Elizabeth Holmes is due to report to prison next week, and the disgraced Theranos founder has launched an 11th-hour bid to avoid – or reduce – her 11-year sentence, Business Insider reports.
Holmes, 39, was convicted last year on four felony counts – three for wire fraud and one for conspiracy to commit wire fraud – and subsequently sentenced to 11.25 years in prison.
She had sought to remain free while her case is under appeal, but a judge last week denied her request.
Her attorneys in a court filing on Monday contended that Holmes believed in her company’s blood-testing technology and was unjustly denied the opportunity to present “compelling evidence” during her trial. They also requested either a new trial or a reduced sentence.
Holmes and her ex-boyfriend Ramesh "Sunny" Balwani in 2018 were charged on allegations that they defrauded investors.
Balwani was convicted on 12 counts and sentenced to 13 years in prison in December.
Holmes’ attorneys argued in court filings that Balwani’s “unjustly” excluded testimony would have bolstered her case.
"Balwani's testimony is compelling evidence corroborating Holmes's defense that she did not intend to defraud investors with the financial projections or conspire with Balwani to do so," her attorneys wrote.