Elizabeth Holmes, founder and former CEO of Theranos, arrives for a motion hearing on Monday, November 4, 2019, at the United States District Court inside the Robert F. Peckham Federal Building in San Jose, California.
Yichuan Cao | NurPhoto | Getty Images
Elizabeth Holmes had a six-week extension on Wednesday to begin her trial, as the government said it was taken by surprise by the news that she was pregnant and hoped to give birth in July. The trial will now begin on August 31.
Holmes appeared via a call from Zoom on Wednesday, in which federal prosecutor Robert Leach said prosecutors were not informed of Holmes’ pregnancy until March 2, adding that “it is frustrating and disappointing to know that now”.
Holmes, the former CEO of Theranos, was supposed to be five months pregnant at the time.
Despite repeated delays in her trial, Kevin Downey, one of her defense lawyers, said she is “eager to challenge the charges. Based on the medical advice we received, we set this schedule at a pace that would be faster than six weeks. after -birth would be aggressive and not recommended. “
The unexpected news is leading some lawyers to question whether becoming a mother for the first time will help influence the jury in favor of Holmes.
“Whether they are conscious or unconscious, judges, prosecutors and jurors can be concerned about the effect of maternal imprisonment on a newborn baby in a way that they do not when the defendant is a man,” said Danny Cevallos, legal analyst at NBC News .
“Being a mother can only help to gain the sympathy of the jurors,” he said.
Holmes is facing a dozen counts of crime fraud over his now-defunct startup in Silicon Valley. She founded Theranos and promised to revolutionize health at the age of 19 when she left Stanford. Theranos has already been valued at $ 9 billion and had a star-studded plaque before falling in 2018.
“If you are convicted, even if your sentencing guidelines require imprisonment, your lawyers will put your maternity first before the judge,” said Cevallos.
Research by Sonja Starr, a professor of criminal law at the University of Chicago, shows that statistically a woman is less likely to be convicted and less likely to receive a longer sentence than a man.
Their findings show “dramatic and unexplained gender gaps in federal criminal cases. Conditional on imprisonment, criminal records and other pre-charge observables, men receive 63% longer sentences on average than women. women are also significantly more likely to avoid charges and convictions, and twice as likely to avoid prison if convicted. “
His study further states, “mentioning childcare has reduced the likelihood of judges recommending imprisonment.”
“In short, the family-gender status interaction appears to be more substantial than the only formal legal mechanism to accommodate family difficulties can explain.”
As they wonder whether being a mother for the first time will help her on the jury, former Holmes associates told CNBC they were not surprised by the news of her pregnancy. Holmes was dating the heir to the Billy Evans hotel, but his father’s identity is unknown.
Holmes is awaiting trial on charges that could lead to a maximum of 20 years in prison.