SAN JOSE, Calif. (KRON) — A judge ruled late Monday night that disgraced Theranos founder Elizabeth Holmes cannot remain free while her appeal on a fraud conviction works its way through the courts. Holmes has the right to continue appealing her conviction but will have to do it from prison.
Holmes’ surrender date is scheduled for April 27. Holmes, 39, recently gave birth to her second child. The baby’s father is Holmes’ current boyfriend, millionaire Billy Evans, who accompanies her for every court appearance. Holmes cited her newborn baby as the reason she should be allowed to delay when she reports to prison while appealing her conviction, a process that could take years to complete.
Holmes was convicted of defrauding investors with her failed blood testing startup Theranos, which was once valued at $9 billion.
Holmes was found guilty of three counts of wire fraud against Theranos investors and one count of conspiracy to commit wire fraud. She was sentenced to 135 months–approximately 11 years–in prison by a jury following a three-month trial.