Elizabeth Holmes, the founder and CEO of failed blood-testing company Theranos, will have to report to prison while appealing her fraud conviction.

Holmes had asked U.S. District Court Judge Edward Davila to allow her to remain free while she appealed the conviction against her, but in a ruling filed on Monday, Davila ruled that the part of the conviction Holmes is appealing will probably not be overturned. Holmes is challenging her conviction based on the evidence presented at trial regarding whether Theranos products “worked as promised,” NBC News reported.

“Whether the jury heard more or less evidence that tended to show the accuracy and reliability of Theranos technology does not diminish the evidence the jury heard of other misrepresentations Ms. Holmes made to investors,” Davila ruled.

Davila noted in his ruling that Holmes’ conviction wasn’t just based on whether her products worked but also related to the company’s finances and her false claims to investors about what her product did.

Davila did say in his ruling that he didn’t believe Holmes was a flight risk, even though federal prosecutors revealed earlier this year that Holmes and her husband purchased one-way tickets to Mexico in January 2022 – the same month she was convicted. The tickets were canceled only after the defense counsel was notified.

“The government anticipates Defendant will note in reply that she did not in fact leave the country as scheduled,” prosecutors wrote, “but it is difficult to know with certainty what Defendant would have done had the government not intervened.”

Holmes’ husband, William “Billy” Evans, allegedly used his ticket and returned six weeks later from a different continent.

In that same document, prosecutors noted that Holmes “continues to show no remorse to her victims.”

CLICK HERE TO GET THE DAILY WIRE APP

Holmes was found guilty in January 2022 on four out of 11 charges of fraud relating to her blood-testing startup and was sentenced to 11 years in prison.

Judge Davila has previously recommended Holmes serve her sentence at Federal Prison Camp in Bryan, Texas, a minimum-security federal prison. Criminal defense attorney Alan Ellis told Bloomberg in November 2022 that Holmes would have “no walls, no bars, no fences” at that particular prison, calling the facility “heaven.”

“No one wants to get … kicked out because compared to other places in the prison system, this place is heaven,” Ellis said. “If you have to go, it’s a good place to go.”

Holmes is expected to report to the prison on April 27.

FRANKLIN, TENNESSEE — Well over 100 Tennessee residents flooded the city of Franklin late Tuesday afternoon ahead of a city board meeting over approval of a gay Pride festival.

In a vote of 5-4, the Franklin city board voted to allow a Pride festival to proceed after a marathon board meeting that lasted nearly five hours. The board was split with a vote of 4-4, but Franklin Mayor Ken Moore cast the deciding vote even after acknowledging that the event last year was not family friendly. His decision was met with cheers from outside the board room.

For the past two years, Franklin, a city just south of Nashville, has hosted a Pride festival, which residents and city board members say has exposed children to inappropriate drag performances and other indecencies. One drag queen present at the 2022 festival went by the name “Blair Bitch.”

Dozens of people crammed into a small hearing room with a good number of individuals wearing stickers that read “protect all children,” while others wore rainbow-themed shirts. At the meeting, which lasted well over four hours, with two hours of public comment, the board reached its decision to approve.

With over 100 public commenters, roughly 65% were from people opposed to granting the permit to Franklin Pride for the festival.

Many commenters voiced their opposition to have children present at an event celebrating sexuality. One commenter asked if the board wanted “sex on display” while another woman who said she was with the group “Gays against Groomers” noted that pride events were “sexualized” by nature.

The Daily Wire

CLICK HERE TO GET THE DAILYWIRE+ APP

One student from Spring Hill, who said that she identified as transgender, claimed that trans-identifying people were being “hunted on a national level.”

“If you think they are not sexualizing children you would be incorrect,” said Jay Frier, a local resident who has organized opposition to the festival, during public comment on the festival. After the decision, Frier told The Daily Wire that the board had “capitulated to fear.”

In an interview before the event, he said that it was time to stand up to the Left-wing agenda that was trying to introduce children to radical gender ideology. “At some point, this agenda is just not tolerant itself. If you don’t believe the way they do, they are going to crush you. We won’t be crushed.”

Frier organized a petition with over 2,300 signatures to ask the city board to reject the permit application and wrote a letter to the board asking them to protect Tennessee children.

One local who has lived in Franklin since the 1990s said he attended the meeting to see how things played out. He said he wished that people who moved from blue states would leave their politics behind.

The controversy has been brewing since Franklin Pride began efforts to receive a permit to host a Pride festival this year, after last year’s show featured a drag performer named “Blair Bitch.” Alderman Beverly Burger told The Daily Wire in a phone interview that there had been “very explicit sexual movements” at the festival in the past, which took place at Harlinsdale Farm, a public park in Franklin.

“If it was so family friendly, why are we here tonight,” Burger asked during debate on the festival at the meeting, saying that it was dishonest to present the previous year’s festival as “family friendly.”

The Daily Wire

She added that the vote was about a meeting on a public property, not at a private location.

Another alderman, Gabrielle Hanson, said that she had offered the organizers of the festival help in finding a private location for the invent, but her efforts had been rejected.

Another alderman, Matt Brown, claimed the city of Franklin would be sued and the group would be able to host its festival one way or another. He also cited Matthew 22:21, claiming that the law stipulated that the permit should be allowed.

Burger has introduced a resolution that was also under discussion, but the resolution has been deferred to work out the legal language.

Burger said she had received two threatening calls related to her position on the festival.

Burger told The Daily Wire in a phone interview on Tuesday that her vote against allowing the festival was based on previous behavior at the festival, saying that there needed to be consequences for bad actions. She said that the issue at the center of the controversy was not free speech, but public decency and behavior. “The Constitution does not give you freedom to behave in all types of manners, and we have community laws, community decency standards in our cities, our counties, our states, our country, and it’s about time we stood back up for those,” she said.

The vote comes after the Tennessee General Assembly voted this year to protect children from sexually explicit performances, a law that has been put on hold by a federal judge in Memphis.