Court filing
Joint Status Report Regarding Medical Condition and Release Status — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards
No. 6:22-cr-00201-AGM-LHP · Doc. 65 · Docket on CourtListener
Full text
Case 6:22-cr-00201-AGM-LHP Document 65 Filed 02/02/23 Page 1 of 4 PageID 288
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
UNITED STATES OF AMERICA
v. CASE NO. 6:22-cr-00201-WWB-LHP
EVAN EDWARDS
JOINT STATUS REPORT REGARDING MEDICAL CONDITION AND
RELEASE STATUS
COME NOW the United States of America by Roger B. Handberg, United
States Attorney for the Middle District of Florida, and A. Brian Phillips, counsel for
defendant, Evan Edwards, and in accordance with this Court’s directive (Doc. 60),
hereby file this joint status report and state:
1. On January 26, 2023, the Court directed the parties to file a joint status
report regarding the Defendant’s medical condition and release status.
2. In accordance with that directive, the undersigned AUSA has been in
contact with the USMS, a representative from the Orange County Jail, and a
representative from the Orlando Regional Medical Center (the “Provider”) to obtain
and confirm the information set forth below.
I. The Defendant’s Medical Condition
Attached as Sealed Exhibit A is a Progress Note from the Provider, which
summarizes the Defendant’s medical condition. Additionally, according to the Health
Services Administrator with the Orange County Jail, who has access to the
Defendant’s medical chart and has been in contact with the Provider, the Defendant
Case 6:22-cr-00201-AGM-LHP Document 65 Filed 02/02/23 Page 2 of 4 PageID 289
requires 24-hour daily care due to the complexity of his medical issues and would
require the same level of continued care upon his release from the Provider.
II. The Defendant’s Release Status
The medical records indicate that the Defendant has been cleared for
discharge from the hospital since December 20, 2022. However, due to the
complexity of the Defendant’s medical issues, the USMS, despite its diligent efforts,
has been unable to find a local facility that will agree to house the Defendant.
Specifically, the following facilities have refused to house the Defendant due to the
level of ongoing care that the Defendant requires: Orange County Correctional
Facility, John E. Polk Correctional Facility, Marion County Jail, Sumter County Jail,
Citrus County Detention Facility, Hernando County Detention Center, and Pinellas
County Jail. All of these facilities have indicated an inability to provide the level of
care required by the Defendant.
Additionally, the undersigned AUSA spoke directly to the Health Services
Administrator with the Orange County Jail, who explained that the Defendant is
currently bedbound and would require total daily care (intervention at least every hour
or two hours; and assistance with daily living tasks, including a feeding tube, among
other things). According to that Administrator, OCJ is unable to safely provide that
level of complex care twenty-four hours a day.
While no local facility has agreed to house the Defendant, USMS received
notice that the Defendant has been accepted into the “Just Care” program, a program
for inmates with complex medical issues. As part of that program, the Defendant has
2
Case 6:22-cr-00201-AGM-LHP Document 65 Filed 02/02/23 Page 3 of 4 PageID 290
been designated to Columbia Regional Care Center in Columbia, South Carolina.
The Defendant has not yet been scheduled for transport.
III. Position of the Defense
The existence of and admission to the Just Care program was disclosed to
the defense this afternoon. Consequently, the defense has not had the opportunity to
assess the suitability of the program. The foregoing notwithstanding, according to
Defendant’s family, the family has been trained to care for him at home as a result of
his medical conditions which came to light last summer. Further, the necessity for a
feeding tube has not been confirmed by the defense. It is of note that the family’s
training includes handling his activities of daily living, including his feeding, bathroom
needs, and personal cleanliness. As may be gleaned from the prior submission by the
defense, the defense’s position is that his release to his family’s care is the better choice
than moving the defendant more than 430 miles from Orlando. The defense would
note that the logistical challenges presented by such a move are patent.
3
Case 6:22-cr-00201-AGM-LHP Document 65 Filed 02/02/23 Page 4 of 4 PageID 291
IV. Position of the Government
Based on information in the medical records and the Competency
Evaluation Report prepared by Dr. Hall, the Government’s position is that release to
the Defendant’s family is inappropriate.
WHEREFORE, the parties comply with this Court’s directive and submit the
instant Joint Status Report.
Respectfully submitted,
ROGER B. HANDBERG
United States Attorney
By: /s/ Kara M. Wick
Kara M. Wick
Assistant United States Attorney
Florida Bar No. 0085578
400 W. Washington Street, Suite 3100
Orlando, Florida 32801
Telephone: (407) 648-7500
Facsimile: (407) 648-7643
E-mail: Kara.Wick@usdoj.gov
s/A. Brian Phillips
A. BRIAN PHILLIPS, ESQ.
Fla. Bar No. 0067113
A. BRIAN PHILLIPS, P.A.
912 Highland Avenue
Orlando, Florida 32803
Telephone: (407) 872-0777
Telecopier: (407) 872-0704
Email:Brian.Phillips@Phillips-Law-
Firm.com
Counsel for Defendant Evan Edwards
4
File and source
- File
- gov.uscourts.flmd.408844.65.0.pdf
- Size
- 177,555 bytes
- SHA-256
- 3a638a8d2295ebbc897de4e285e28075af9bce6ce1af8b5c41b7dd89efe54b50
- Original
- PACER (login required)