Government's Motion to Continue Trial — United States v. Emmet Bowens (Dkt. 190)

Summary

The Government's Motion to Continue Trial, filed November 26, 2025 in United States of America v. Emmet Bowens, Case No. 6:21-cr-141-RBD-NWH, in the U.S. District Court for the Middle District of Florida, Orlando Division. The United States, by Gregory W. Kehoe, United States Attorney, asks the Court to continue the trial now set for December 5, 2025. It asks the Court to continue the case to the January trial term, or at minimum to another date within the speedy trial window. The motion states that defense counsel objects to the continuance based on the defendant's position, and that under the government's calculations the defendant must be brought to trial within 43 days, or by January 8, 2026. Rachel S. Lyons signs with /s/.

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“Government's Motion to Continue Trial — United States v. Emmet Bowens (Dkt. 190).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-190-0-31e076f9f4/, SHA-256 685af0aa2015ac443adffd0ec4681bd959793c34ce26e49f784b60c1e5eb5af8.

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Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 1 of 9 PageID 496

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 6:21-cr-141-RBD-NWH

EMMET BOWENS

GOVERNMENT'S MOTION TO CONTINUE TRIAL

The United States of America, by Gregory W. Kehoe, United States Attorney

for the Middle District of Florida, requests, pursuant to Fed. R. Crim. P. 12(b), that

this Court continue the trial in this case now set for December 5, 2025, and in

support of its motion states as follows:

Procedural Background

1. A grand jury returned an indictment against defendant on November

10, 2021. Doc. 1. On December 2, 2021, defendant was arrested in the Northern

District of Georgia. His initial appearance and detention hearing occurred the

following day. Docs. 6-8. The United States did not move for detention and

defendant was released on bond conditions. Id.

2. On December 16, 2021, defendant was arraigned in the Middle District

of Florida. Doc. 10. Afterwards, pretrial discovery and preparation took place over

the next few months, with defendant seeking unopposed continuances. See Docs. 25,

27, 28, 38, 39, and 50. By May 5, 2025, defendant began to file pretrial motions

seeking relief. See Docs. 44-47. Most significantly, defendant filed a motion for
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 2 of 9 PageID 497

competency examination. Doc. 47.

3. On July 13, 2022, defendant was determined not competent to proceed

with trial and was ordered into the custody of the Attorney General for competency

restoration. Doc. 78. However, defendant was left at liberty and ordered to report to

the designated facility on the date set forth by the Bureau of Prisons. Id. at 3. He did

not.

4. On March 21, 2023, the date defendant was supposed to report for

competency restoration, he cut off his ankle monitor and fled. Docs. 100-102. He

was not arrested until December 10, 2024. Doc. 111.

5. After the restoration process, defendant was eventually released from

the custody of the Attorney General on September 24, 2025. Doc. 142. After several

delays caused by the withdrawal of defendant’s various defense counsel, he was

determined to be competent on October 10, 2025. Doc. 155.

6. Similarly, it took some time to progress through defendant’s bond

revocation hearing, due to the withdrawal of yet another court appointed counsel.

See Docs. 162-178. There was one brief continuance requested by the government

due to the illness of a critical witness; however, at the time, defendant had elected to

proceed pro se, a decision which he ultimately reversed after the brief continuance.

Doc. 163 and 171. Defendant’s current attorney was appointed on November 5,

2025, just three weeks ago. Doc. 171.

7. Meanwhile, at the status conference on November 13, 2025, defense

counsel requested a one-month continuance; considering his recent appointment to
2
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 3 of 9 PageID 498

the case, he needs time to adequately prepare. Doc. 176. The government did not

oppose what seemed a very reasonable request, which this Court granted, contingent

on defendant signing a waiver of speedy trial. Doc. 175. Yet, defendant refused to

sign the waiver of speedy trial. Doc. 184.

8. As a result, on November 25, 2025, this case was set for trial to begin

with jury selection on December 5, 2025. Doc. 186.

Speedy Trial Act Computation

9. Because defendant was initially arrested in the Northern District of

Georgia, he must be brought to trial within 70 days from the date he appeared before

a judicial officer in the Middle District of Florida where the charges are pending. 18

U.S.C. § 3161(c)(1). Defendant was arraigned on December 16, 2021, triggering the

speedy trial clock. Doc. 10.

10. The statute specifically includes the potential for “excludable delay,”

providing a non-exhaustive list of potential bases. Those include any period of delay

resulting from proceedings concerning the defendant, examples of which are listed in

subsection (h).

11. The United States calculates 27 days expired on defendant’s speedy trial

clock, as follows 1:

1
Some of the relevant dates for exclusion of time overlap. Additionally, there were other
motions filed between May 5, 2022, and November 19, 2025. These additional motions
would also toll the speedy trial clock, but to simplify the government’s calculations those
additional filings are excluded from the chart.
3
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 4 of 9 PageID 499

Dates Case Status Number of Basis for
Days against exclusion
Speedy Trial
Clock
December 2-3, 2021 Defendant’s arrest in 0 18 U.S.C. §
NDGA and initial 3161(c)(1)
appearance
December 4-15, (period between 0 18 U.S.C. §
2021 defendant’s initial 3161(c)(1)
appearance in NDGA
and his arraignment in
MDFL)
December 16, 2021 Defendant’s 0 18 U.S.C. §
arraignment 3161(h)(1)
December 17, 2021 (period in between 27 None
– January 12, 2022 defendant’s
arraignment and the
first status conference)
January 13, 2022- Continuance by 0 18 U.S.C. §
April 20, 2022 defendant 3161(h)(1)(D)
Waiver of speedy trial and (h)(7)(A)
March 10, 2022 – Continuance by 0 18 U.S.C. §
June 30, 2022 defendant 3161(h)(1)(D)
and (h)(7)(A)
May 5, 2022 – Defendant’s motions for 0 18 U.S.C.
October 10, 2025 relief, including §3161(h)(1)(A)
competency and (D), and
determination

Defendant’s fugitive (h)(3)(B)
status
March 21, 2023 – Bond revocation petition 0 18 U.S.C. §
November 19, 2025 pending 3161(h)(1)(H)
October 28, 2025 – Motion to withdraw by 0 18 U.S.C. §
November 5, 2025 Roger Weeden 3161(h)(1)(D)
November 5, 2025 Defense motion to 0 18 U.S.C. §
– November 19, continue bond 3161(h)(1)(D)
2025 revocation hearing and (H)
November 13, 2025 Status conference 0 18 U.S.C. §
3161(h)(1)

4
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 5 of 9 PageID 500

November 14, 2025 (period under which 02 18 U.S.C. §
– November 25, defense counsel’s 3161(h)(1)(D)
2025 motion to continue was and (H)
under advisement)

Additional Facts

12. The United States anticipates calling approximately 14 witnesses. While

many of those individuals are records custodians/authentication witnesses, the

United States needs to secure their availability, nonetheless. As of the time of this

filing, the United States has only been able to confirm the availability of three of

those witnesses for December 10, 2025. The case agent has a significant personal

conflict on December 12, 2025, when his daughter is graduating from college. There

is another FBI special agent with knowledge of the case, however, that individual is

on military leave from December 1, 2025, through December 12, 2025.

13. Additionally, undersigned counsel has a significant upcoming event in a

complex ongoing investigation. Considering the requested defense continuance,

undersigned counsel coordinated other case work anticipated to take up the vast

majority of December 1st through December 3rd. Undersigned counsel has prepared

significantly over the last three months for said investigative step, which has included

coordination with multiple state and federal investigative partners, pretrial services,

and several witnesses. There are nine potential defendants who will be impacted by a

2
If this period is not excluded from speedy trial calculations, the difference is 7 days, the
period between the bond revocation hearing and the filing of this motion. That would make
the total elapsed time 34 days with a deadline of January 1, 2026.
5
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 6 of 9 PageID 501

delay, eight of whom have been in custody for some time. Said investigative step has

been rescheduled several times due to scheduling conflicts and other concerns.

Requested Continuance

14. While this case has languished for quite some time, the delays have

been primarily caused by the defendant. Between requesting a now seemingly

dubious mental health evaluation (approximately 10 months of delay), fleeing

prosecution (approximately 21 months of delay), and clashing with lawyer after

lawyer (delays hard to quantify), defendant has done his best to avoid prosecution.

He now seeks a speedy trial, which is his constitutional right. However, the United

States has a vested interest in having adequate opportunity to procure its witnesses

for trial, and believes additional time is necessary for defendant’s newly appointed

attorney, who recently requested a continuance for just that reason. See 18 U.S.C. §

3161(h)(7)(B)(iv).

15. The United States respectfully requests this Court continue this case to

the January trial term, or at minimum, for another date within the speedy trial

window. 3

Coordination with Defense Counsel

16. I have discussed this motion with defense counsel, who objects to the

continuance based on the defendant’s position. He persists in his request for a speedy

3
Undersigned counsel is not available December 23, 2025, through December 29, 2025.
The government’s case agent is not available December 12 and December 29, 2025, through
January 2, 2026. Defense Counsel is not available December 5, 2025.
6
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 7 of 9 PageID 502

trial against defense counsel’s advice.

Conclusion

17. The ends of justice served by granting this continuance outweigh the

best interest of the public and the defendant in a speedy trial. However, even if the

case is set for trial in the January trial term and the time is not excluded, defendant’s

right to a speedy trial will still be preserved. Based on the government’s calculations,

defendant must be brought to trial within 43 days, or by January 8, 2026.

7
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 8 of 9 PageID 503

18. In view of the procedural history of the case, the obligations of

undersigned counsel in other cases, and the reasonable length of the requested delay,

the government requests this Court to continue the case for trial.

Respectfully submitted,

GREGORY W. KEHOE
United States Attorney

By: /s/ Rachel S. Lyons
Rachel S. Lyons
Special Assistant United States Attorney
USA No. 215
400 W. Washington Street, Suite 3100
Orlando, Florida 32801
Telephone: (407) 648-7500
Facsimile: (407) 648-7643
E-mail: Rachel.Lyons@usdoj.gov

8
Case 6:21-cr-00141-RBD-NWH Document 190 Filed 11/26/25 Page 9 of 9 PageID 504

U.S. v. Bowens Case No. 6:21-cr-141-RBD-NWH

CERTIFICATE OF SERVICE

I hereby certify that on November 26, 2025, I electronically filed the foregoing

with the Clerk of the Court by using the CM/ECF system which will send a notice of

electronic filing to the following:

Michael William Nielsen
Nielsen Law Firm
720 W SR 434
Winter Springs, FL 32708

/s/ Rachel S. Lyons
Rachel S. Lyons
Special Assistant United States Attorney
USA No. 215
400 W. Washington Street, Suite 3100
Orlando, Florida 32801
Telephone: (407) 648-7500
Facsimile: (407) 648-7643
E-mail: Rachel.Lyons@usdoj.gov

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