Elizabeth Holmes was sentenced to 11 years in prison for defrauding investors out of more than $100 million. Now, she has asked a judge to remain free on bail until her appeal is heard.
Typically, once a person has been convicted of a crime and sentenced to prison, they must pursue any appeals from prison. In order to be released on bail as an appeal is ongoing, a defendant has a high bar to clear.
In general, they must convince the court they are not a flight risk and that their appeal is serious — meaning that it will raise legitimate concerns with the previous trial that could substantially change the outcome.In court documents, Holmes' lawyers cited a variety of reasons why they said she was not a risk to flee.
Prosecutors replied that the court had already accommodated her motherhood by setting the"generous" April deadline to turn herself in — nearly six months after her sentencing in November — because she had become pregnant after the guilty verdict. "While facing these serious felony charges at trial and awaiting the Court's sentence, Defendant has lived on an estate with reportedly more than $13,000 in monthly expenses for upkeep and has conceived two children with her current partner," prosecutors wrote.And they pointed to a one-way plane ticket to Mexico booked by Holmes last year that was set to depart days after a jury found her guilty.
In response, Holmes' lawyers explained that her partner had booked that ticket —"before the verdict and full of hope" that she would not be found guilty — in order to attend the wedding of close friends. The ticket was canceled after government lawyers objected, they said, adding that"Ms. Holmes has never attempted to flee."
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