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Elizabeth Holmes and Ramesh “ Sunny ” Balwani ’s ingathering to overturn their pseud conviction and lose weight their prison house sentence wasdeniedMonday by the Northern District Court of California , which also refuse to soften their $ 452 million joint regaining order .
Holmes , the founder of Theranos , and Balwani , its former COO , wereconvicted in freestanding test in 2022for defrauding investor about the capabilities of Theranos ’ profligate - testing technology . Holmes was sentenced to more than 11 years in prison house , and Balwani welcome nearly 13 years . Both began serving their sentences in 2023 .
In their prayer , the two contend that the district court countenance improper testimony from former Theranos employee who serve as lay witness but injure up offering unconventional expert testimonial without the necessary legal designation . The appeals board agree that some testimony cross into expert territorial dominion but conclude the error were harmless .
Holmes also contested the inclusion of a damninggovernment reportthat highlighted failures in Theranos ’ lab , contend it unfairly influenced the jury . But the court feel the report relevant in establish her cognition and purport . Holmes indicate that her right were violated when she was proscribe from cross - examining a former Theranos laboratory director regarding aspects of his post - Theranos employment . Again , the appellant panel disagreed , read the royal court did n’t “ blackguard its discretion in limiting the scope of the mark - interrogation . ”
Meanwhile , Balwani take his charges were improperly expanded during the tribulation ( the panel dismissed this argument pretty forcefully ) . He also argue that his right wing to a fair tribulation was ravish because the government did n’t correct what he say was false testimony from two investors . The court rejected that argument , too , enounce even if there were government issue , they would n’t have affected the outcome of the compositor’s case .
Balwani is serving his sentence at the grimly named Terminal Island , a minimal - security department federal facility just outside Los Angeles ; Holmes is serve hers at FPC Bryan , a minimal - security federal prison house camp that ’s approximately 100 mil from Houston .
