Elizabeth Holmes Will No Longer Go To Prison Thursday Due To Appeal

SAN JOSE, CA — Elizabeth Holmes will no longer report to prison Thursday, as previously scheduled, after the embattled Theranos CEO filed a motion for release pending appeal earlier this week, according to a court document.

Holmes was found guilty of fraud and conspiracy more than a year ago by a jury after she convinced investors her blood-testing scam would revolutionize the healthcare industry. She was sentenced in November to more than 11 years in prison and earlier this month a federal judge determined her case lacked the evidence for her to remain free on bail during an appeals process alleging misconduct during her trial.

But on Tuesday, Holmes filed a motion for release pending appeal in the Ninth Circuit federal appeals court.

“Ms. Holmes was on bail at the time the motion was filed,” said a notice of automatic stay uploaded to Document Cloud by NPR reporter Bobby Allyn. “Therefore, that bail automatically remains in effect until the Ninth Circuit has ruled on her motion.”

Holmes was seen as a Silicon Valley wunderkind when she dropped out of Stanford University at 19 to start Theranos, which raised nearly $1 billion from investors before her fall from grace.

Her co-conspirator, Ramesh “Sunny” Balwani, was able to delay his March prison date through an appeal, although it was eventually rejected by the Ninth Circuit and he was scheduled to start his nearly 13-year sentence last week.

Holmes, who has given birth to two young children amid court proceedings in recent years, has been recommended to serve her prison time in Bryan, Texas.

The Associated Press contributed to this story.