Elizabeth Holmes sentencing date delayed amid request for new trial

Holmes, who was convicted on four of 11 counts of fraud for her role in the blood-testing company, was to be sentenced on 17 October. She requested a new trial in September after a key witness for the prosecution said he regretted the role he played in her conviction.

In an online hearing on Monday, the judge agreed to delay the sentencing to consider the new evidence. Holmes said in her September filing that former Theranos lab director Adam Rosendorff appeared at her home in August and attempted to apologize for his role in her conviction.

Holmes, 38, is currently free on bail but is facing up to 20 years in prison and a fine of $250,000 plus restitution for each count. A new hearing regarding the Rosendorff issues will take place on the day Holmes was set to be sentenced. If a new trial is not granted, she will instead be sentenced between November and January.

Sunny Balwani was convicted on all 12 fraud charges brought against him for his role at the company. Balwani, a former Theranos executive and romantic partner of Holmes, faces as many as 20 years in prison. He is scheduled to be sentenced on 15 November.

It is typical for defendants to make motions for a new trial after a guilty verdict, said Neama Rahmani, a former former federal prosecutor and president of West Coast Trial Lawyers.