Theranos founder Elizabeth Holmes’ bid to stay out of prison past her scheduled April 27 incarceration date remains in play after her judge said Friday he would not issue an order until early next month.
Holmes, convicted of felony fraud in connection with her now-defunct Palo Alto, California, blood-testing startup, has asked Judge Edward Davila to let her remain free on bail until her appeal is concluded, which could take months. When Davila in November sentenced Holmes to more than 11 years in prison, he delayed Holmes’ incarceration until April 27, with legal experts saying the judge likely wanted her to be able to deliver her second child before imprisonment.
Davila presided Friday over a hearing in U.S. District Court in San Jose into whether Holmes should pay restitution to Theranos, and whether she can stay out of prison pending appeal. After hearing arguments into restitution, Davila noted that he expected he would issue rulings on both matters the first week of April.
