Convicted Theranos CEO Elizabeth Holmes is pleading for leniency and hoping to avoid jail time ahead of her conviction.
In an 82-page document filed late Thursday, Holmes’ lawyers tried to persuade U.S. District Judge Edward Davila that sending Holmes to prison is unnecessary, partly because she has already been stigmatized by intense media coverage that has turned her into a “caricature to be mocked and vilified.”
The lawyers said prison time was unnecessary to deter future wrongdoing, calling Holmes, 38, a “singular human with much to give” and not the robotic, emotionless “caricature” seen by the public and media.
If Davila decides she send her to prison, Holmes’ lawyers argued she should be sentenced to no more than 18 months — a fraction of the maximum of 20 years she is facing after being convicted on four felony counts of investor fraud and conspiracy earlier this year.
“No defendant should be made a martyr to public passion,” the lawyers wrote. “We ask that the court consider, as it must, the real person, the real company and the complex circumstances surrounding the offense.”
“We acknowledge that this may seem a tall order given the public perception of this case—especially when Ms. Holmes is viewed as the caricature, not the person,” the filing said.
A jury convicted Holmes in January on four counts of wire fraud and conspiracy. Each count carries a maximum 20-year prison term. Any sentence would likely be served concurrently.
Prosecutors are expected to seek a much harsher sentence when they file their own sentencing recommendations ahead of Holmes’ scheduled Nov. 18 sentencing.
Prosecutors said Holmes lied to investors from 2010 to 2015 by promising Theranos’ technology could run many tests on one drop of blood from a finger prick.
After starting Theranos as a 19-year-old, Holmes proceeded to raise nearly $1 billion from investors swayed by what turned out to be bogus promises.
On Monday, Davila rejected Holmes’ requests for a new trial, including over a claim that a key prosecution witness visited her at home and made statements that undermined his testimony.
