Disgraced Theranos founder Elizabeth Holmes has given birth to her second child as her lawyers fight to delay her imprisonment, recent court records have revealed.
Holmes’ legal team first publicly acknowledged that she had indeed given birth late last week, arguing that the trafficker posed no escape risk.
Lawyers did not say when Holmes was born.
“SM. Holmes has deep ties to the community. She is the mother of two very young children,” reads the case file. Rape Crisis and Advisory Organization”.
Holmes was visibly pregnant during a failed attempt to throw her conviction last year. Billy Evans, her fiancé and father of her first child, confirmed the pregnancy in court last November.
![Elizabeth Holmes](https://nypost.com/wp-content/uploads/sites/2/2023/02/NYPICHPDPICT000005491910.jpg?w=1024)
Holmes’ first child was born in July 2021, months before she was convicted of multiple fraud charges for lying to investors about the failed technology and finances of her blood-testing start-up. Theranos was once valued at $9 billion – only to fail after the Wall Street Journal revealed that its machines couldn’t perform many of the functions Holmes claimed.
The birth disclosure was part of an ongoing tug-of-war between Holmes’ lawyers and federal prosecutors over her prison term, which is set to begin April 27. Holmes, who appealed her conviction and sentence, faces more than 11 years in prison.
Mercury News was the first to announce the report.
![Elizabeth Holmes](https://nypost.com/wp-content/uploads/sites/2/2023/02/NYPICHPDPICT000007350898.jpg?w=1024)
Holmes’ attorneys argue that she should remain free on bail during the appeal, as it would raise “substantial issues” in her case that could warrant a new trial. Meanwhile, the feds say Holmes should serve her sentence as scheduled.
In a motion filed last month that argued for her immediate imprisonment, prosecutors said Holmes lived a glamorous life in a $13,000-a-month mansion while showing “no remorse” for the actions that led to her conviction.
“There are no two justice systems – one for the rich and one for the poor – there is one criminal justice system in this country,” government lawyers said in a file
![Elizabeth Holmes](https://nypost.com/wp-content/uploads/sites/2/2023/02/NYPICHPDPICT000007350889.jpg?w=1024)
The feds also charged that Holmes had bought a one-way ticket to Mexico and was planning to flee the country before being convicted. Prosecutors say Holmes only abandoned the plan after government authorities contacted her team.
Holmes’ attorneys responded by describing the claim as “baseless” and stating that she booked the trip because she “hoped to be acquitted and thus be able to attend a close friends wedding in Mexico in late January 2022.” Lawyers added that she “did not intend to travel” when found guilty.
“Mr. Evans had not yet canceled her ticket when the government asked to book but there was no way for her to go: not only did Mrs Holmes’ release conditions require court approval for international travel, but the Court has her passport expired (and continues to expire) , and she didn’t try to get a new one,” lawyers wrote in a filing last month.