Elizabeth Holmes looked nervous as she walked into a California courtroom to be told how much she had to pay back Theranos victims — as prosecutors demand she pocket $900 million.
But the judge postponed his decision and has yet to decide whether she will remain free after April.
Holmes, 38, who gave birth to a newborn just weeks ago, has made a last plea to stay out of prison after being sentenced to 11 years for being a mother.
The mother-of-two wore a form-fitting outfit with a knee-length skirt and blazer combo as she held the hands of her millionaire fiance Billy Evans and mother Noel, who also held hands with Holmes’ father Christian as they walked into the San Jose courthouse .
Holmes entered the courthouse alone, her fiancé gave her purse, but stopped before passing through the glass doors next to his child’s mother. This is Holmes’ first lawsuit since the birth of her second child. She had her first child with Evans in July 2021.
In recent court documents, the Stanford dropout cited her newborn as why she should delay her jail sentence and asked Judge Edward Daviato to let her stay home while she appeals her conviction to spend time with her kids. Her appeal can last for years.
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Elizabeth Holmes, 38, nervously walked into a California courtroom on Friday just weeks after giving birth to her second child with fiancé Billy Evans
She held on tightly to the hands of Evans and her mother Noel on Friday
Her father Christian was also present. Judge delayed ruling on how much she and ex-boyfriend Sunny Balwani, 57, owe their victims for Theranos fraud scheme
Daviato has said he will not issue an order on whether or not to remain free until early next month. He postponed her sentence in November, with many saying it was to allow her to give birth to her second child before she was imprisoned.
Prosecutors allege she poses a flight risk, as she had a one-way ticket to Mexico booked for January 26, 2022, just weeks after she was sentenced on January 3. Her team only canceled the flight after prosecutors questioned it. Her lawyers argued that she booked it prior to sentencing and was planning to attend a wedding.
The disgraced Silicon Valley entrepreneur, who promised victims her company needed just one drop of blood to test for various diseases, will begin her sentence April 27 if her plea is not granted.
Her fiancé (pictured together) assisted her during the legal proceedings
In recent court documents, the Stanford dropout cited her newborn as why she should delay her jail sentence and asked Judge Edward Daviato to allow her to stay home while she appeals her conviction to spend time with her kids . Her appeal can last for years
Daviato has said he will not issue an order on whether or not to remain free until early next month
He postponed her sentencing in November, when she received her prison sentence. Many said it was to enable her to give birth to her second child before she was incarcerated (Photo: Holmes in Novemer)
In addition, the judge postponed the ruling on how much she must pay her victim. According to a journalist, Daviato has named ten victims, including media mogul Rupert Murdoch Amy Larson.
Prosecutors have argued that many more have fallen victim to Holmes and her ex-boyfriend Sunny Balwani, 57, who was due to begin his sentence on Thursday but failed to show up. However, the judge has ruled that there are only 10 official victims.
Balwani, who was sentenced to nearly 13 years in prison, was convicted of 12 counts of fraud and conspiracy. He will serve his time in San Pedro, California. That destination represents a shift from the Atlanta prison that Balwani was initially assigned by authorities.
His lawyers filed an appeal the same day. The appeal allows Balwani to stay out of shackles until the Ninth Circuit makes a decision.
Her ex-boyfriend Sunny Balwani, 57, (pictured in December) was due to start his 13-year sentence on Thursday, but he didn’t show up. His attorneys appealed, allowing him to remain unbound until the Ninth Circuit ruled on it
In a filing last week, his attorney Jeffrey Coopersmith had asked Davila for additional time to appeal the Bureau of Prisons’ decision to send him to the Atlanta jail, which has been dogged by allegations of widespread misconduct and other abuse.
Davila had recommended that Balwani be sent to a Lompoc jail in Santa Barbara County, about 250 miles from the San Jose courtroom where his trial was taking place.
Though Holmes and Balwani had separate trials, the former couple were charged with essentially the same crimes centered on a ruse to tout Theranos’ blood testing system as a revolutionary healthcare breakthrough. The claims helped the company become a Silicon Valley sensation, raising nearly $1 billion from investors.
But the technology never came close to working as Holmes and Balwani boasted, resulting in the scandalous collapse of Theranos and a criminal case that shed a bright light on Silicon Valley’s greed and hubris.