about government action against Theranos, and the company’s cancellation of all test results of its “Edison” machines, the news agency reported.
Her filing also disputes the events that took place after she made “relevant” statements to investors.
She further claimed the judge should have granted her September request for a new trial based on a key prosecution witness – former Theranos lab director Adam Rosendorff – who visited her home over the summer, where he allegedly told her partner Billy Evans, he regrets the role he had played in their belief, ABC News reported.
Steven Clark, a former Santa Clara prosecutor, believes Holmes made a strong case for trying to stay clear during her appeals process.
Part of his reasoning, he quoted, was based in part on the rationale that she poses no threat to public safety and is unlikely to flee, adding that “everyone knows who she is” so there is “no place for Frau.” Holmes” is hiding,” reported SiliconValley.com.
Clark countered that prosecutors might argue that the final step might be their way of delaying her sentence and instead might need to begin by accepting responsibility for her actions.
During sentencing on November 18 in the US District Court in San Jose, US federal judge Edward Davila sentenced Holmes to 11.25 years in prison, three years supervised release, and ordered her to surrender on April 27, 2023.
Holmes, who was pictured in court in September making a failed bid for a new trial, has been given ample time to give birth to the baby before her sentence begins
At Theranos’ height, the startup was valued at $9 billion based on Holmes’ false claims that their technology could perform a whole array of tests on a few drops of blood. A series of Wall Street Journal exposés led to federal lawsuits and the company’s demise in 2018
Although Holmes has not announced the due date of her second child, the court reportedly granted Holmes ample time to give birth to the baby before her sentence began, despite pleas for leniency from her attorney.
On July 10, 2021, Holmes gave birth to their first child, a boy named William, with sister hotel heir Billy Evans, who reportedly began dating the imposter after the collapse of their empire.
The former biotechnology entrepreneur and Stanford University dropout founded the blood testing company Theranos in Palo-Alto when she was 19.
Holmes, whose baritone voice and signature black turtleneck sweater pays homage to the late Apple founder Steve Jobs, claimed that Theranos would revolutionize the blood testing industry with just a sleight of hand.
At its peak, the startup was valued at $9 billion based on Holmes’ false claims that their technology could perform a whole range of tests on a few drops of blood.
The company collapsed after a series of Wall Street Journal exposés that led to federal lawsuits.
Her claim to fame was to revolutionize the blood testing industry with just a finger prick and using only small amounts of blood
Holmes’ baritone voice and signature black turtleneck sweaters paid homage to the late Apple founder Steve Jobs
During her sentencing in November, Holmes sobbed in court as she addressed the judge and told him she was “deeply ashamed”.
“I stand before you and take responsibility for Theranos. I loved Theranos. It was my life’s work.
“There are so many things I would do differently if I had the opportunity. I was trying to achieve my dream too quickly.’
She added: “Yesterday I tried to change the world. Today I am wise and I want to change.”
Judge Davilla called the case “so disturbing on so many levels.”
“There is no question that Ms. Holmes is intelligent. Have you lost your moral compass here?’ The tragedy of this case is that Mrs Holmes is brilliant.”
“Failure is normal. But failure through cheating is not okay. What is the pathology of cheating? Is it the inability to take responsibility? Maybe that’s the cautionary tale from this case.’
https://www.dailymail.co.uk/news/article-11543297/Theranos-fraudster-Elizabeth-Holmes-asks-court-remain-free-appeal-ruling.html?ns_mchannel=rss&ns_campaign=1490&ito=1490 Theranos con artist Elizabeth Holmes is asking the court to stay at large pending the appeals decision