Order Granting Motion for Release of Defendant's Medical Records — United States v. Evan Edwards (a/k/a Ian Heringa) and Joshua Edwards

Full text

Case 6:22-cr-00201-AGM-LHP      Document 154    Filed 04/26/24   Page 1 of 4 PageID 713


                            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

           This cause came on for consideration without oral argument on the following

     motion filed herein:

           MOTION: GOVERNMENT’S UNOPPOSED, TIME SENSITIVE
                   MOTION FOR ORDER DIRECTING THE RELEASE
                   OF DEFENDANT’S MEDICAL RECORDS (Doc. No.
                   153)

           FILED:       April 26, 2024



           THEREON it is ORDERED that the motion is GRANTED.

           On March 18, 2024, pursuant to 18 U.S.C. § 4241(d)(1), Presiding District

     Judge Wendy W. Berger committed Defendant Evan Edwards to the custody of the

     Attorney General, for hospitalization of the Defendant for treatment in a suitable

     facility for such a reasonable period of time—not to exceed four months—as is

     necessary to assess whether there is a substantial probability that in the foreseeable

     future Defendant will attain the capacity to permit the proceedings in this action to

     go forward. Doc. No. 136. See also Doc. No. 152. Judge Berger further ordered
Case 6:22-cr-00201-AGM-LHP     Document 154     Filed 04/26/24   Page 2 of 4 PageID 714



     that Defendant’s failure to report to the designated facility as directed would be

     considered a violation of his pretrial release conditions. Doc. No. 136, at 6.

           On March 28, 2024, Judge Berger modified her prior Order, directing the

     United States to provide a new surrender date to the Bureau of Prisons which would

     afford sufficient time for transport of Defendant. Doc. No. 145. Judge Berger’s

     Order specifically directed Defendant to “coordinate with the USMS to determine

     a date on which he shall voluntarily surrender to the custody of the USMS for timely

     transport to the designated facility. Defendant shall cooperate in the collection of

     all necessary information by the USMS for the purposes of obtaining medical

     clearance to be transported.” Id., at 2. On April 5, 2024, the United States filed a

     notice stating that the new surrender date to FMC Devens is May 15, 2024 by 2:00

     p.m. Doc. No. 148.

           By the present motion, which Defendant’s counsel does not oppose, the

     United States represents that Defendant’s third-party custodian, Mary Jane

     Edwards, is failing to cooperate in the collection of medical information and failing

     to comply with Judge Berger’s March 28, 2024 Order. Doc. No. 153. The United

     States details the efforts that Defendant’s counsel, the United States Marshals

     Service (“USMS”), and the United States Attorneys Office have undertaken to date,

     but without the information requested from Mrs. Edwards, the USMS are able to

     transport Defendant to FMC Devens by the May 15, 2024 surrender date. Id. The

     United States therefore requests an order directing Defendant, through his third-

                                              -2-
Case 6:22-cr-00201-AGM-LHP    Document 154    Filed 04/26/24   Page 3 of 4 PageID 715



     party custodian Ms. Edwards, to submit to the Court the name of his medical

     provider on or before April 29, 2024, and to direct the medical provider (once

     identified) to provide certain medical information to the USMS on or before May 3,

     2024. Id., at 5-6.

           Upon consideration, and given the lack of objection, the motion (Doc. No.

     153) is GRANTED. On or before 5:00 p.m. on Monday, April 29, 2024, Defendant,

     through his third-party custodian Mary Jane Edwards SHALL submit to the Court

     the name of Defendant’s Medical Provider. The Medical Provider (once identified)

     is ORDERED to provide the Medical Information listed on Exhibit A to the motion

     (Doc. No. 153-1) to the USMS (care of Supervisory DUSM Penelope Knox) by 5:00

     p.m. on Friday, May 3, 2024. Counsel for Defendant is ORDERED to provide a

     copy of Exhibit A and this Order to the Medical Provider once identified. Given

     the fast-approaching surrender date for Defendant, these deadlines will not be

     extended.

           The undersigned reminds both Defendant and Mary Jane Edwards of Mrs.

     Edwards’ obligations as a third-party custodian – in particular to supervise

     Defendant in accordance with all conditions of release and to use every effort to

     assure the appearance of Defendant at all scheduled court proceedings. Doc. No.

     114, at 3.     The undersigned considers surrendering to FMC Devens and

     cooperating with the United States Marshals as ordered by Judge Berger to fall

     within the duties that Mrs. Edwards agreed to abide by. In other words, any

                                             -3-
Case 6:22-cr-00201-AGM-LHP     Document 154    Filed 04/26/24   Page 4 of 4 PageID 716



     continued failure to comply with Judge Berger’s Orders may result in further

     proceedings, including a revocation of pretrial release hearing and other sanctions

     as afforded by the law.

           DONE and ORDERED in Orlando, Florida on April 26, 2024.




                                              LESLIE HOFFMAN PRICE
                                          UNITED STATES MAGISTRATE JUDGE




                                              -4-


File and source

File

gov.uscourts.flmd.408844.154.0.pdf

Size

182,907 bytes

SHA-256

bf755ed0ad414b25e83d63b90893bc53fe1d6a2e3f88bb79481a02eefd8f77f6

Our copy

gov.uscourts.flmd.408844.154.0.pdf

Original

PACER (login required)