Elizabeth Holmes' sentencing delayed again
The Theranos founder is seeking a new trial
Elizabeth Holmes' latest attempt to seek a new trial has pushed back her sentencing date once again.
The disgraced Theranos founder's sentencing hearing, which was set for Oct. 17, was continued by a federal judge in San Jose on Monday, and the court will instead hold a hearing that day on her defense team's motion for a new trial, KTVU-TV reported.
Theranos founder Elizabeth Holmes arrives at the Robert F. Peckham U.S. Federal Court in San Jose, California, on June 28, 2019. (Justin Sullivan/Getty Images / Getty Images)
Attorneys for Holmes, 38, filed a motion in federal court last month asking for a new trail citing "newly discovered evidence" pertaining to Dr. Adam Rosendorff, a former Theranos lab director and key government witness.
According to the filing, Rosendorff called Holmes and one of her attorneys last month seeking a meeting before driving to the disgraced founder's home and having a conversation with her partner, William Evans.
Holmes' defense team claims Rosendorff expressed regret to Evans over his testimony, and allegedly said that "the government made things sound worse than they were."
The court held a status update Monday to hear both sides.
Former Theranos CEO Elizabeth Holmes in an interview on Sept. 29, 2015. (David Orrell/CNBC/NBCU Photo Bank/NBCUniversal via Getty Images / Getty Images)
Holmes was convicted in January on three counts of wire fraud and one count of conspiracy to commit fraud after a jury found she deceived investors with claims that she had developed an innovative blood-testing technology that could diagnose hundreds of diseases with just a few drops of blood.
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The jury determined Holmes was not guilty of a second conspiracy charge and not guilty on three fraud charges. They were unable to reach a unanimous decision on another three fraud charges.
Theranos raised more than $900 million at its peak, but things began to unravel after a Wall Street Journal exposé revealed that the company's tests were inaccurate and that it was secretly using traditional machines for its testing rather than its own technology.
The company shuttered in 2018, and Holmes was indicted along with former Theranos executive Ramesh "Sunny" Balwani the same year. Balwani, who was also Holmes' former lover, was found guilty of 12 criminal fraud charges related to the scheme in July.
Ramesh "Sunny" Balwani, former president of Theranos, arrives at federal court in San Jose, California, on June 29, 2022. (David Paul Morris/Bloomberg via Getty Images / Getty Images)
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If Holmes is not granted a new trial, she faces up to 20 years in prison and a $250,000 fine plus restitution at sentencing.
Earlier this year, Holmes asked the same court to overturn her conviction, arguing that there was "insufficient" evidence for the jury to find her guilty. U.S. District Judge Edward Davila declined that request last month.
The Associated Press contributed to this report.