Elizabeth Holmes Avoids Prison Sentence as Appeal of Judge’s Decision is Successful

In a surprising turn of events, disgraced Theranos CEO Elizabeth Holmes has avoided starting her more than 11-year prison sentence on Thursday. Holmes’ lawyers informed U.S. District Judge Edward Davila that she won’t be reporting to prison as scheduled because she had filed an appeal of a decision that he issued earlier this month ordering her to begin her sentence on April 27.

In a filing late Tuesday, Holmes’ lawyers state Davila’s decision to reject her release contained “numerous, inexplicable errors,” including references to “patient fraud convictions,” even though the jury acquitted Holmes on those counts.

The Ninth Circuit Court of Appeals’ stay of Holmes’ prison term came after Holmes sought to overturn District Court Judge Edward Davila’s April 11 decision to reject her plea for release. She has been free on bail since a jury convicted her on four counts of fraud and conspiracy in January following a four-month trial revolving around her downfall from a rising star in the tech industry.

The appeal of Holmes’ conviction is still ongoing, and the Ninth Circuit Court of Appeals has yet to issue a ruling on her request for a stay of her prison sentence. In the meantime, Holmes will remain free on bail while her appeal is pending.

The case of Elizabeth Holmes has been closely watched by the public since her conviction in January. Her legal team’s successful appeal of her prison sentence has only added to the intrigue surrounding her case. It remains to be seen whether the Ninth Circuit Court of Appeals will uphold the lower court’s decision to deny her release.