Choose denies Elizabeth Holmes’ request to remain out of jail whereas she appeals fraud conviction

A U.S. District Court docket decide has dominated that Elizabeth Holmes, founder and CEO of the disgraced blood-testing firm Theranos, can not stay free on bail whereas she appeals her fraud conviction.

In keeping with court docket paperwork filed Monday, Choose Edward Davila dominated that the portion of the conviction that Holmes is interesting shouldn’t be more likely to be overturned. A jury discovered Holmes responsible in January 2022 on 4 counts of fraud in connection along with her management at Theranos. In November, she was sentenced to greater than 11 years in jail.

In his newest resolution, Davila famous Holmes is difficult her conviction based mostly on rulings about what proof was introduced throughout her trial, particularly about whether or not Theranos merchandise “labored as promised.”

Davila mentioned Holmes’ conviction was not solely based mostly on that difficulty, but in addition in regards to the firm’s funds, purported company partnerships and her false claims to buyers.

“Whether or not the jury heard kind of proof that tended to indicate the accuracy and reliability of Theranos expertise doesn’t diminish the proof the jury heard of different misrepresentations Ms. Holmes made to buyers,” Davila mentioned.

Davila did concur that Holmes doesn’t signify a flight threat, although her fiancé, Billy Evans, bought a one-way ticket to Mexico for them that was scheduled to depart just a few weeks after the jury had rendered its verdict.

“Reserving worldwide journey plans for a prison defendant in anticipation of an entire protection victory is a daring transfer, and the failure to promptly cancel these plans after a responsible verdict is a perilously careless oversight,” the decide wrote in his submitting Monday.

Nevertheless, Davila mentioned he’d accepted Holmes’ argument, based mostly on communications, that the flight ticket, “whereas ill-advised,” was not an try and flee the nation.

Holmes, who just lately gave start to her second little one, is predicted to report back to a minimum-security facility on April 27.