Elizabeth Holmes is asking a judge to reverse her 'unjust' conviction or reduce her 11-year sentence one week before she's set to report to prison
In the filing, Holmes' attorneys ask the court to either "reverse the conviction" or reduce her 11-year prison sentence.
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But in the brief filed Monday with the US Court of Appeals for the 9th Circuit, Holmes's attorneys claim her original trial was flawed, producing an "unjust" conviction and a "severe" prison sentence. They argue that she was unjustly barred from citing Balwani's testimony in her own defense.
"Balwani's testimony is compelling evidence corroborating Holmes's defense that she did not intend to defraud investors with the financial projections or conspire with Balwani to do so," the attorneys wrote. Balwani was
convicted on 12 counts and
sentenced last December to 13 years in prison.
Holmes's defense team also argued that
testimony from Theranos' former lab director, Dr. Adam Rosendorff — that the company's technology was "uniquely problematic" — improperly influenced the court, citing the fact that Rosendorff was not cross-examined and questioned about failings in other labs at which he worked.
For those reasons, the court "should reverse the conviction and remand for a new trial or, alternatively, remand for resentencing," Holmes's lawyers wrote.
Holmes has made several attempts to throw out her conviction, or to delay or reduce her sentence, in the past year.he