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

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Case 6:22-cr-00201-WWB-LHP Document 50 Filed 01/06/23 Page 1 of 2 PageID 172




                       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

         At a status conference on January 4, 2023, the undersigned determined that

   there was reasonable cause to believe that Defendant Evan Edwards “may presently

   be suffering from a mental disease or defect rendering him mentally incompetent to

   the extent that he is unable to understand the nature and consequences of the

   proceedings against him or to assist properly in his defense.” 18 U.S.C. § 4241(a);

   (Doc. 48). Accordingly, I ordered the parties to propose, jointly or separately, the

   names of potential psychiatrists to evaluate the Defendant.

         On January 6, 2023, the parties filed their Joint Notice Regarding Proposed

   Competency Evaluators (Doc. 49) for Defendant Evan Edwards. Therein, the

   United States proposes that Dr. Ryan C.W. Hall, M.D., DFAPA, conduct the

   competency evaluation. (Id. ¶ 1.) Defendant’s counsel proposes that Dr. Jeffrey

   Danziger, M.D., conduct the competency evaluation. (Id. ¶ 2.) The United States

   objects to the appointment of Dr. Danziger on the basis that he is conducting the

   competency evaluation of Defendant’s co-defendant in this case. (Id. ¶ 3.)

   Defendant’s counsel, on the other hand, asserts that Dr. Danziger’s assessment of
Case 6:22-cr-00201-WWB-LHP Document 50 Filed 01/06/23 Page 2 of 2 PageID 173




   the co-defendant “will give him a greater clinical advantage in assessing”

   Defendant’s competency. (Id. ¶ 4.) Upon consideration, the undersigned agrees

   with the United States that potential conflict-of-interest concerns warrant the

   appointment of separate evaluators.

         Accordingly, it is ORDERED that Dr. Ryan C.W. Hall, M.D., DFAPA

   (“Dr. Hall”), is appointed to examine Defendant Evan Edwards and to render an

   opinion regarding his competency to proceed to trial. The U.S. Department of

   Justice shall pay for Dr. Hall’s services, including his fees and costs related to

   conducting the examination, preparing the report, and appearing in court, if

   necessary. Dr. Hall is DIRECTED to prepare the report, containing the information

   required by 18 U.S.C. § 4247(c), and provide a copy of said report to the Court and

   counsel for the parties. The report must be submitted to the Court on or before

   January 17, 2023. On or before January 19, 2023, counsel for the parties shall file

   separate notices indicating whether a competency hearing, or some other related

   proceeding, should be scheduled.

         DONE and ORDERED in Orlando, Florida on January 6, 2023.




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