Theranos' Elizabeth Holmes appeals 'unjust conviction'

Theranos founder Elizabeth Holmes appealed her 2022 conviction on four counts of wire fraud this week, for which she received a more than 11-year prison sentence.

The Monday filing asked the court to either overturn the conviction or at least resentence her, The Hill reported. The former executive's attorneys argued that the trial was marred by errors and denied that Holmes "knowingly" misrepresented the capabilities of blood-testing equipment the company produced.

She contended that some of Theranos' technologies did obtain patents and that the FDA backed a 2015 essay on its proprietary technology. Holmes further claims that the company scientists had informed her the Theranos's technology did in fact work. Moreover, her team points out that the government did not call its retained expert for the trial and claims it ran afoul of evidentiary rules throughout the process.

"These errors—together with the exclusion of prior testimony from Holmes’ co-defendant taking sole responsibility for the company’s financial model—produced an unjust conviction," the appeal asserted.

At Holmes's November 2022 sentencing, she expressed regret for her actions, saying, "I stand before you taking responsibility for Theranos... I loved Theranos. It was my life's work ... I regret my failings with every cell of my body."

She had sought home confinement, community service, and a maximum of 18 months in prison whereas prosecutors sought 15 years.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.