Elizabeth Holmes, founder and former CEO of Theranos, arrives at a motion hearing on Monday, November 4, 2019 at the U.S. District Court House inside the Robert F. Peckham Federal Building in San Jose, California. .
Yichuan Cao | NurPhoto | Getty Images
Elizabeth Holmes was delayed six weeks at the start of her trial on Wednesday as the government said she was blinded by the news she was pregnant and hoping to give birth in July.
The trial will now begin on August 31.
Holmes appeared Wednesday through a Zoom call, in which U.S. Deputy Attorney Robert Leach said prosecutors were only informed of Holmes’ pregnancy on March 2, adding that “it’s frustrating. and disappointing to know now. “
Holmes, the former CEO of Theranos, was reportedly five months pregnant at the time.
Despite repeated delays in her trial, Kevin Downey, one of her defense attorneys, said she is “eager to answer the charges. Based on the medical advice we have set this schedule at a rate that would be faster than the next six weeks – childbirth would be aggressive and not recommended. “
The unexpected news is leading some legal experts to wonder if being a new mother will help influence a pro-Holmes jury.
“Both consciously and unconsciously, judges, prosecutors and jurors can be concerned about the effect of maternal imprisonment on a baby in a way that they do not do when the defendant is male,” Danny Cevallos said. , NBC legal news analyst.
“Being a new mom can only help gain the sympathy of the jurors,” she said.
Holmes faces a dozen fraud charges for his defunct Silicon-Valley company. He founded Theranos and vowed to revolutionize healthcare when he left 19-year-old Stanford. Theranos had a valuation of $ 9 billion and had a star-studded board before it fell in 2018.
“If they are convicted, even if their sentencing guidelines call for imprisonment, their lawyers will put their maternity in front of and before the judge,” Cevallos said.
A research study 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 sentenced than a man.
Their findings show “dramatic unexplained gender gaps in federal criminal cases. With the condition of arrest offenses, criminal record and other pre-prosecution observables, men receive 63 percent more convictions on average than women. Women are also much more likely to avoid charges and convictions, and twice as likely to avoid imprisonment if convicted. “
His study further states that “mentioning child care reduces the likelihood of judges recommending jail time.”
“In short, the family-gender status interaction appears to be more substantial than the formal legal mechanism for accommodating family difficulties can explain.”
As questions are raised about whether being a new mother will help her with the jury, Holmes ’former associates told CNBC they weren’t surprised by the news of her pregnancy. Holmes had dated hotel heir Billy Evans, although his father’s identity is unknown.
Holmes is awaiting trial on charges that could lead to her up to 20 years in prison.