--- title: "Elizabeth Holmes Hopes Her New Baby Will Keep Her Out of Prison" description: "New court documents have revealed that Theranos scammer Elizabeth Holmes has had her second child — which her lawyers argue as reason to postpone jailtime." date: "2023-02-28" modified: "2023-02-28" authors: - name: "Maggie Harrison Dupré" job_title: "Senior Staff Writer" link: "https://futurism.com/authors/mharrison" url: "https://futurism.com/neoscope/elizabeth-holmes-new-baby-prison" categories: - "Developments" - "Health & Medicine" tags: - "crime" - "elizabeth holmes" - "health" - "theranos" --- # Elizabeth Holmes Hopes Her New Baby Will Keep Her Out of Prison ![New court documents have revealed that Theranos scammer Elizabeth Holmes has had her second child — which her lawyers argue as reason to postpone jailtime.]() *\Image: Justin Sullivan via Getty / Futurism\* According to a [report from *The Mercury News*](), new court documents have revealed that [infamous Theranos scammer]() Elizabeth Holmes has given birth to her second child — a development that Holmes' legal team is hoping will help keep their client out of prison, at least for the time being. The Stanford dropout, who was convicted of defrauding investors to the tune of $144 million [back in January 2022](), is currently scheduled to begin her 11-year sentence on April 27. And while it's unclear when Holmes actually had the baby — *Mercury News* says that in the filing, Holmes is simply referred to as the "mother of two young children" — the ex-CEO and her lawyers are hoping that the birth bolsters the defense's ongoing fight to keep the convicted felon out of prison until her appeal process, which could take up to a year, is complete. But baby or no baby — or two babies, as the case may be — the prosecution doesn't seem to be budging. They believe Holmes is a flight risk, arguing that the fraudster had been planning to use a one-way ticket to Mexico to flee her sentencing. For her part, Holmes claimed that she just wanted to go to a close friend's wedding. You know, what we all buy one-ways out of the country for. To the *Forbes* cover alum's credit — as blogger Chris Bakke put it, the "[*Forbes* to minimum security prison pipeline]()" — we can't imagine being a new mother, let alone a mother at all, and having to leave your children to do over a decade in prison. That said, Holmes did commit serious crimes, which not only defrauded wealthy investors but also negatively impacted the [everyday individuals]() who trusted their health and their lives to the half-baked tech. Of the millions of women in prison, [roughly 80 percent](), as of 2021, are mothers, and many of those women are locked up for charges less serious than Holmes; those women are also less likely to have access to the childcare resources that Holmes and her partner, Billy Evans, [can afford](), both during and after their sentences. If Holmes *does* achieve an extension in light of her family situation, it would only be right that other women in the American prison system have access to that same privilege. (Not that we're actually expecting that much of the US prison industrial complex.) Of course, only time will tell. But if we were Holmes, we wouldn't hold our breath. **READ MORE:** [*Elizabeth Holmes gives birth to second child while seeking to further delay imprisonment*]() \[*The Mercury News*\] **More on Elizabeth Holmes' legal journey:** *[We're Losing It at Elizabeth Holmes' Excuse for Why Theranos Results Made No Sense]()* ## Author At Futurism, I've reported extensively on the rise of AI as a cultural and business force shaping the media industry, and more broadly how those dynamics are changing how we all consume and share information and relate to one another. I'm also fascinated by public health policy and ethics, the role of emerging tech in politics and governance — and the powerful people and forces at those intersections — climate change, and the environment. My investigation on Sports Illustrated's use of AI-generated authors with fictional biographies won a 2024 Mirror Award for "Best Story on Media Coverage of Artificial Intelligence in Journalism and the Media" from Syracuse University's SI Newhouse School, I contributed to Niemen Lab's 2025 Predictions for Journalism series, and I've discussed my work for Futurism during appearances on NPR, CNN, the BBC, the CBC, and more. I grew up in rural Pennsylvania and attended the University of Massachusetts Amherst, where I played Division I field hockey for the Minutewomen as a midfielder. Since then, I've lived in New Orleans, Louisiana and Manhattan, New York. I spend my free time running, reading, perusing archival fashion, and searching for the world’s best negroni. I also have a debonair tuxedo cat, Westley, who's named after "The Princess Bride." ### Author social links [Bluesky]()