Motion to Prohibit Transfer of Defendant Evan Edwards — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

Summary

A motion filed February 17, 2023 by counsel for defendant Evan Edwards in United States v. Evan Edwards, No. 6:22-cr-00201-AGM-LHP, in the U.S. District Court for the Middle District of Florida, Orlando Division, docketed as Doc. 77. It asks the court to prohibit the United States Marshal Service from transferring him to a care center in Columbia, South Carolina, of which the Marshals gave notice on February 14, 2023. The motion states that the facility is over 430 miles from Orlando and that the move would impair his Sixth Amendment access to counsel, limit visits, increase the time and expense of detention, competency and trial proceedings, and could worsen his medical issues. It reports the government's position that the move is appropriate if that is his designation. A footnote asks that he be returned to Orlando if already moved. The motion is six pages, signed by A. Brian Phillips.

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Case 6:22-cr-00201-AGM-LHP     Document 77     Filed 02/17/23   Page 1 of 6 PageID 318




                      UNITED STATES DISTRICT COURT
                    FOR THE MIDDLE DISTRICT OF FLORIDA
                             ORLANDO DIVISION

 UNITED STATES OF AMERICA,              )
                                        )
       Plaintiff,                       )
                                        )
       v.                               ) Case No. 6:22-cr-00201-WWB-LHP
                                        )
 EVAN EDWARDS,                          )
                                        )
       Defendant.                       )
                                        )

       MOTION TO PROHIBIT TRANSFER OF DEFENDANT EVANS
        EDWARDS BY THE UNITED STATES MARSHAL SERVICE

       COMES NOW, the Defendant, Evan Edwards, by and through the

 undersigned counsel, and respectfully moves the Court to prohibit the extraordinary

 transfer of the Defendant by the Office of the United States Marshall to a “care

 center” in Columbia, South Carolina, and in support thereof, states as follows:

       1.     The relief sought seeks to avoid the needless relocation of the

 Defendant pending further proceedings, including (potentially) a detention hearing,

 competency hearing, and trial, as such relocation will divest him of any meaningful

 Sixth Amendment right of access to counsel, divest him of reasonable access to

 visitors including his family, needlessly increase the time and expense of the above-

 referenced further proceedings, and impair the orderly progress of the case.

       2.     Although the relief is not sought on an emergency basis as the
                                          1
Case 6:22-cr-00201-AGM-LHP               Document 77          Filed 02/17/23        Page 2 of 6 PageID 319




 Defendant remains in Central Florida,1 the requested relief is of an (potentially)

 urgent nature as the Defendant is currently subject to transfer and the movement may

 occur at any time, without notice to the defense.

         3.       The detailed procedural and factual history of the case is set forth in the

 contemporaneously filed Memorandum on Sequence of Detention and Competence

 Determination by the defense. In sum, the Defendant has been held without bond

 since his arrest and has been housed at a local hospital, handcuffed wrist and ankle

 to the hospital bed, in the company of two (2) round-the-clock Corrections Officers.

         4.       During this time, the Office of the United States Marshall and the

 parties have shared with the Court the unique nature of the Defendant’s ongoing

 incarceration pending trial, as well as the efforts to find alternate “housing” for the

 Defendant. His medical conditions are problematic and, although he has been

 eligible for release from the hospital since December, 2022, he will require care

 outside of his hospital stay. This need for care appears to have exceeded the

 resources of any alternate local detention facility, but not the family of the

 Defendant.

         5.       On February 14, 2023, the Office of the United States Marshall

 provided notice to the parties that placement for the Defendant at a “Care Center” in

 Columbia, South Carolina, has been accepted, and the Marshall’s Service has

 1
  The undersigned was informed by personnel at the Orange County Jail at approximately 4:00 p.m. on February 17,
 2023, that the Defendant remains at a local hospital.

                                                        2
Case 6:22-cr-00201-AGM-LHP      Document 77      Filed 02/17/23   Page 3 of 6 PageID 320




 “requested movement” to said facility. Further, the parties were informed that on a

 minimum of only 72 hours’ “notice[,]” the Defendant is subject to being moved.

 There is no clarity as to who will be given “notice[.]” Given the proper reticence

 that comes with movement of a detainee, notice is unlikely to be provided to defense

 counsel.

       6.     Upon receipt of the foregoing, the undersigned contacted the Office of

 the United States Attorney seeking the position of the prosecution on this anticipated

 movement. The undersigned was informed on February 16, 2023 at 5:28 p.m. that

 the position of the United States is that “[i]f that is where [the Defendant] has been

 designated, then . . . it is appropriate for him to be moved there.” It is the view of

 the undersigned that this position, however well-intentioned, ignores certain of the

 Defendant’s constitutional rights as well impairs the orderly progress of this case.

       7.     If is of note that the South Carolina facility is located over four hundred

 thirty (430) miles from Orlando, Florida, from the Defendant’s counsel’s law office,

 and from the residence of the Defendant’s family. Further, the contemplated

 movement will likely exacerbate the Defendant’s medical issues, as mere

 transportation to the Federal Courthouse for his initial appearance, etc., seemingly

 caused significant, negative impact to the Defendant’s health. Needless movement

 of him such a distance is most likely to enhance his medical challenges.

       8.     Of similar import, the contemplated movement of the Defendant will


                                            3
Case 6:22-cr-00201-AGM-LHP       Document 77     Filed 02/17/23    Page 4 of 6 PageID 321




 divest him of reasonable access to counsel as the logistics of travel would be

 unworkable. It is axiomatic that ”’([t]he assistance of counsel) is one of the

 safeguards of the Sixth Amendment deemed necessary to insure the fundamental

 human rights of life and liberty.’” Gideon v. Wainwright, 372 U.S. 335, 343

 (1963)(quoting Johnson v. Zerbst, 304 U.S. 458, 462 (1938)).

       9.     Further, any such geographic move will divest the Defendant of

 reasonable access to visitors, including family members.

       10.    Finally, any such move of the Defendant will needlessly increase the

 time and expenses necessary to determine the Defendant’s eligibility for bond, his

 competency, his participation in discovery, and/or (perhaps especially) his

 innocence or guilt at trial here in the Middle District of Florida.

                     - Balance of Page Left Intentionally Blank --




                                            4
Case 6:22-cr-00201-AGM-LHP           Document 77       Filed 02/17/23      Page 5 of 6 PageID 322




        WHEREFORE, the defendant Evan Edwards moves the Court to prohibit the

 Office of the United States Marshall from transferring the Defendant as

 contemplated2.

        Respectfully submitted this 17th day of February, 2023.

                                       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




 2
   In the event that the Defendant has already been moved before this matter is ripe for the Court’s
 attention, the defense requests that the Court order that the Defendant be returned to Orlando,
 promptly.

                                                 5
Case 6:22-cr-00201-AGM-LHP     Document 77     Filed 02/17/23   Page 6 of 6 PageID 323




                          CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on the 17th day of February, 2023, I filed a copy

 of the foregoing with the Clerk of the Court via the CM/ECF system. I further certify

 that all parties to this case are equipped to receive service of documents via that

 system.

                                 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




                                          6


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