Elizabeth Holmes Says Baby Should Delay Prison For Theranos Cheating

The birth of Holmes’ second child was confirmed in court documents filed last week ahead of a March 17 hearing on her request for release during an appeals process that could take years to complete.

The filing did not reveal the child’s date of birth or gender, but the news comes as no surprise. Holmes, 38, was pregnant at the time of her sentencing on Nov. 18 in the same San Jose, Calif., courtroom where a jury convicted her of four counts of fraud and conspiracy.

The beginning of this process had been postponed to allow Holmes to give birth to their first child, a son. Holmes had both children with her current partner, William “Billy” Evans. She met Evans following her split from former lover and business partner Ramesh “Sunny” Balwani in 2016, who was convicted of 12 counts of fraud and conspiracy in a separate trial.

Balwani, 57, is also trying to convince US District Judge Edward Davila to delay the start of his nearly 13-year sentence. A hearing on his application was held earlier this month, but Davila has yet to make a decision.

Holmes doesn’t cite her two children as the only reason she can’t remain in prison during her appeal. Her attorneys allege that a series of errors and abuses committed during her trial make it likely that her conviction will be overturned. They also point to Holmes’ impeccable record while she has been at large on bail in the four and a half years since she was sentenced to prosecution as evidence that she posed no risk of escape or danger to the community.