Order — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

Summary

Order in United States v. Evan Edwards, Case No: 6:22-cr-201-WWB-LHP, in the United States District Court for the Middle District of Florida, Orlando Division, dated December 28, 2022 (Doc. 45). The order recounts that Evan Edwards was arrested on December 14, 2022, and has remained hospitalized, and that defense counsel had not received current medical records when the initial appearance was continued to December 28, 2022. Citing the parties' Joint Motion for Order Directing the Release of Defendant's Medical Records and the exceptions in 45 C.F.R. § 164.512, it orders Orlando Regional Medical Center to release the records to A. Brian Phillips and the U.S. Attorney's Office on or before December 30, 2022. It directs the parties to serve the order on that provider by December 29, 2022.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

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.


                                           2
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.




                                          3


File and source

File

gov.uscourts.flmd.408844.45.0.pdf

Size

102,890 bytes

SHA-256

4d397505bec2e060ff3f4f81bad9acc94d46215d7afc51e6695d2508fcdf5a71

Our copy

gov.uscourts.flmd.408844.45.0.pdf

Original

PACER (login required)