Court filing
Order — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards
No. 6:22-cr-00201-WWB-LHP · Doc. 45 · Docket on CourtListener
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Case 6:22-cr-00201-WWB-LHP Document 45 Filed 12/28/22 Page 1 of 3 PageID 107
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
VS. CASE NO: 6:22-cr-201-WWB-LHP
EVAN EDWARDS
ORDER
Defendant Evan Edwards was initially arrested for the crime charged in the
Indictment (Doc. 1) on December 14, 2022 (Doc. 9). However, Mr. Edwards was
unable to have an initial appearance to due medical issues that required the U.S.
Marshals Service to transport him to the Orlando Regional Medical Center
(“ORMC”). (Doc. 21.) Mr. Edwards has remained hospitalized since that time.
On December 27, 2022, the undersigned conducted a hearing whereby Mr.
Edwards and his court-appointed counsel appeared by videoconference. (Doc. 33.)
During that hearing, Mr. Edwards could provide only non-verbal responses to the
Court’s questions, and his attorney informed that Court that his prior conversations
with Mr. Edwards involved similar responses. However, defense counsel could not
ascertain whether Mr. Edwards’s difficulties with communication stemmed from the
reasons underlying his current hospitalization, were the result of mental competency
issues, or both. At that point, defense counsel had not received any of Mr. Edwards’s
medical records, so the initial appearance was continued to December 28, 2022.
Case 6:22-cr-00201-WWB-LHP Document 45 Filed 12/28/22 Page 2 of 3 PageID 108
At the continuation of the initial appearance on December 28, 2022, which
was once again conducted by videoconference, defense counsel informed the Court
that, based on medical records provided by Mr. Edwards’s family members, he
believed that Mr. Edwards’s current hospitalization might be related to an earlier
hospitalization that occurred over the summer. However, defense counsel still did
not have access to Mr. Edwards’s current medical records due to restrictions placed
on ORMC by the Health Insurance Portability and Accountability Act of 1996
(“HIPAA”) and the defendant’s inability or unwillingness to sign a waiver.
Prior to the start of the December 28, 2022, hearing, the parties filed a Joint
Motion for Order Directing the Release of Defendant’s Medical Records. In light of
the procedural history set forth above, the need for the parties and the Court to
ascertain Mr. Edwards’s current medical condition to advance this criminal case, and
the exceptions to HIPAA’s privacy restrictions set forth in 45 C.F.R. § 164.512 (see
Doc. 41 at 3–4), it is hereby ORDERED as follows:
On or before December 30, 2022, and continuing thereafter, Orlando
Regional Medical Center (the “Medical Provider”) must release to A. Brian Phillips
and the U.S. Attorney’s Office, through Assistant United States Attorney Kara
Wick, any and all medical records, reports, results of examinations or tests, doctor’s
notes, record of prescription medications and other documents related to patient
Evan Edwards a/k/a Ian Heringa (DOB XX/XX/1958) from December 14, 2022
(the date of admission to the Medical Provider) through the date of his release from
the Medical Provider.
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Case 6:22-cr-00201-WWB-LHP Document 45 Filed 12/28/22 Page 3 of 3 PageID 109
The parties are DIRECTED to serve a copy of this Order on ORMC no later
than December 29, 2022. The parties are further DIRECTED to file, under seal, a
joint status report as to Mr. Edwards’s medical condition on or before January 3,
2022.
DONE and ORDERED in Orlando, Florida on this 28th day of December,
2022.
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