Elizabeth Holmes gives birth as Theranos fraud trial approaches

Theranos founder Elizabeth Holmes, whose pregnancy delayed the start of her next fraud trial, has given birth to a baby.

Records filed with the San Mateo County Recorder’s Office, obtained by CNBC on Thursday, reveal that Holmes and his partner, Billy Evans, had a baby on July 10 at Sequoia Hospital in Redwood City, Calif.

One of Holmes’ attorneys, Amy Saharia, declined to comment on the news.

The trial was originally scheduled to begin in July, but was postponed to August 31 due to her pregnancy. Holmes faces nine counts of wire fraud and two counts of conspiracy to commit wire fraud. Prosecutors allege Holmes deceived investors, patients and doctors about his company’s blood testing technology. She pleaded not guilty.

The news of Holmes’ pregnancy raised questions about how it would affect her trial.

“Being a new mother can only help gain her sympathy from jurors,” NBC News legal analyst Danny Cevallos said. “If she is found guilty, even though her sentencing guidelines call for incarceration, her lawyers will put her motherhood first before the judge.”

In an interview with CNBC last month, John Carreyrou, the former Wall Street Journal reporter who broke the Theranos scandal, said he had spoken to people connected with the case and that some “believe she was planning her pregnancy in order to show up during the trial to gain the sympathies of the jury.

“If Elizabeth is convicted and the case goes to the judge for sentencing, if he sends her to jail for a long time, he would deprive the child of his mother for many years,” Carreyrou said. “And that’s a big decision to make.”

This is not the only news for the Holmes family. His brother Christian, who also worked at Theranos, and his wife are expecting a child in September, according to the couple’s online registry.