Motion for a Status Conference on Competency Hearing — United States v. Edwards (M.D. Fla., Document 179)

Summary

Defendant Joshua Edwards's motion for a status conference on the competency hearing in United States v. Joshua Edwards, Case 6:22-cr-00201-WWB-LHP, Middle District of Florida, Orlando Division, filed by counsel whose signature block names Andrew C. Searle. It states that the Court appointed the undersigned on February 21, 2024, that the motion to withdraw filed on April 2, 2024 was denied at an April 8, 2024 hearing, and that Dr. Randy K. Otto was retained on April 16, 2024 but has given no opinion on competency. It asks the Court to hold a status conference within the next week and says the government does not oppose. It states that the undersigned believes no report from Dr. Otto can be provided by the current deadline of May 17, 2024, ahead of the competency hearing set for June 3, 2024.

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Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 1 of 6 PageID 841




                     UNITED STATES DISTRICT COURT
                      MIDDLE DISTRICT OF FLORIDA
                          ORLANDO DIVISION

UNITED STATES OF AMERICA,           )
                                    )
      Plaintiff,                    )
                                    )
v.                                  )       Case No. 6:22-cr-201-WWB-LHP
                                    )
JOSHUA EDWARDS,                     )
                                    )
      Defendant.                    )
                                    )

             DEFENDANT JOSHUA EDWARDS’S MOTION FOR
           A STATUS CONFERENCE ON COMPETENCY HEARING

      The undersigned counsel for the Defendant, Joshua Edwards (“Mr.

Edwards”), hereby requests that the Court set a status conference in connection

with the upcoming competency hearing to address the current state of Mr.

Edwards’s competency evaluation. The undersigned further states as follows:

      1.     On February 21, 2024, the Court appointed the undersigned to

represent Mr. Edwards.    Docs. 130, 131.    At the time of the undersigned’s

appointment, prior defense counsel had already taken the position that he was

challenging the Bureau of Prisons’ prior finding that Mr. Edwards was competent

to proceed. See Docs. 124, 125. Moreover, prior defense counsel had already

retained Dr. Melvin Pagan-Gonzalez (“Dr. Pagan-Gonzalez”) to conduct a

competency evaluation of Mr. Edwards.
Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 2 of 6 PageID 842




      2.    On April 2, 2024, the undersigned filed a motion to withdraw as Mr.

Edwards’s counsel, after conferring with the Florida Bar ethics hotline as well as

the U.S. Courts, Defender Services Office Training Division’s CJA hotline. Doc.

146. The basis for the undersigned’s request to withdraw was due to irreconcilable

differences that arose between the undersigned and Mr. Edwards, which the

undersigned believed inhibited his ability to continue representing Mr. Edwards.

The undersigned’s concerns have not been resolved and, as of this filing, the

undersigned has no ability to meaningfully consult with Mr. Edwards about

anything.

      3.    On April 8, 2024, the Court held a hearing on the undersigned’s

motion to withdraw.     Doc. 150.    At this hearing, the Court permitted the

undersigned to address the Court in camera, outside the presence of the

government, so that the undersigned could provide the basis for his motion to

withdraw.    At the conclusion of the hearing, the Court denied the motion to

withdraw but agreed to reschedule the competency hearing so that the

undersigned could retain a new expert to perform another competency evaluation

of Mr. Edwards. See Doc. 151.




                                        2
Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 3 of 6 PageID 843




      4.    On April 16, 2024, the undersigned formally retained Dr. Randy K.

Otto (“Dr. Otto”) to evaluate Mr. Edwards.

      5.    Thereafter, efforts were made to have Mr. Edwards evaluated by Dr.

Otto. Despite these efforts, the undersigned still has no opinion from Dr. Otto

concerning Mr. Edwards’s current competency status.

      6.    On May 5, 2024, the undersigned submitted to the Court under seal a

memorandum from Dr. Otto, which provided an update concerning the defenses’

inability to provide an opinion with regard to Mr. Edwards’s competency status.

See Doc. 178. The undersigned also provided a copy of this memorandum to the

government.

      7.    The undersigned is concerned that despite his best efforts, he will be

without an expert opinion with regard to Mr. Edwards’s competency on the date

of the competency hearing, which is now set for June 3, 2024. See Docs. 158, 159.

The undersigned also believes that he will be unable to provide a competency

evaluation report from Dr. Otto by the current deadline of May 17, 2024. See Docs.

168, 173.

      8.    The government has indicated in a recent filing that its expert witness

is based out of Chicago and has a very busy schedule. Doc. 176. The undersigned

is also mindful of the Court’s time and resources.




                                        3
Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 4 of 6 PageID 844




      9.    In an effort to ensure that the Court has the most up to date

information concerning Mr. Edwards’s competency evaluation, the undersigned

hereby requests that the Court hold a status conference within the next week so

that the Court can determine what the best path forward is with regard to the

upcoming competency hearing. At this status conference, the undersigned may

request to address the Court in camera as some of the relevant information concerns

sensitive details with regard to the undersigned’s attorney-client relationship with

Mr. Edwards.     In order to protect Mr. Edwards’s interests in this case, the

undersigned would prefer to share some of this information outside the presence

of the government. Lastly, the undersigned will not be relying on the opinions of

Dr. Pagan-Gonzalez, the expert retained by prior defense counsel. Nonetheless,

the undersigned would like clarification on whether the Court’s Amended Order

and Notice of Hearing (Doc. 151) requires that he submit a report from Dr. Pagan-

Gonzalez.

      10.   The undersigned has conferred with the government and the

government does not oppose the Court setting a status conference.




                                         4
Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 5 of 6 PageID 845




      WHEREFORE, the undersigned counsel for Defendant Joshua Edwards

respectfully requests that this Court set a status conference to address issues

relating to the upcoming competency hearing in this matter.

      Respectfully submitted on this 15th day of May, 2024.


                                           s/Andrew C. Searle
                                           ANDREW C. SEARLE, ESQ.
                                           Florida Bar No. 0116461
                                           SEARLE LAW P.A.
                                           200 East Robinson Street, Suite 1150
                                           Orlando, Florida 32801
                                           Telephone: 407-952-0642
                                           Email: andrew@searle-law.com
                                           Attorney for Defendant Joshua Edwards




                                       5
Case 6:22-cr-00201-WWB-LHP Document 179 Filed 05/15/24 Page 6 of 6 PageID 846




                          CERTIFICATE OF SERVICE

      I HEREBY CERTIFY that on May 15, 2024, 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/Andrew C. Searle
                                             ANDREW C. SEARLE, ESQ.
                                             Florida Bar No. 0116461
                                             SEARLE LAW P.A.
                                             200 East Robinson Street, Suite 1150
                                             Orlando, Florida 32801
                                             Telephone: 407-952-0642
                                             Email: andrew@searle-law.com
                                             Attorney for Defendant Joshua
                                             Edwards




                                         6


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