Elizabeth Holmes again pleads with judge to reverse her conviction or reduce her 11-year sentence

Theranos fraudster Elizabeth Holmes has once again begged the judge to overturn her 11-year “unjust” conviction just a week before she is due behind bars.

The 39-year-old mother of two makes a last ditch effort to avoid wearing an orange jumpsuit as she filed a police report appeal Monday in the 9th Circuit to overturn her “unjust” conviction in January 2022.

She will turn herself into jail on April 27 after it was delayed to give her time to have her second child, who she gave birth in February.

The Stanford dropout’s legal team argued that it had not “knowingly and intentionally misrepresented investors about the capabilities of Theranos’ technology” and pleaded again for evidence from ex-boyfriend Ramesh “Sunny” Balwani to use.

Balwani’s testimony was not allowed to be used at Holmes’ trial.

Holmes’ team said the testimony of her ex-boyfriend Ramesh ‘Sunny’ Balwani (pictured) would confirm she had no intention of defrauding investors

“Balwani’s testimony is compelling evidence that Holmes’s defense affirms that she had no intention of defrauding investors with the financial projections or conspiring with Balwani to do so,” the 132-page appeal read.

“The jury would certainly have found Balwani’s incriminating testimony more convincing than Holmes’s exculpatory testimony.”

Balwani was convicted of wire fraud and investor defrauding. He was sentenced to 13 years in December.

“The court has abused its discretion by excluding previous testimony from … Balwani that he, not Holmes, was responsible for the model that generated the allegedly false financial projections given to C-2 investors,” it read. profession.

She charged this move as a “mistake” that “favored Holmes’s defense against this important claim.”

Holmes also accused the court of being influenced by Dr. Adam Rosendorff on the basis of his ‘credibility and competence’.

“Given the series of problems that followed Rosendorff from lab to lab, one of two things must be right. First, Rosendorff was an incompetent lab director. Or, two, systemic lab testing errors are common. Both scenarios tend to exonerate Holmes,” her team argued.

Earlier this month, Holmes (pictured in October with her partner Billy Evans) was denied a stay of jail time while she appealed the decision. A US judge rejected Holmes’ request to remain free on bail while she appeals her conviction

Holmes’ defense team previously claimed she is the “mother of two young children.” She gave birth to her first son in July 2021 (Photo: Holmes and Evans with one of their children)

“But neither was entirely for the jury. Instead, the exclusion of this evidence allowed the government to present Rosendorff as a truthful, skilled lab director who thought Theranos was a unique problem.”

In addition, she accused the court of giving her too much time for her crimes after it took another 10 years for “improvement” on the “victim count and amount of loss by mere preponderance of the evidence.”

‘That was [an] Wrong: According to the precedent of this Court, the court had to find the facts supporting its serious improvement through clear and convincing evidence,” her team argued.

“The result of this error is an outrageous 135 months in prison. That’s 27 months higher than what the Probation Office recommends, for a woman who—unlike other white-collar defendants—did not seek or gain from the alleged loss and sought to improve the patient’s health.

She was convicted of defrauding investors in the failed blood test startup that was once valued at $9 billion

Holmes became famous after claiming that Theranos’ tiny machines could run a series of diagnostic tests with just a few drops of blood

“At the very least, this court should be sent back for a new sentencing.”

Holmes last month sought to have her jail term postponed while she appealed her conviction on charges of defrauding investors in the failed blood test startup once valued at $9 billion.

Judge Edward Davila denied her request, concluding that even if Holmes won her appeal to challenge the evidence of the Theranos technology, it would not result in a reversal or retrial of all charges she was found guilty of.

Her lawyers previously asked the judge to take her mother’s role into account.

“Contrary to her suggestion that accuracy and reliability were central issues to her beliefs, Ms. Holmes’s misrepresentations to Theranos investors concerned more than just whether Theranos technology worked as promised,” he said.

The judge advised her to serve her more than 11-year sentence in Bryan, Texas – 1,800 miles from her family in California

In denying the release appeal, Davila noted that Holmes was unlikely to run or endanger the community.

Davila previously advised Holmes to serve her sentence in a Texas minimum security prison camp, though federal prison authorities have the final say on where she will be incarcerated.

The prison – Camp Bryan – is about 100 miles north of Houston, where Holmes attended high school. It is intended for female prisoners and currently houses about 540 prisoners.

Those serving time at the facility may accept multiple visitors on weekends.