CALIFORNIA — 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.
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.
It is historically rare for an appeals court to allow a defendant to remain free pending their appeal because the likelihood of granting a new trial is rare, according to criminal defense attorney Caroline Polisi.
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