Elizabeth Holmes isn’t the primary mom to attempt to delay her sentence

Former Theranos CEO Elizabeth Holmes arrived in federal courtroom together with her associate Billy Evans on November 18, 2022. Justin Sullivan/Getty Pictures

• Elizabeth Holmes requested to stay free till her case goes via the appeals course of.
• The previous Theranos CEO was sentenced to 11 years in jail in November. She was pregnant on the time.
• Former federal prosecutors instructed Insiders that some moms are going through delayed sentences due to younger kids. Others are usually not so fortunate.

Elizabeth Holmes, the previous CEO of scandal-hit medical expertise startup Theranos, has requested a federal choose to delay the beginning of her sentence whereas she appeals the fraud case, citing partially her two younger kids — an element that helped this will not essentially make a distinction, former prosecutors instructed Insider.

Though the precise birthday and gender of Holmes’ second little one weren’t disclosed within the software filed on February 23, the kid will nonetheless be an toddler by the point Holmes is predicted to go to jail on April 27.

Former federal prosecutors say it’s not out of the query {that a} choose would possibly grant a brand new dad or mum an inexpensive delay whereas they bond with their infants at house — however not everyone seems to be so fortunate. Some girls have to provide their infants to family members shortly after delivery, and others even give delivery in jail.

Barbara McQuade, a former US Lawyer for the Jap District of Michigan, instructed Insider that she’s seen judges postpone sentencing based mostly on medical necessity.

“I’d anticipate {that a} quick delay in reporting the delivery and bonding with the newborn could be permissible,” McQuade instructed Insider. “Nonetheless, I will even observe the unhappy actuality that infants are sometimes born in jail.”

“Whereas some jails and prisons have nurseries to supply an essential bonding time between moms and infants, many newborns are separated from their moms shortly after delivery,” she added. “It looks like there must be a greater solution to cope with this case.”

Holmes, 39, was convicted in January 2022 of 1 depend of conspiracy to commit wire fraud and three counts of wire fraud associated to her position as CEO of Theranos.

Her four-month trial, which started in August 2021, had already been delayed by six weeks as a result of she was pregnant together with her first little one with associate Billy Evans. When she was sentenced to 11 years and three months in jail final November, she was visibly pregnant with their second little one.

Her legal professional, Amy Mason Saharia, cited the delivery of the kid together with a listing of different attributes within the request for a keep.

“Ms. Holmes has deep ties to the group: she is a mom of two very younger kids; she has shut ties to household and buddies, lots of whom submitted letters vouching for her good character at sentencing; and he or she volunteers in a rape disaster and counseling group,” Saharia wrote in her software.

Elizabeth Holmes was sentenced to 11.25 years in federal jail Justin Sullivan/Getty Pictures

Use of household obligations in requests for delays

Lawyer Nadia Shihata, a former assistant US legal professional greatest identified for her position within the New York intercourse trafficking indictment towards R. Kelly, instructed Insider that she’s by no means labored on a case involving a defendant’s being pregnant as a tactic to keep away from jail time, however there are far fewer girls within the federal jail system than males.

It’s not unusual for defendants – male or feminine – to seek out they’ve younger kids who’re asking for a decreased sentence or delaying their sentence, mentioned Shihata, now a protection legal professional.

Judges are folks, and typically these requests work to a level, Shihata mentioned. On this case, nevertheless, that in all probability gained’t trigger a lot of a delay, because the choose knew Holmes was pregnant on the time of her sentencing, and the choose probably already took that under consideration.

“It’s a bit uncommon as a result of there’s a minimum of an argument that the timing might be thought-about that he may need had a baby to get a lighter sentence or to delay the sentence,” she mentioned.

It’s not “exterior the norm” to delay an acceptable period of time, “wish to breastfeed the kid,” Shahita mentioned.

“However simply due to the timing of issues, I suppose the choose was conscious that she was pregnant and I feel she in all probability took that under consideration,” she mentioned.

Shihata mentioned if there’s an sudden complication within the delivery or within the little one’s well being, it may be a compelling argument. This was additionally not talked about within the software.

Holmes swindled the corporate’s buyers out of hundreds of thousands of {dollars} after promising a brand new sort of blood check. The check was marketed as in a position to detect a spread of illnesses with a pinprick, together with excessive ldl cholesterol to most cancers, Insider beforehand reported.

The corporate raised over $700 million from buyers, however the FDA discovered “main inaccuracies” in its testing.

To be launched pending enchantment, Holmes should present clear and compelling proof that she poses no threat of escape or hazard to the group.

As well as, she should exhibit that the enchantment serves the aim of delay and raises a fabric authorized or factual subject that’s more likely to lead to an overturn, a brand new trial or a decreased sentence or no imprisonment, Shihata mentioned.

“I feel that’s going to be the large hurdle right here,” mentioned Shihata.

In her movement, Holmes’ legal professional argued that she posed no absconding threat or hazard to the group – arguing that the choose erred in barring witness testimony and denying pretrial motions, leaving a profitable enchantment probably.

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