(NewsNation) — Disgraced Theranos CEO Elizabeth Holmes is pointing to her newborn baby as a reason to delay the start of her more than 11-year prison sentence.
Holmes, 38, was pregnant at the time of her Nov. 18 sentencing after a jury convicted her on four felony counts of fraud and conspiracy for duping investors about the capabilities of her failed company’s blood-testing technology.
According to court documents, Holmes recently gave birth to her second child and her lawyers argue she should remain out of prison while her conviction is appealed, citing her “two very young children.”
“Ms. Holmes has deep ties to the community: She is the mother of two very young children; she has close relationships with family and friends, many of (whom) submitted letters at sentencing vouching for her good character; and she volunteers with a rape crisis and counseling organization,” the court filing stated.
Her lawyers contend Holmes is not a flight risk or a danger to the community, pointing to Holmes’ unblemished record while she has been free on bail during the 4 1/2 years since her criminal indictment as evidence.
Federal prosecutors, however, previously stated in court documents that Holmes had a one-way plane ticket to Mexico booked for Jan. 26, 2022, three weeks after being convicted.
Holmes booked the 2022 flight without a scheduled return trip and only canceled it after prosecutors contacted Holmes’ attorneys about the “unauthorized flight,” prosecutors said.
Holmes’ lawyers contend that an array of mistakes and abuses made during her trial make it likely her conviction will be overturned.
The appeal process could take years to complete.
Judge Edward Davila recommended that Holmes serve out her sentence at Federal Prison Camp at Bryan, Texas, according to a CBS News report citing a November court filing.
According to the report, the facility is more conducive to family visits than other prisons.
The start of Holmes’ fraud trial had been delayed so she could give birth to her first child, a son.
Holmes had both children with her current partner, William “Billy” Evans. She met Evans after her 2016 break-up with her former lover and business partner, Ramesh “Sunny” Balwani, who was convicted on 12 counts of fraud and conspiracy in a separate trial.
The Associated Press contributed to this report.
