The Government’s Answering Brief Will Come In On August 18, 2023, Now…

This is a truly small matter, but since Ms. Holmes’ opening brief is so far over the usual page limit, the AUSAs are very likely to see this motion (filed today in the Ninth Circuit, on Holmes’ appeal of her conviction) granted — for more time to reply:

…An additional time of 45 days is needed to review the extensive length of the trial and appeal records and to respond to the appellant’s oversized opening brief.

There is also the simultaneous briefing of co-defendant Ramesh Balwani’s appeal (No. 22-10338), and counsel’s scheduled leave. Before filing, the brief must be circulated for supervisory review, which will require additional time. Due to length of the record and these competing schedules, the government asks for additional time from the current deadline of July 3, 2023 for its answering brief….

Now you know.

Onward, grinning….

Trivia: Typos In San Jose Felony Judgment Entered — Now Corrected.

This simply allows the government to garnish any paycheck she should get on release, for at least 10% of what she might make… essentially forever. It makes clear a separate attachment proceeding won’t be needed, eleven years from mow, if she finds paying work.

Here is the new sentence, that sets payments on release:

…Once the defendant is on supervised release, the criminal monetary penalties must be paid in monthly payments of not less than $250 or at least 10 percent of earnings, whichever is greater, to commence no later than 60 days from placement on supervision. Notwithstanding any payment schedule set by the court, the United States Attorney’s Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3664(m)….

Now you know — the order clears a few other minor typos.

Oh. And she apparently cried all through her visit with her parents, kids and hubs a few days ago, according to reports from MSM — having had her first visit only five days after arriving. In higher security facilities, she would have had to have earned a month of good time, before her first visitor would be admitted. Not so at Bryan, a low security camp facility. She is… lucky.

Onward.

[Tangent: The Onion] “O.M.Gurd — She’s Solved It!”

The Onion really blew the bars off the doors, with this one:

…BRYAN, TX — Jumping up and down and shouting when the answer she’d spent years searching for finally came into focus, prison inmate Elizabeth Holmes reportedly discovered how to make the Theranos blood analyzer work last week at the exact moment the cell door closed on her for the first time. “Oh my God, that’s it—that’s it,” said the former biotech entrepreneur, who then gasped, grabbed her new cellmate, and screamed that she’d “finally done it,” only to have cell bars immediately slammed in her face. “Finally, I understand. It was right in front of me the whole time. I’m going to save humanity! Soon, everyone in the world will be able to analyze their health information from a single drop of blood using my genius portable device. You have to believe me! Please!” At press time, Holmes could be seen carving a new blueprint for the device into the wall of her prison cell, pricking her finger, and asking any prison guard who would listen for $700 million….

F L A W L E S S.

That is all I’ve got. Be excellent to one another. Out.

नमस्ते

Solid Epilogue: She Is Deserving Of No Added Measure Of Sympathy. None.

I have been meaning to write something along these lines for a few weeks now. As she likely sees her first prison visit today or tomorrow with her two babies, in a crowded visiting room with Billy Evans… I thought I’d give it a go.

But I didn’t need to — as frankly, Annalisa Mirelli did a much better job that I would have — so do listen in to a bit of it:

…American prisons are full of mothers — and the overwhelming majority deserve more sympathy than Holmes. That she is the one getting the personal spotlight, and pity as a mother separated from her kids, isn’t just a function of her profile, but of white privilege….

[Women of color, and of limited means] often face extreme sentences for minor crimes, like the young mother of four who was sentenced to 12 years for selling $31 worth of pot, the pregnant woman who was kept in jail and forced to sleep on the floor because she was caught smoking marijuana, or the mother of four who was sentenced to life in prison for marijuana possession (non-violent).

These are [all] women who faced much harder circumstances that Holmes.

They are the ones who deserve pity and attention — often outrage, in fact. But Holmes is not a victim of the system. If anything, she manipulated it to her advantage. The births of her children suggests she didn’t much think about the possibility of her arrest—that is, if she didn’t outright plan them with the trial in mind. Pregnant women of fewer means don’t get the luxury to report late: hundreds of babies are born to detained mothers, and nearly 60,000 pregnant people go through the prison system each year….

Agree. 100%.

Out.