Lawyers for Elizabeth Holmes angrily dismissed prosecutors’ recent claim that the Theranos founder tried to “flee the country” after being convicted of four fraud charges last year.

In a court filing on Monday, defense attorneys asked the court to remove inaccuracies from the records, including the “baseless” claim that she tried to ferry it to Mexico on a one-way ticket. Prosecutors “recklessly and falsely accuse Ms Holmes and her partner [Billy Evans] of the attempted flight and submitting incomplete and demonstrably inaccurate allegations of fact in support of that allegation,” the filing said. The government had raised the issue while challenging Holmes’ request to be released from prison pending her appeal.

The truth of the matter, Holmes’ lawyers wrote, is that Evans bought the tickets in December 2021 “before the verdict” and in the hope that Holmes would soon be acquitted. When that didn’t happen, he failed to quickly cancel the reservation, but Holmes’ lawyers argued that “there was no way for her anyway” as she didn’t have and didn’t have access to her passport (which had expired). obtain court approval for foreign travel.

The attorneys filed an email exchange last January between some members of Holmes’ legal team and a prosecutor, Jeffrey Schenk, in which Schenk acknowledged Holmes’ apology and said he “suspects that there is an explanation” for her itinerary give.

The next day, Holmes’ attorneys provided more context and Schenk replied, “Thank you again for the background information, the reassurance, and for addressing this situation quickly. I don’t think we need to discuss this further, but I’ll definitely get back to you if that changes.”

Holmes’ attorneys argued that the flight risk claims distorted her “pristine pre-trial track record.” They also refuted prosecutors’ claims that Evans left the country on a one-way ticket last January and “and didn’t return until about six weeks later … from another continent.” In fact, Evans and the attorneys said he returned to the United States four days after leaving Mexico.

In addition to the factual disputes, Monday’s filing also asked the court to seal allegations made in prosecutors’ filings last week, including that Holmes’ monthly expenses exceed $13,000 even though Evans doesn’t earn a salary. Citing confidentiality, Holmes’ lawyers also want the court to seal mention of her alleged request to relax her travel restrictions “due to her significant other’s employment.”

Assuming she loses her appeal, Holmes faces 135 months in prison. The court will soon decide when she would begin that term. Theranos founder Elizabeth Holmes fires back, claiming she was trying to escape