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Theranos founder Elizabeth Holmes will not have to report to prison this week after filing an appeal with the Ninth Circuit Court of Appeals in San Francisco.
Holmes, who was convicted of four counts of fraud in January 2022 and sentenced to 11 years and three months in prison by U.S. District Judge Edward Davila in January, had filed a motion earlier this month to remain out of prison pending appeal. However, Davila denied that motion and ordered Holmes begin serving her sentence on Thursday.
However, with her appeal filed Tuesday night, Holmes is challenging that ruling and due to a rule within the Ninth Circuit Court of Appeals, she will remain free on bail until the court makes a decision.
In the appeal, Holmes’ attorneys state that her conviction was the result of « prejudicial errors that warrant reversal and a new trial. » They argue that Davila’s denial of her release pending appeal « reflects numerous, inexplicable errors » including the courts referral to Holmes’ « patient fraud convictions, » of which Holmes was actually acquitted. They also argue that the court « used the wrong legal standard to assess whether key issues presented were likely to result in reversal. »
The government has 10 days to respond to the motion.
This appeal comes after an amicus brief was filed earlier this week by the National Association of Criminal Defense Lawyers, a nonprofit bar association that works on behalf of criminal defense attorneys to ensure justice and due process for accused criminals.
