Elizabeth Holmes, founder and former CEO of Theranos, arrives in the U.S. District Court at the Robert F. Peckham Federal Building in San Jose, California on Monday, November 4, 2019.
Yichuan Cao | NurPhoto | Getty Images
Elizabeth Holmes had a six-week delay until the start of her trial on Wednesday, as the government said it was blinded by the news that she was pregnant and expecting to give birth in July.
The trial is set to begin on August 31.
Holmes appeared on Wednesday via a Zoom call in which assistant lawyer Robert Leach said prosecutors were only told about Holmes’ pregnancy on March 2, adding: “It is frustrating and disappointing to find out about this now.”
Holmes, the former CEO of Theranos, would have been about five months pregnant at the time.
Despite repeated delays in her trial, Kevin Downey, one of her defense attorneys, said she was “eager to challenge the charges.” Based on the medical advice we received to set up this schedule at a rate that would be faster than six weeks following. birth would be aggressive and not recommended. “
The unexpected news leads some legal experts to question whether a new mother will help a jury in Holmes’ favor.
“Whether consciously or unconsciously, judges, prosecutors and jurors can worry about the consequences of locking up mothers on a newborn baby in a way they would not if the accused were male,” said Danny Cevallos, legal analyst. of the NBC News, said.
“Being a new mother can only help gain her sympathy from jurors,” he said.
Holmes is facing a dozen charges of crimes due to her abolished Silicon Valley commencement. She founded Theranos and promised to revolutionize healthcare as a 19-year dropout at Stanford. Theranos was once valued at $ 9 billion and had star-studded advice before crashing in 2018.
“If convicted, even if her sentencing guidelines call for jail time, her attorneys will put her motherhood before and right before the judge,” Cevallos said.
A research study by Sonja Starr, a professor of criminal law at the University of Chicago, shows that a woman is statistically less likely to be convicted and less likely to receive a sentence than a man.
Her findings show ‘dramatic unexplained gender gaps in federal criminal cases. On condition of arrest, criminal history and other observable pre-trial charges, men receive on average 63 percent longer sentences than women do. Women are also significantly more likely to avoid charges and convictions. , and twice as likely to avoid incarceration if convicted. “
Her study further states, “citing child care, the judges reduce the likelihood of recommending jail time.”
“In short, family status and gender interaction appear to be more substantial than the formal legal mechanism for tackling family problems can explain.”
As questions are being asked about whether a new mother will help her with the jury, former Holmes co-workers told CNBC they were not surprised by the news of her pregnancy. Holmes had dated hotel heir Billy Evans, but the identity of the father is unknown.
Holmes is awaiting trial on charges that could carry a maximum of 20 years in prison.