Elizabeth Holmes is scheduled to be sentenced because she refused a second trial

SAN FRANCISCO – Monday’s denial by a judge Elizabeth HolmesThe request for a new trial was granted, paving the path for the businessman’s sentence next week for defrauding investors. He may be sent to jail later in the month.

Mrs. Holmes, who was convictedIn January, she was charged with fraud and conspiracy in connection to her blood-testing startup, Theranos. She spent the next few months trying desperately to turn her fortune around. She had filed three motions to reopen her trial based upon newly acquired evidence.

In an order issued Monday by Judge Edward J. Davila of US District Court for Northern District of California, the judge dismissed the requests and stated that they did not meet the criteria to be considered for a new trial.

Ms. Holmes, age 38, is scheduled to be sentenced November 18. Each fraud charge carries a maximum sentence of 20 years imprisonment, which is likely be served concurrently.

In court Last monthIt appears that Mrs. Holmes is expecting a second child. She is currently out on bail and lives in Woodside with her partner and their young son. After the verdict is rendered, she is expected to appeal.

Ms. Holmes’ lawyer didn’t respond to a request to comment.

Ms. Holmes requested a fresh trial based on new evidence. An unusual visit to her homeAugust by Dr. Adam Rosendorf. He was a leading witness in the prosecution.

After Ms. Holmes claimed Dr. Rosendorf had made statements that challenged his testimony, Judge Davila ordered him appear in court to verify his testimony.

Last month, Dr. Rosendorf (director of Theranos’ lab) explained that he had visited Ms. Holmes in order to find the epilogue and end the saga.

During Dr. Rosendorf’s testimony at the trial, Mr. Holmes’ lawyers questioned him about his mental health and state. They used a comment he made at Mrs. Holmes’ home to accuse government of creating a false picture of what happened at Theranos.

Dr. Rosendorf stated that his statements from the podium, which lasted six days during Ms. Holmes’ four month trial last year, were all correct. You should note that Mrs. Holmes was not included in one of his comments, namely that “everyone was working very hard to do something good” at Theranos. Ramesh BalwaniShe is a conspirator.

Monday’s 15 page order by Judge Davila stated he found Dr. Rosendorff’s statements under oath credible. Judge Davila stated that Ms. Holmes’ other requests for a fresh trial, which included arguments from Mr Balwani’s subsequent trial and a missing database of test result results, did not merit a second trial.

Judge Davila stated in certain places that Mrs. Holmes’ arguments “were not material”, “would exhaust foolishness” and “unlikely” to lead to an acquittal if they were added to a new trial.

Al-Balwani, aged 57, was convicted this summer on 12 counts for fraud and conspiracy. He is due to be sentenced December 7.