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Government's Time Sensitive Motion to Prohibit ORMC from Discharging the Defendant Until Transport to BOP Facility Occurs — United States…
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The government's time sensitive motion 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, filed May 23, 2024 as Document 195. It asks the Court to prohibit Orlando Regional Medical Center (ORMC) from discharging the defendant until USMS/JPATS can transport him to FMC Devens. The motion recounts the Court's order for treatment under 18 U.S.C. § 4241(d) (Doc. 136) and its May 22, 2024 order (Doc. 190), and states that transport requires medical records from ORMC and would occur within 72 hours of receiving them. It reports that defense counsel Brian Phillips has no objection and cites Fla. Stat. § 395.1041. The motion is signed by Assistant United States Attorney Kara M. Wick.
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No. 6:22-cr-00201-AGM-LHP · Doc. 195 · Docket on CourtListener
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Case 6:22-cr-00201-AGM-LHP Document 195 Filed 05/23/24 Page 1 of 5 PageID 876
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
GOVERNMENT’S TIME SENSITIVE MOTION TO PROHIBIT ORMC FROM
DISCHARGING THE DEFENDANT UNTIL TRANSPORT TO BOP
FACILITY OCCURS
The United States of America by Roger B. Handberg, United States Attorney
for the Middle District of Florida, hereby moves the Court to prohibit Orlando
Regional Medical Center (“ORMC”) from discharging the Defendant, Evan Edwards,
until USMS/JPATS can transport the defendant to the BOP facility (FMC Devens),
and states:
INTROUCTION
This motion is designated time sensitive because ORMC has indicated that the
Defendant will be discharged today from its care. ORMC does not interpret the
Court’s prior orders in this case from requiring the Defendant’s admission until his
transport to BOP, which is anticipated to occur within 72 hours of receipt of the
required medical records from ORMC. Given the Defendant’s current medical status,
a local jail will not house the Defendant. Thus, if the Defendant is discharged from
ORMC, the Defendant will be in the custody of USMS, but USMS is not prepared to
accommodate any medical situation until it has received the USMS Form 553 –
Case 6:22-cr-00201-AGM-LHP Document 195 Filed 05/23/24 Page 2 of 5 PageID 877
Prisoner in Transit Medical Summary and make accommodations for any medical
needs. That process takes approximately 72 hours.
BACKGROUND
1. Evan Edwards (the “Defendant”) has been found incompetent to stand
trial under 18 U.S.C. § 4241(b) and this Court has ordered treatment pursuant to 18
U.S.C. § 4241(d). Doc. 136.
2. As requested by the Defendant, USMS is facilitating the Defendant’s
transport to FMC Devens. Docs. 139, 145. However, in order to transport the
Defendant, JPATS requires certain medical information.
3. On May 22, 2024, the Defendant was remanded back to the custody of
the USMS by Court Order. Doc. 190. The Court also ordered:
On or before May 24, 2024, the United States is DIRECTED to file a notice
with the Court confirming that Defendant has been admitted into Orlando
Regional Medical Center for evaluation, providing an estimated date for
completion of the medical evaluation, and providing a new date for Defendant's
surrender at FMC Devens.
4. On May 21, 2024, the Defendant was transported to ORMC for
evaluation. ORMC was presented at that time with a copy of the above Order and
with the Court’s prior Orders in this case. Although ORMC does not read the Court’s
prior orders as requiring the Defendant’s admission, the Defendant had high blood
pressure, which necessitated his admission. He was admitted to ORMC on the evening
of May 21, 2024.
5. As of the date of filing this Motion, ORMC reports that the Defendant’s
blood pressure is stable and that he will be discharged forthwith. The undersigned
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Case 6:22-cr-00201-AGM-LHP Document 195 Filed 05/23/24 Page 3 of 5 PageID 878
counsel spoke on the phone with ORMC’s legal department, whose position is that
ORMC is free to discharge the Defendant when it deems the Defendant’s discharge is
medically appropriate. To date, ORMC has not provided all of the medical
information necessary for the Defendant’s transport to BOP.
6. Therefore, the United States hereby requests that the Court enter an
Order prohibiting ORMC from discharging the Defendant until transport to the BOP
facility can occur. Once ORMC provides the required medical information, transport
should occur within 72 hours.
7. On May 23, 2024, the undersigned conferred with defense counsel, Brian
Phillips, who stated that he has no objection to the Defendant remaining in the hospital
until transport to Devens, as long as he (Attorney Phillips) is kept informed of the
Defendant’s location.
8. If the Court sets a hearing on this Motion on an emergency basis, the
Government respectfully requests that the parties be permitted to appear by phone or
electronic means.
MEMORANDUM
The Government is obligated to provide medical care to the Defendant, who is
currently in USMS custody. See, e.g., Baker Cnty. Med. Servs., Inc. v. U.S. Atty. Gen., 763
F.3d 1274, 1275 (11th Cir. 2014) (citing Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct.
285, 50 L.Ed.2d 251 (1976) (The federal government bears a constitutional “obligation
to provide medical care for those whom it is punishing by incarceration.”)). Here, the
Defendant cannot be transported to the BOP facility until the appropriate medical
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Case 6:22-cr-00201-AGM-LHP Document 195 Filed 05/23/24 Page 4 of 5 PageID 879
clearance has occurred. Until such clearance has occurred, the Defendant’s care
should be continued at ORMC.
Moreover, ORMC is obligated to provide care to every person in need of care.
See Fla. Stat. § 395.1041 (“The Legislature finds and declares it to be of vital
importance that emergency services and care be provided by hospitals and physicians
to every person in need of such care.”).
WHEREFORE, the United States respectfully requests that this Court enter an
Order prohibiting ORMC from discharging the Defendant until the Defendants
transport to BOP can occur.
Respectfully submitted,
ROGER B. HANDBERG
United States Attorney
By: /s/ Kara M. Wick
Kara M. Wick
Assistant United States Attorney
Florida Bar No. 0085578
Telephone: (407) 648-7500
E-mail: Kara.Wick@usdoj.gov
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Case 6:22-cr-00201-AGM-LHP Document 195 Filed 05/23/24 Page 5 of 5 PageID 880
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on May 23, 2024, a true and correct copy of the
foregoing was filed via the CM/ECF filling system, which will send service to all
counsel of record:
A. Brian Phillips, Esq.
/s/ Kara M. Wick
Kara M. Wick
Assistant United States Attorney
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