Possible New Trial Date for Former Theranos CEO Elizabeth Holmes Revealed Following Pregnancy Delay

Former Theranos CEO Elizabeth Holmes will likely face trial on wire fraud charges within the next six weeks after prosecutors and her defense team requested a delay due to pregnancy. She was due to stand trial beginning on July 13 this year.

The attorneys submitted a filing to Judge Edward Davila on Friday asking that the trial be put back to August 31. Both sides agreed to the change.

"On March 2, 2021, counsel for Defendant advised the government that Defendant is pregnant, with an expected due date in July 2020," the joint filing said.

"The parties have met and conferred, and both parties agree that, in light of this development, it is not feasible to begin the trial on July 13, 2021, as currently scheduled."

The judge has not yet ruled on a delay but given the prosecution and defense both requested it, it is likely to be granted. This would probably see Holmes stand trial on the date requested—August 31—but the judge may choose to exercise discretion on the precise timing,

Holmes and former Theranos COO Sunny Balwani are facing a dozen charges of wire fraud relating to their time at the company.

Both Holmes and Balwani potentially face 20 years in federal prison if they're convicted. Holmes' trial was initially scheduled for July 28, 2020 but was delayed due to the ongoing COVID-19 pandemic.

Founded by Holmes in 2003 with the intention of revolutionizing blood testing, Theranos said it had created a machine that would carry out hundreds of laboratory blood tests from just one or two finger-pricks of blood.

The company brought in over $700 million in investment and quickly became a media sensation. Theranos was once valued at $9 billion. However, Holmes was later accused of misleading investors, doctors and patients when it emerged that Theranos' claims were false. She was indicted in 2018.

"Based on these representations, many hundreds of patients paid or caused their medical insurance companies to pay Theranos for blood tests and test results, sometimes following referrals from their defrauded doctors," Holmes' initial indictment said.

"This indictment alleges a corporate conspiracy to defraud financial investors," FBI special agent John Bennett said in 2018. "This conspiracy misled doctors and patients about the reliability of medical tests that endangered health and lives."

Holmes' legal team has expressed an intention to raise her mental state as part of its defense, writing in an earlier court filing that they would introduce material "relating to a mental disease or defect or any other mental condition of the defendant bearing on... the issue of guilt."

Prosecutors were granted the right to examine Holmes' mental health and two experts, a psychologist and psychiatrist, received the same rights.

Former Theranos Founder and CEO Elizabeth Holmes
Former Theranos founder and CEO Elizabeth Holmes arrives at the Robert F. Peckham U.S. Federal Court on June 28, 2019 in San Jose, California. Former Theranos CEO Elizabeth Holmes and former COO Ramesh Balwani appeared in federal court for a status hearing. Holmes' trial may be delayed as she is pregnant. Justin Sullivan/Getty Images