Holmes’ appeal claims federal judge erred on evidence, and highlights her purported belief her technology worked.
Theranos founder Elizabeth Holmes’ fight to escape or reduce her accountability for defrauding investors has officially entered its final chapter. The convicted felon late Monday filed an appeal document claiming her conviction was “unjust” and should be thrown out, or that she should be re-sentenced.
Holmes’ legal filing also revealed the massive scale of her appeal of her conviction on four counts of fraud, and her sentence of more than 11 years in prison. Her last-ditch bid for freedom or reduced prison time will be based on nearly 10,000 pages of transcripts from her four-month trial and more than 16,000 pages from other court records, according to the filing in the U.S. Court of Appeals for the Ninth Circuit.
In the filing, Holmes, 39, claimed that although federal prosecutors in her trial focused on the allegation that she intentionally misrepresented to investors the capabilities of Theranos’ technology, “the reality differed significantly” from that argument. “Highly credentialed Theranos scientists told Holmes in real time the technology worked,” the filing said. “Outsiders who reviewed the technology said it worked.”
Prosecutors made the case that while Holmes and her now-defunct Palo Alto blood-testing startup touted the ability to conduct a full range of blood tests using just a few drops of blood from a finger-stick, the firm’s machines could in reality only perform a handful of tests. Jurors heard testimony that the company’s machines suffered from significantHolmes, when she took the witness stand in November 2021 during her trial in U.S.
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