Court filing
Transcript of Status Conference as to Evan Edwards, Joshua Edwards — USA v. Edwards et al. (Dkt. 29, M.D. Fla.)
Filed December 23, 2022 in USA v. Edwards et al.; one of 112 filings from this case.
Record facts
| Court | U.S. District Court for the Middle District of Florida |
|---|---|
| Filed | 2022-12-23 |
U.S. District Court for the Middle District of Florida · No. 6:22-cr-00201-AGM-LHP · Doc. 29 · 2022-12-23 · Docket on CourtListener
Full text
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United States District Court
Middle District of Florida
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No.: 6:22-cr-00201-WWB-LHP
UNITED STATES OF AMERICA,
Plaintiff,
Orlando, Florida
December 21, 2022
v.
1:24 p.m. - 1:36 p.m.
EVAN EDWARDS
and
JOSHUA EDWARDS,
Defendants.
______________________________/
TRANSCRIPT OF STATUS CONFERENCE
BEFORE THE HONORABLE DAVID A. BAKER
UNITED STATES MAGISTRATE JUDGE
APPEARANCES:
Counsel for the Government:
Kara Wick
United States Attorney's Office
400 West Washington Street, Suite 3100
Orlando, Florida 32801
Counsel for Defendant Evan Edwards:
A. Brian Phillips
A. Brian Phillips, PA
912 Highland Avenue
Orlando, Florida 32803
Counsel for Defendant Joshua Edwards:
Charles E. Taylor, Jr.
Law Office of Charles E. Taylor, Jr., PA
37 North Orange Avenue, Suite 500
Orlando, Florida 32801
Transcriptionist:
Nikki L. Peters, RMR, CRR, CRC
Federal Official Court Reporter
courttranscripts@outlook.com
Proceedings recorded by FTR Gold Digital Recording.
Transcript produced by Computer-Aided Transcription.
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 1 of 10 PageID 76
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Middle District of Florida
P R O C E E D I N G S
(Court called to order.)
THE COURTROOM DEPUTY: Case No. 22-cr-201, United
States of America v. Evan Edwards and Joshua Edwards.
Counsel, please make your appearance for the record.
MS. WICK: Good afternoon, Your Honor. Kara Wick on
behalf of the United States.
MR. PHILLIPS: Good afternoon, Your Honor. Brian
Phillips on behalf of Edwin Edwards -- Evan Edwards. My
apologies.
MR. TAYLOR: Good morning, Your Honor. Charles
(audio gap).
THE COURT: All right. I set this hearing because of
the difficulties the defendants were having in our attempted
initial appearance. I wanted to get reports from everyone who
can report as to where things stand and what needs to be done
next.
Ms. Wick, anything you can report from the U.S.
Attorney's perspective?
MS. WICK: My information is coming from the United
States Marshal Service. From what I've heard, Mr. Evan Edwards
is still in the hospital. I don't have any information as to
what his diagnosis is. I'm not privy to that information. But
I understand as of this afternoon he was still in there.
At one point yesterday, I believe that we thought he
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 2 of 10 PageID 77
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Middle District of Florida
was going to be released, but he has not. He's still in the
hospital.
I don't believe there's been any release of -- of
medical records signed. So, as I said, I don't have any
medical information to give to the Court.
THE COURT: Mr. Phillips, have you had an opportunity
to speak to Mr. Edwards?
MR. PHILLIPS: I have not yet, Your Honor. And I can
shed some light on the Government's recitation of events, as I
have a somewhat more granular -- I won't say command but
understanding of them.
As the Court is aware, I was appointed yesterday as
Criminal Justice Act counsel, replacing a person from the
public defender's office. Since that time, I have spoken to
the office of the United States Attorney, Ms. Wick. I've
spoken to the marshal service and to members of the family.
What I was able to discern yesterday is that the defendant was
still hospitalized at some point in the afternoon, I believe,
but I'm not mechanically certain, at ORMC.
I planned to go visit him at ORMC. And about the
time I was getting ready to leave my office, I was notified by
the marshal service that it was expected that -- via email --
that it was expected he would be released from the hospital and
processed to the Orange County jail. I inquired and said, "Do
we know approximately when that would be?" The response I got
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from the marshal service was, "Could be a couple of hours,
could be as late as midnight." Based on that, I decided to go
see him this morning at the Orange County jail.
I came to work, and, as I was getting ready to leave
the office to go to the Orange County jail this morning, I
received an email from the marshal service indicating that, in
fact, Mr. Evans had -- Edwards had not been released from the
hospital, he was not at the Orange County jail, but that it was
likely he would be available here at the courthouse in the
marshal's cell block so I could meet with him before today's
hearing.
I arrived here at about 11:00 o'clock, Your Honor.
And by about 11:45, after speaking with the marshal service
personnel, I was informed that he had not been retrieved, was
not in the marshals' cell block, was still at the hospital,
that the marshal service had received some -- I'm trying to be
appropriate -- inappropriate pushback from the Orange County
jail personnel about even their -- the marshal service's --
access to the person -- to the defendant in the hospital.
However, I think during this call Penelope was able
to work out a way for the marshals to be able to access him and
potentially for me as well. It will require me going to the
Orange County jail, getting appropriate credentials, and then
be -- then, and only then, being told where he is and what room
he's in and be authorized to visit him at that stage.
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 4 of 10 PageID 79
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As of the commencement of our hearing, my
understanding is he's still in the -- whatever hospital he was
in and had not been transported to the building today.
That's the status of the matter from appointment
yesterday to the moment I stood up this afternoon.
THE COURT: All right. I take it that even as a
result of all of those efforts, you don't know his condition or
seriousness or likelihood of being able to respond to your
interviewing him?
MR. PHILLIPS: I do not, Your Honor. I did call the
person I understand to be his treating physician. They are --
it's a hospitalist for ORMC. I got their voicemail message. I
indicated who I was and what I wanted to hear back from them
about. And I have not, before the hearing today, been informed
anything either way from them.
I think the next step is I may have to see if I can
secure, in some fashion, a HIPAA waiver. There may be a power
of attorney -- vesting power of attorney in someone else other
than the defendant, which would let me get a HIPAA waiver, get
it in place, and hopefully get some compliance.
This afternoon -- I'm sorry. Yesterday, Your Honor,
I was supplied a couple of pages of medical records from this
defendant's summertime stay in the hospital. I've only seen
parts of the medical records. The family has supplied me --
call it 2 inches of additional medical records this afternoon,
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which I believe all relate to the summertime, the
earlier-this-year admission and later discharge of this
defendant for medical care.
THE COURT: Well, let me state, for the benefit of
all concerned and the record, I want to get the defendant in
court to be seen for his initial appearance as soon as it's
safe and he's able to do so but not sooner. You know, we've
got to take care of his health. If -- if we can't get some
clarity on this or -- well, we'll get some more clarity. But
at some point, if he's not able to come to the courthouse or
requires additional treatment at the hospital or at the --
temporarily at the lockup, pending proceedings, we'll need to
have a formal appearance, whether that's by Zoom or at the
hospital or at the jail.
We've done those things. We don't care to do them.
The marshals don't like us doing them that way, but we've done
them.
So I look to you, having appointed you provisionally,
to let me know when that is. Of course, the marshals will be
giving us information, as well, as best they can. But the --
to the extent the defendant is refusing to cooperate -- and I
don't know that that's true -- you know, it may present
difficulties for the -- all concerned, including for himself.
But we'll deal with that in due course.
MR. PHILLIPS: Your Honor, I was privy to half of a
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 6 of 10 PageID 81
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telephone conversation between Ms. Knox and people I believed
were at the -- were representatives of the Orange County jail.
And she did vet with them that, "Hey, we may have to do this
via video teleconference." So I know that dialogue has at
least begun from the marshals service perspective.
THE COURT: Well, they're -- they're pretty
experienced in things and tend to make things happen.
Although, they've got personnel issues of their own. And the
Orange County jail has issues, as well, particularly with
medically difficult inmates.
All right. Well, I'm going to, I think, reset this
for another status hearing on Tuesday. But if he's available
before then, let me know, and we'll schedule him when everybody
is available.
(Simultaneous, overlapping speakers.)
MR. PHILLIPS: -- email chambers or file a notice of
availability or something of that nature?
THE COURT: Well, that will depend a little bit on
what the -- what the status is. I would like you to keep
Ms. White informed. Of course, you'll be talking to the
marshals too. But if -- if it looks like we're ready to
proceed in some fashion, then, like I say, I'd like to do it as
soon as possible but not sooner.
MR. PHILLIPS: Understood. Your Honor, it was my
intention this afternoon -- it being roughly 1:30ish -- to
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 7 of 10 PageID 82
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endeavor to see this person today. That's my goal. And how --
how well or poorly the logistics go, I don't know that I can
predict. But we will do our best to get to see him today if
possible.
THE COURT: All right.
Okay. Now, with respect to the other defendant,
Mr. Taylor's client, has he met with Dr. Danziger yet?
MR. TAYLOR: Your Honor, I do not (audio gap).
THE COURT: Well, I'm sure of that too. He's -- he's
got a history of being very -- really quite prompt, but this is
the holiday season. He may have family plans and other things.
But we'll -- anyway, I sort of assumed that was the status.
And, again, I'd like to see him -- your client as soon as we
can but not sooner. But I think that will have to await
Dr. Danziger's report. But no indication of any distress from
your client or something that requires Court action?
(Audio gap.)
THE COURT: Well, I don't think I can arraign him
while there's still a question of his competency. The other
issue is a little more nebulous. He was -- at the first
appearance -- first attempted appearance was so uncommunicative
with you and with the Court that I didn't think it was
productive. If you think it would be better with a second
go-round, either in person or by Zoom, we'll get him back here
tomorrow or Friday.
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Case 6:22-cr-00201-AGM-LHP Document 29 Filed 12/23/22 Page 8 of 10 PageID 83
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(Audio gap.)
THE COURT: But it can also wait, I think, under the
circumstances.
MR. TAYLOR: Your Honor (audio gap).
THE COURT: That was -- I won't say it's the first
time it's happened, but it's an unusual appearance.
All right. I'd ask the clerk to go ahead and set
this for -- I guess I'm going to be here Tuesday, for sure,
right? Let's set it sometime Tuesday.
THE COURTROOM DEPUTY: 1:30? (Inaudible.)
THE COURT: Okay. 1:30 then. We'll do that. And if
there's something to be done tomorrow or Friday, we'll do that.
If not, we'll see you on Tuesday or hear from you sooner.
THE COURTROOM DEPUTY: (Inaudible.)
THE COURT: Well, if Evan Edwards is available, we'll
go ahead and have his initial appearance. If he's not, then
we'll just have another status report and see where we are.
And we might even cancel it if we've got the status
information. You know, I don't want to have hearings just to
have hearings. Always happy to see these attorneys.
But so we'll be a little bit loosey-goosey on it, but
I want to keep my eye on things. And I'll be alerting
Judge Kidd, as well, who will have duty for -- if -- if it
drags out beyond Tuesday. I mean, he's got it Tuesday, too,
but I'll keep -- but I may not be here after Tuesday for next
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week.
All right. Anything else from the Government?
MS. WICK: No, Your Honor. Thank you.
THE COURT: All right. We're in recess.
(Proceedings adjourned at 1:36 p.m.)
C E R T I F I C A T E
I certify that the foregoing is a correct transcript
from the recording of proceedings in the above-entitled matter.
December 23, 2022
s\ Nikki L. Peters
Nikki L. Peters, RMR, CRR, CRC
Federal Official Court Reporter
United States District Court
Middle District of Florida
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