Elizabeth Holmes cites her new baby as a reason she should avoid prison for Theranos scam

Disgraced Theranos CEO Elizabeth Holmes is citing her new baby as another reason she should be allowed to delay the start of a more than 11-year prison sentence while her lawyers appeal her conviction for duping investors about the capabilities of her failed company’s blood-testing technology.

The birth of Holmes’ second child was confirmed in court documents filed last week in advance of a March 17 hearing on her bid to remain free during an appeals process that could take years to complete.

The filing didn’t disclose the date of the birth or the child’s gender, but the news isn’t a surprise. Holmes, 38, was pregnant at the time of her Nov. 18 sentencing in the same San Jose courtroom where a jury convicted her on four felony counts of fraud and conspiracy.

The start of that trial had been delayed so that Holmes could give birth to her first child, a son. Holmes had both children with her current partner, William “Billy” Evans. She met Evans after her 2016 breakup with her former romantic and business partner, Ramesh “Sunny” Balwani, who was convicted on 12 counts of fraud and conspiracy in a separate trial.

Balwani, 57, is also trying to convince U.S. District Judge Edward Davila to delay the start of his nearly 13-year prison sentence. A hearing on his request was held earlier this month, but Davila hasn’t issued a ruling yet.

Holmes isn’t citing her two children as the only reason she should be allowed to stay out of prison during her appeal.

Her lawyers contend that an array of mistakes and abuses made during her trial make it likely that her conviction would be overturned. They also point to Holmes’ unblemished record while she has been free on bail during the 4½ years since her criminal indictment as evidence that she isn’t a flight risk or a danger to the community.