Elizabeth Holmes, the founder of Theranos, will not go to prison this week despite a judge's order that she begin serving her 11-year sentence on Thursday. Her attorneys appealed the ruling to the U.S. 9th Circuit Court of Appeals in San Francisco, which means she will remain free on bail for now.
The government has 10 days to respond to the motion, and the National Association of Criminal Defense Lawyers has filed a brief in support of Holmes' appeal. The appeal challenges multiple rulings by District Court Judge Edward Davila, including allowing a former Theranos lab director to testify as an expert witness.
Holmes' 11-year prison sentence has been automatically delayed after she appealed against Davila's decision denying her release while appealing her original fraud conviction. This stay came after Holmes sought to overturn Davila’s April 11 decision rejecting her plea for release.
Originally slated to report at a minimum-security prison near Houston on Thursday, Elizabeth Holmes has managed to avoid starting her more than 11-year prison sentence through legal maneuvering. Her co-conspirator and former boyfriend Ramesh “Sunny” Balwani had also attempted similar moves but saw his request turned down within three weeks by the appeals court.
The government will have until May 3rd to respond to Holmes’ latest motion. Meanwhile, it remains unclear where exactly she would serve her term if incarcerated; though Judge Davila recommended confinement at a low-security facility in Bryan, Texas.
Legal experts point out that these tactics employed by both Elizabeth Holmes and Sunny Balwani are part of their efforts towards remaining free during their respective appeals processes.
Elizabeth Goodman from The National Association of Criminal Defense Lawyers commented: "It is essential for defendants like Ms. Holmes who are fighting hard against unfair convictions or sentences."
A lawyer representing Ms. Elizabeth Homes did not immediately respond when asked to comment on the case.