Court filing
Second Motion to Withdraw as Attorney — Andrew C. Searle — United States v. Bowens (M.D. Fla., 2024-05-02)
Filed May 2, 2024 in United States v. Bowens; one of 57 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2024-05-02 |
U.S. District Court for the Middle District of Florida · No. 6:21-cr-00141-RBD-NWH · Doc. 109 · 2024-05-02 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
Case No. 6:21-cr-00141-RBD-EJK
)
EMMET BOWENS,
)
)
Defendant.
)
)
UNDERSIGNED COUNSEL’S RENEWED MOTION TO WITHDRAW
The undersigned counsel for the Defendant, Emmet Bowens (“Mr.
Bowens”), hereby moves to withdraw as counsel of record in this matter. In
support thereof, the undersigned states as follows:
STATEMENT OF FACTS
Relevant Procedural History
1.
On November 10, 2021, a federal grand jury in the Middle District of
Florida returned an indictment charging Mr. Bowens with two counts of wire
fraud, in violation of 18 U.S.C. § 1343 (Counts One and Two), and four counts of
money laundering, in violation of 18 U.S.C. § 1957 (Counts Three through Six).
Doc. 1.
Case 6:21-cr-00141-RBD-NWH Document 109 Filed 05/02/24 Page 1 of 7 PageID 303
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2.
On December 2, 2021, in Atlanta, Georgia, Mr. Bowens was detained
and eventually arrested in connection with a warrant issued in this case. Docs. 7,
9.
3.
On the same date of his arrest, December 2, 2021, Mr. Bowens had a
Rule 5(c)(3) initial appearance before a U.S. Magistrate Judge in the Northern
District of Georgia. Doc. 7. At this hearing, the Magistrate Judge set conditions
of release for Mr. Bowens. Id. at 4, 7.
4.
On December 16, 2021, Mr. Bowens appeared in the Middle District
of Florida, where this Court held an in-district initial appearance. Doc. 10. At this
hearing, the Court appointed the Federal Public Defender to represent Mr.
Bowens. Doc. 13.
5.
On February 22, 2022, the Court granted the Federal Public
Defender’s motion to withdraw and appointed the undersigned to represent Mr.
Bowens pursuant to the CJA. Docs. 30, 34, 35.
6.
Following his appointment, the undersigned made substantial efforts
to diligently represent Mr. Bowens, including reviewing the government’s
voluminous discovery production, drafting a lengthy legal memorandum for Mr.
Bowens’s review, and drafting three substantive pretrial motions, which were
filed on May 5, 2022. Docs. 44, 45, 46. The pretrial motions were: (1) a motion to
suppress statements taken from the defendant by law enforcement (Doc. 44); (2) a
Case 6:21-cr-00141-RBD-NWH Document 109 Filed 05/02/24 Page 2 of 7 PageID 304
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motion to suppress identifications of the defendant (Doc. 45); and (3) a motion to
dismiss one of the counts in the indictment due to improper venue (Doc. 46). The
research and drafting of these motions took considerable time and effort.
7.
Eventually, the undersigned developed a concern that Mr. Bowens
was not competent to proceed in this case. On May 6, 2022, the undersigned filed
a motion for a competency evaluation by a court-appointed expert. Doc. 47.
8.
At a hearing on July 13, 2022, the Court found Mr. Bowens not
competent to proceed based on a prior psychological evaluation performed by
Jeffrey A. Danziger, M.D., a court-appointed psychiatrist. Docs. 75, 78.
9.
The Court’s Order finding Mr. Bowen’s incompetent to proceed
required that he report to a designated facility on a date set forth by the Bureau of
Prisons (“BOP”) for competency restoration treatment. Doc. 78. The BOP
specifically designated the Federal Medical Center in Butner, North Carolina
(“FMC Butner”) as the facility for Mr. Bowens’s competency restoration treatment.
Mr. Bowens was also given a voluntary report date of March 21, 2023 by the BOP.
10.
Despite the undersigned’s diligence, on March 8, 2023, Mr. Bowens
discharged the undersigned and instructed the undersigned to file a motion to
withdraw. On this same date, March 8, 2023, the undersigned filed a motion to
withdraw. Doc. 95.
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11.
On March 9, 2023, the Court denied the motion to withdraw without
prejudice but stated that the undersigned could renew the motion following Mr.
Bowens’s competency restoration treatment, if Mr. Bowens still desired new
counsel. Doc. 98.
12.
After the denial of the motion to withdraw, Mr. Bowens failed to
report to FMC Butner for his restoration treatment, as required by the Court. See
Doc. 103. Therefore, Mr. Bowens’s competency restoration treatment has not
commenced. Id. After Mr. Bowens failed to appear at FMC Butner, the Court
issued a warrant for his arrest. Id. The government also considers Mr. Bowen a
fugitive from justice.
13.
It has been over a year since Mr. Bowens failed to appear at FMC
Butner.
14.
As noted above, Mr. Bowens discharged the undersigned before the
defendant became a fugitive. It was only due to Mr. Bowens’s competency status
that the Court denied the undersigned’s first motion to withdraw as Mr. Bowens’s
attorney. As of this filing, there is no indication as to when Mr. Bowens will be
located, much less when his competency can be addressed and restored. Based
on the foregoing, the undersigned requests withdrawal at this time. If and when
Mr. Bowens is located, he can request the appointment of new counsel if he wishes
to have counsel represent him in this matter.
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15.
On May 1, 2024, the undersigned counsel conferred with the assigned
Assistant United States Attorney, who informed the undersigned that the
government does not object to the instant motion.
MEMORANDUM OF LAW
The Florida Rules of Professional Conduct require an attorney to withdraw
from the representation of a client if “the lawyer is discharged.” See Rule 4-
1.16(a)(3) of the Rules Regulating the Florida Bar. Moreover, the Rules provide
that an attorney may withdraw from representing a client if, inter alia, “the client
insists upon taking action that the lawyer considers . . . imprudent, or with which
the lawyer has fundamental disagreement;” or “other good cause for withdrawal
exists.” See Rule 4-1.16(b)(2) and (5) of the Rules Regulating the Florida Bar.
The Middle District of Florida Local Rules provide, in relevant part:
If a lawyer appears, the lawyer cannot without leave of court abandon, or
withdraw from, the action.
(1) To withdraw, a lawyer:
(A) must notify each affected client fourteen days before
moving to withdraw unless the client consents to withdrawal, and
(B) must file a motion to withdraw that includes:
(i) a certification that the lawyer has provided fourteen days’
notice to the client or that the client consents to withdrawal . .
See Rule 2.02(c), M.D. Fla. Local Rules (emphasis added).
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Here, the undersigned cannot provide a fourteen-day notice to Mr. Bowens
because his whereabouts are unknown. Further, as noted above, Mr. Bowens
previously consented to the undersigned’s withdrawal when he instructed the
undersigned to file the first motion to withdraw.
CONCLUSION
WHEREFORE, the undersigned counsel, Andrew C. Searle, Esq.,
respectfully requests that this Court grant the undersigned leave to withdraw as
counsel for defendant Emmet Bowens.
Respectfully submitted on this 2nd day of May, 2024.
s/Andrew C. Searle
ANDREW C. SEARLE, ESQ.
Florida Bar No. 0116461
SEARLE LAW P.A.
200 East Robinson Street, Suite 1150
Orlando, Florida 32801
Telephone: 407-952-0642
Email: andrew@searle-law.com
Attorney for Emmet Bowens
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY on May 2, 2024, I filed a copy of the foregoing with the
Clerk of the Court via the CM/ECF system. I further certify that all parties to this
case are equipped to receive service of documents via that system.
s/Andrew C. Searle
ANDREW C. SEARLE, ESQ.
Florida Bar No. 0116461
SEARLE LAW P.A.
200 East Robinson Street, Suite 1150
Orlando, Florida 32801
Telephone: 407-952-0642
Email: andrew@searle-law.com
Attorney for Emmet Bowens
Case 6:21-cr-00141-RBD-NWH Document 109 Filed 05/02/24 Page 7 of 7 PageID 309File and source
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