Theranos founder Elizabeth Holmes has given birth to her second child, court documents filed last week by the disgraced entrepreneur’s defense team revealed.
Holmes’ attorneys cited the baby’s birth in their latest request for a federal judge to allow her to remain out of prison while she appeals her federal fraud convictions, arguing in part that she is not a flight risk because of her close family ties.
In pleading for U.S. District Judge Edward Davila to grant her release pending appeal, Holmes’ lawyers wrote that she “has two young children and family support in the United States, and her bail is secured by her parents’ only home.”
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Judge Davila oversaw the trial that resulted in Holmes’ conviction last year on three charges of wire fraud and one conspiracy charge, after a jury found she criminally deceived investors through false claims that her company’s blood-testing technology could diagnose diseases with just a few drops of blood.
Davila has turned down the Theranos founder’s multiple requests for a new trial, and sentenced her in November to more than 11 years in prison for her crimes.
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Holmes is currently slated to self-surrender on April 27 to begin serving her time, so her attorneys are scrambling to allow her to remain free while her appeal moves through the courts.
But prosecutors say that request should be denied. The government argued in a filing last month that Holmes could be a flight risk, claiming she booked a one-way flight to Mexico weeks after her conviction in January of last year.
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Last week’s filing did not state when Holmes’ second child was born.