Court filing
Defendant's Renewed Motion for Release on Bond and Request for Detention Hearing — United States v. Evan Edwards (a/k/a Ian Heringa) and…
No. 6:22-cr-00201-WWB-LHP · Doc. 99 · Docket on CourtListener
Full text
Case 6:22-cr-00201-WWB-LHP Document 99 Filed 07/19/23 Page 1 of 5 PageID 411
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. )
)
DEFENDANT’S RENEWED MOTION FOR RELEASE ON
BOND AND REQUEST FOR DETENTION HEARING
COMES NOW, the Defendant, Evan Edwards [hereinafter “Defendant”], by
and through the undersigned counsel, and respectfully renews his previous motion
for release on conditions. In support hereof, the Defendant further avers as follows:
1. The initial motion seeking a bond hearing and consequent, anticipated
release on conditions [Dkt. 56] was denied, without prejudice, on February 24, 2023
[Dkts. 84 & 85]. Of particular note, the Court’s Amended Order of February 24,
2023, provided that the Defendant’s “term of commitment shall be for a reasonable
period, not to exceed thirty (30) days.” Dkt. 85, p. 6.
2. By way of background, on December 16, 2022, the Defendant was
ordered to be temporarily detained until the Defendant was physically able to appear
in Court. Dkt. 21.
Case 6:22-cr-00201-WWB-LHP Document 99 Filed 07/19/23 Page 2 of 5 PageID 412
3. From December 16, 2022, until March 17, 2023, the Defendant was
held, shackled wrist and ankle, at Orlando Health Regional Medical Center.
4. On March 17, 2023, the United States Marshalls Service indicated that
the Defendant was transported to a facility in Columbia, South Carolina.
5. On April 26, 2023, the undersigned was informed by the Office of the
United States Attorney that the “BOP changed [the Defendant’s] designation to
FMC Devens . . . . [h]e is expected to arrive sometime the week of May 8.” This is
seemingly in conflict with the Court’s finding on February 24, 2023 that “a ‘suitable
facility’ is the Federal Medical Center in Butner, North Carolina (‘FMC Butner’).”
6. Nevertheless, the Defendant was transferred to FMC Devens, arriving
on May 11, 2023. If not previously triggered, the Defendant’s arrival at FMC
Devens triggered the thirty (30) day window for his assessment and the attendant
Bureau of Prisons [BOP] report. The Court noted in its February 24, 2023
Amended Order that the United States could seek an additional fifteen (15) days
should it be necessary. To the knowledge of the undersigned, no such leave was
sought.
7. Thirty (30) days from May 11, 2023 is June 10, 2023 (a Saturday).
Consequently, the assessment would have to be completed before June 13, 2023.
The Report prepared by the BOP is dated July 7, 2023, approximately three (3)
weeks tardy.
2
Case 6:22-cr-00201-WWB-LHP Document 99 Filed 07/19/23 Page 3 of 5 PageID 413
8. On July 13, 2023, and in response to a status inquiry, the undersigned
received an email from the BOP which indicated that the report was “awaiting
executive review and signature . . . .“ It is also of note that the Report was not
provided to defense counsel until July 18, 2023.
9. The BOP was charged with preparing a report on the Defendant’s
competency and, if not competent, his potential restorability to competency.
10. The BOP report concludes that the Defendant is neither competent nor
restorable to competency.
11. On July 19, 2023, the undersigned was informed by the Office of the
United States Attorney that “office management is reviewing the report and
considering next steps” and should be able to respond to inquiries about bond and
the balance of the proceeding “by the end of next week.”
12. The needless and inappropriate delay in addressing the Defendant’s
condition as well as the preparation of the BOP report argur in favor of the
Defendant’s immediate release.
13. At a bare minimum, pursuant to 18 U.S.C. § 3142, the Defendant is
now eligible to be considered for release on bond in this matter as there are
conditions of release which assure both his return for further proceedings, if any, and
the safety of the community in the interim. Specifically, the Court could release the
Defendant to his family, as it is in the best position to provide assistance to the
3
Case 6:22-cr-00201-WWB-LHP Document 99 Filed 07/19/23 Page 4 of 5 PageID 414
Defendant for his activities of daily living, as opposed to his continued incarceration,
shackled to a bed in the custody of the United States Marshalls Service.
14. The Defendant respectfully requests this Court, at a minimum, set the
matter for a detention hearing at its earliest convenience.
WHEREFORE, the undersigned requests this Court to set this matter for a
detention hearing and, consequently, release the Defendant on bond under such
terms and conditions as the Court determines to be appropriate.
Respectfully submitted this 19th day of July, 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
4
Case 6:22-cr-00201-WWB-LHP Document 99 Filed 07/19/23 Page 5 of 5 PageID 415
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 19th day of July, 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
5
File and source
- File
- gov.uscourts.flmd.408844.99.0.pdf
- Size
- 109,028 bytes
- SHA-256
- 470549a17ac0d89c4c34f17d8b7797f68446e960509ffe6db840b90790efebe8
- Original
- PACER (login required)