After losing her last attempt to delay her prison sentence while she continues to file appeals, former Theranos CEO Elizabeth Holmes is expected to begin her incarceration on April 27th. Rather than just serve her time, however, Holmes has once again asked that an appeals court overturn her conviction or reduce her sentence because she wants to present additional evidence and has been told no.
Holmes seems to be trying and failing to follow the Trump playbook of delay, delay, and what you can't delay, see if you can reschedule. Her ex-boyfriend and COO Balwani has begun to serve his sentence.
Holmes, 39, is due to begin her sentence on April 27 after a judge last week denied her request to remain free while she appeals her conviction. At the time her punishment was handed down, Holmes told the court, through tears, that she was "devastated by my failings" and "felt deep pain for what people went through because I failed them."
But in the brief filed Monday with the US Court of Appeals for the 9th Circuit, Holmes's attorneys claim her original trial was flawed, producing an "unjust" conviction and a "severe" prison sentence. They argue that she was unjustly barred from citing Balwani's testimony in her own defense.
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Holmes has made several attempts to throw out her conviction, or to delay or reduce her sentence, in the past year. In May, her attorneys asked the judge to overturn her conviction, saying there was "insufficient evidence" for any "rational juror." In November, after the judge denied three requests she made for a new trial days before she was due to be sentenced, she asked for 18 months under house arrest instead of prison time, with her attorneys arguing she had been "mocked and vilified" enough.
I am not sure anyone cares to mock or vilify Holmes; we'd just like to see criminals serve their time.
