Elizabeth Holmes' lawyers say that while prosecutors "parroted the public narrative" while making their case against the Theranos founder, "the reality differed significantly from that narrative." Her attorneys on Monday filed an appeal of her fraud conviction as well as a request for a reduction of her "severe" 11-year prison sentence, NBC News reports. "This Court should reverse the conviction or at a minimum remand for resentencing,” the filing argues, per the Hill. Holmes' lawyers also accuse the prosecution of committing violations that were "indulged" by the judge, who they say "abus[ed]" his discretion. Among those violations, they argue, was the exclusion of testimony from Sunny Balwani, Holmes' co-defendant, "taking sole responsibility for the company’s financial model."
As for the aforementioned "reality," her attorneys say in their filing that the truth is, "Highly credentialed Theranos scientists told Holmes in real time the technology worked. Outsiders who reviewed the technology said it worked. Theranos’ groundbreaking developments received many patents. And in 2015 the US Food & Drug Administration (FDA) approved an assay on Theranos’ proprietary technology." That flies in the face of prosecutors' claims that Holmes intentionally misled investors as to what Theranos tech could do, they argue, making her conviction "unjust." (Holmes' request to stay out of jail during the appeals process was recently denied.)
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