New court documents reveal that convicted Theranos fraudster Elizabeth Holmes now has two young children, and also, maybe she and Billy Evans aren't legally married after all?

The second child that Holmes conceived last year with romantic partner Billy Evans — quite possibly but not definitively just to court judicial sympathy in her pending sentencing on federal fraud charges — appears to have come into the world in the last month or two. This is according to documents filed by her lawyers in an ongoing effort to get the start of her 11-year prison sentence delayed.

As the Mercury News reports, we don't have a birth date, but given that Holmes was very visibly pregnant at her November 18 sentencing, one can assume the delivery happened in December or January sometime.

Holmes, who turned 39 earlier this month, pumped out two kids in quick succession, beginning with a son who was born in July 2021 — and that first pregnancy and due date were used to delay Holmes's trial, which began in late 2021 and concluded with her conviction in early January 2022.

This second child is being used by her lawyers as part of an argument for delaying the start of her prison term — and the judge in the case, U.S. District Judge Edward Davila, didn't seem to consider Holmes's recent motherhood in handing down her sentence, but he did delay the start of her prison term to April 27, likely to accommodate the due date and a couple of months of nursing. She had faced a potential 20-year sentence.

Holmes's attorneys are now vigorously trying to counter federal prosecutors' accusations that Holmes is a flight risk, after prosecutors revealed in January that Holmes had bought a one-way ticket to Mexico for a trip shortly after her January 2022 conviction. Evans reportedly took the trip on his own, returning after four days through Tijuana, and he then flew by himself for a two-week stay in South Africa several weeks later.

The lawyers for Holmes say in their new filing that prosecutors "recklessly and incorrectly" accused Holmes of trying to flee from her predicament or go on the lam — but it seems that Holmes only canceled her trip when prosecutors called her out on it last January. The defense team further questions why prosecutors waited until December to call this out in court, if they'd known about it for 11 months.

The defense claims that Holmes and Evans booked tickets to Mexico to attend the wedding of close friends there, before the jury verdict, hoping for a better outcome at trial, and Holmes canceled her ticket after being convicted — she just hadn't gotten around to it until prosecutors brought it up on January 22, 2022. But why one-way tickets?

It all seems fishy, including the South African leg of the trip that Evans took alone — given that Evans was a new dad to a six-month-old at that point.

And the other curious thing in the filing, per the Mercury News, is that Evans identified himself for the first time in court papers as Holmes's fiancé — it's been widely reported, in People Magazine and elsewhere, that Holmes and Evans were married in 2019. But maybe that wasn't a legal marriage? That could certainly be the case given that Evans comes from a San Diego-based family of luxury hoteliers who might not want their fortune tied up with any restitution that Holmes will have to pay to investors who were defrauded.

Still, curious! Vanity Fair reported that Holmes and Evans had a "secret" wedding in June 2019. Evans was 27 at the time and Holmes was 35.

SFist had earlier reported on Holmes being spotted walking the couple's dog Balto in the Marina District in April 2019. Sometime later, they began renting a lavish compound in Woodside, where they were apparently known to frequent the restaurant Buck's — owned by West of Pecos/Woodhouse Fish Co. co-owner Tyler MacNiven, who contributed a letter of support for Holmes prior to her sentencing, noting that their dog was killed by a mountain lion sometime last year and this "crushed" Holmes.

While Holmes is still scheduled to start her sentence on April 27, her lawyers are hoping to have the sentence put off pending an appeal in her case.

Holmes's co-conspirator, former Theranos COO Ramesh "Sunny" Balwani, was sentenced in December to 13 years — two more than Holmes — for his role in the fraud.

Previously: Elizabeth Holmes Booked One-Way Ticket to Mexico After Conviction, Prosecutors Say

Top image: Elizabeth Holmes goes through a security checkpoint as she arrives at federal court on November 18, 2022 in San Jose, California. (Photo by Justin Sullivan/Getty Images)