First Motion to Withdraw as Attorney — Roger L. Weeden — United States v. Bowens (M.D. Fla.)

Record facts

U.S. District Court for the Middle District of Florida · No. 6:21-cr-00141-RBD-NWH · Doc. 160 · 2025-10-28 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
                                                                
UNITED STATES OF AMERICA,  
          Plaintiff,  
 
v.  
                                                                                           CASE NO.: 6:21-cr-00141-RBD-NWH  
EMMET BOWENS 
        Defendant. 
 __________________________________/  
_______________________/ 
 
COUNSEL’S MOTION TO WITHDRAW 
 
The undersigned counsel for the Defendant, Emmet Bowens (“Mr. Bowens”), 
hereby moves to withdraw from representation of the Defendant in this cause.  In 
support thereof, Counsel would show: 
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. 
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. 
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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.  Two months after their appointment, the Federal Public Defender,  citing Mr. 
Bowens request for their discharge and “underlying confidential facts” filed a 
Motion to Withdraw. Doc 34 
6. On February 22, 2022, the Court granted the Federal Defender’s Motion  and 
appointed CJA Counsel, Andrew Searle. Doc 34; Doc 35 
7. Mr. Searle diligently represented Mr. Bowens for approximately one year and filed 
numerous motions on his behalf, but eventually was also  instructed by Mr. Bowens 
to withdraw. Citing underlying “confidential facts” and ethical considerations, on 
March 8, 2023, Mr. Searle filed a Motion to Withdraw. Doc 95.  Because Mr. Bowens 
was under an Order finding him incompetent, the Court did not rule at that time 
upon Mr. Searle’s Motion to Withdraw. Doc 78; Doc 98 
8. On December 26, 2024, the Court granted Mr. Searle’s Motion to Withdraw and 
appointed CJA attorney, Charles Taylor. Doc 115. 
9. On or about February 28, 2025, Mr. Bowens retained private counsel, Brian Shrader, 
who filed a Notice of Appearance on his behalf. Doc 119. 
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10.  On March 15, 2025, CJA attorney, Charles Taylor filed a Motion to Withdraw citing 
a “very hostile” meeting with Mr. Bowens with marked profanity and threats to 
report him for fraud to the Florida Bar. Doc 119.  
11.  On September 30, CJA attorney Charles Taylor renewed his Motion to Withdraw. 
Doc 144.  On the same day, Counsel Brian Shader citing irreconcilable differences, 
also filed a Motion to Withdraw, Doc 145 
12.  On October 2, 2025, the Court granted CJA counsel Charles Taylor and private 
counsel Brian Shrader’s Motions to Withdraw and appointed the undersigned 
counsel as CJA attorney for Mr. Bowens. Doc 148; Doc 149 and Doc 151. 
13.   That during his month long representation of Mr. Bowens, Counsel has appeared 
on his behalf at the hearing on the determination of his competency to proceed, 
reviewed the docket, reviewed all of the previously filed motions, reviewed all of 
the previously filed status reports,  reviewed the psychological reports provided on 
competency, reviewed the Pre-Trial Services reports, began the review of the 
voluminous     discovery and began preparation for the Bond Revocation Hearing  
presently scheduled for October 30, 2025. Further,  Counsel has also   visited and 
conferred with Mr. Bowens on three separate occasions in the Seminole County Jail. 
14.  On October 27th, 2025, Counsel met for the third time with Mr. Bowens in the 
Seminole County Jail to begin a review of discovery, a   review of Pre-Trial Services 
violation reports and to prepare for the pending bond revocation hearing. 
15.  During the October 27th meeting, Mr. Bowens entered the interview room with a 
hostile demeanor, refused to shake Counsel’s hand, refused to sit at the interview 
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table, immediately informed the undersigned Counsel that he was corrupt, a 
profanely labeled attorney and that the undersigned would not be representing him. 
16.  In response to Mr. Bowen’s questions about the validity of Pre-Trial Services 
Petition for revocation, Counsel attempted to share with Mr. Bowens documentation 
of the Endorsed Order directing the issuance of the warrant for his arrest. Mr. 
Bowens took the documentation of the Endorsed Order, immediately tore it up, 
went into an animated violent rage and began to aggressively tear up all of the file 
folders and documents Counsel had brought for his review.   Mr. Bowens violent 
rage and destruction of Counsel’s files only ended with the intervention and cuffing 
of Mr. Bowens by the Seminole County Corrections Officers. 
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. At the request of Mr. Bowens and upon 
careful consideration of the extraordinary facts underlying this  motion, the 
undersigned counsel believes that he is ethically required to file this motion seeking to 
withdraw from further representation of Mr. Bowens. The Middle District of Florida 
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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). 
Here, the fourteen-day notification period is not required as the undersigned certifies 
that Mr. Bowens consents to the undersigned’s withdrawal. Indeed, Mr. Bowens has 
instructed the undersigned that he will never represent him.   This motion to withdraw 
was promptly filed after the undersigned was informed by Mr. Bowens that the 
undersigned had been discharged.  
Further, given Mr. Bowens conduct in Counsel’s  presence the undersigned believes 
that he is personally and ethically bound to file the instant motion. The undersigned 
further believes that this withdrawal can be accomplished without material adverse 
effect on the interests of Mr. Bowens.  
 
CERTIFICATION OF CONFERRING WITH OPPOSING COUNSEL 
 
Pursuant to the Court’s Criminal Scheduling Order (Doc. 16), the undersigned 
certifies:  that counsel unsuccessfully attempted to confer with opposing counsel, 
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however because of the underlying facts and circumstances, Counsel believes in good 
faith that a prompt filing is imperative. 
 
 
CONCLUSION 
 
WHEREFORE, the undersigned counsel, Roger L. Weeden, Esq.,  respectfully 
requests that this Court grant the undersigned leave to withdraw as counsel for Emmet 
Bowens and that a determination of future representation be made at a subsequent 
hearing. 
Respectfully submitted, this 28th day of October 2025. 
 
/s/ Roger Weeden 
 
 
 
 
 
 
Roger L. Weeden 
 
 
 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that undersigned electronically filed the foregoing with 
the Clerk of Court (CM/ECF) by using the CM/ECF system which will send a notice 
of electronic filing to all counsel this 28th  day of October 2025. 
 
/s/ Roger L Weeden     
 
 
 
      
                      
Attorney for Defendant 
 
            
 
 
 
Roger L. Weeden 
 
 
 
 
          Florida Bar No. 290106 
 
 
 
 
          200 East Robinson Street, Suite 1150 
 
 
 
 
          Orlando, FL 32801 
 
 
                                 Telephone: 407-894-9004 
 
 
 
 
 
E-Mail: rlweeden@aol.com 
 
 
 
Case 6:21-cr-00141-RBD-NWH     Document 160     Filed 10/28/25     Page 6 of 6 PageID 446

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