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Elizabeth Holmes' Attorneys Say She Gave Birth To Second Child In Continued Bid To Keep Her Out Of Prison

Elizabeth Holmes, scheduled to begin her 11-year prison sentence in April for defrauding investors out of millions, has given birth to her second child. Her attorneys are arguing that she should be allowed to stay out of jail while they appeal her conviction.

By Christina Coulter
The Theranos and Elizabeth Holmes Case, Explained

Elizabeth Holmes recently gave birth to a second child, her lawyers revealed in a court document filed last week, requesting that the disgraced Theranos founder's 11-year prison sentence for her fraud and conspiracy convictions be delayed.

Attorneys referenced the newborn, whose gender and birthdate were not cited in last week's filing, as evidence that the 38-year-old would not pose a flight risk during the potentially years-long appeal process, according to the Associated Press. An initial hearing is scheduled for March 17. 

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Holmes was noticeably pregnant on Nov. 18 during her sentencing after being convicted earlier last year of four felony counts of fraud and conspiracy by a San Jose, California jury. The start of that trial was delayed so that Holmes could give birth to her first child, fathered by her current partner Billy Evans. 

Elizabeth Holmes leaves federal court with partner Billy Evans

Holmes' attorneys successfully delayed the start of her prison term in December, writing that her then “soon-to-be-born child” will “incentivize her to comply with her conditions of release."

Now, her attorneys cite other reasons besides her two children for her continued freedom, including her clean record over the last four and a half years since she was indicted and released on bail. They argue that it is likely her conviction will be overturned due to mistakes made during her initial trial. 

The convicted fraudster was scheduled to report to prison on April 27, according to the New York Post

In January, according to the Post, Holmes was living on an estate that required $13,000 per month in just upkeep. Her attorneys say that she no longer resides there, but did not specify where she had moved in last week's filing. 

Last month, prosecutors argued that Holmes appeared to show "no remorse" for defrauding millions from investors, and that the "time has come" for her to report to prison, according to reporting by Bloomberg. 

“There are not two systems of justice — one for the wealthy and one for the poor — there is one criminal justice system in this country,” government attorneys wrote in a court filing reviewed by the outlet. 

Prosecutors also accused Holmes of attempting to leave the country, writing that she has sought to loosen restrictions on her travel and booked a flight abroad without a scheduled return trip in late January of last year, just weeks after her Jan. 3, 2022 fraud conviction.

“The government became aware on January 23, 2022, that defendant Holmes booked an international flight to Mexico departing on January 26, 2022, without a scheduled return trip,” prosecutors wrote in the filing. “Only after the government raised this unauthorized flight with defense counsel was the trip canceled.” 

Holmes defrauded investors out of millions of dollars by falsely claiming to have invented a new blood testing device that produced results outside a lab with just a few drops of blood. Holmes convinced investors that the device would usher in a blood-testing revolution and give patients control over their health care. Ultimately, it was ineffective.

Ramesh "Sunny" Balwani, Holmes' former Theranos business partner and lover, is also attempting to stay out of prison while he appeals his 13-year prison sentence for his conviction on 12 counts of fraud and conspiracy in a separate trial. U.S. Judge Edward Davila has yet to rule after a hearing on Balwani's request was held earlier this month, according to the Associated Press. He's scheduled to report to prison on March 15, unless the judge decides otherwise.

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