Defendant's Response to Motion to Continue Trial — United States of America v. Emett Bowens (Document 192)

Summary

A Defendant's Response to Motion to Continue Trial by the Government at Document Number 190, filed December 1, 2025 in United States of America v. Bowens, CASE NO.: 6:21-cr-141-RBD-NWH, in the U.S. District Court for the Middle District of Florida, Orlando Division. Defense counsel states that the United States Attorney's Office filed a motion to continue the trial on November 26, 2025 and that the defendant opposed it. Counsel states that counsel could benefit from more time but must object based on the stated position of Mr. Bowens, and that speedy trial, without a further waiver, appears to expire on January 8, 2026. It states that on December 1, 2025 the defendant did not sign the waiver and advised counsel that the defendant "wants to represent himself". Michael W. Nielsen signs with /s/.

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“Defendant's Response to Motion to Continue Trial — United States of America v. Emett Bowens (Document 192).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-192-0-fafbd33dab/, SHA-256 92d3d8df493bf8b3512dfaae7682293fcba0fa16220ca8d707e86adb9eb3e0a3.

Full text

Case 6:21-cr-00141-RBD-NWH Document 192 Filed 12/01/25 Page 1 of 3 PageID 505

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA CASE NO.: 6:21-cr-141-RBD-NWH

EMETT BOWENS,
___________________________________/

DEFENDANT’S RESPONSE TO MOTION TO CONTINUE TRIAL BY THE

GOVERNMENT AT DOCUMENT NUMBER 190 AS ORDERED BY

THE HONORABE COURT

Comes now, the defense, by and through undersigned counsel, hereby files in writing the

response to document number 190 and alleges:

1. That on November 26, 2025, the United States Attorney’s Office filed a motion to

continue the trial, which was opposed by the defendant.

2. The defense made an oral motion to continue the trial at the status conference hearing.

3. That when undersigned counsel met with defendant subsequent to the status conference,

he had changed his mind about the continuance and would not sign a written waiver of

speedy trial.

4. That undersigned counsel advised the Honorable Court and the United States Attorney’s

Office that the defendant would not sign the waiver. The Honorable Court set the case for

trial in December 2025. In turn, the United States Attorney’s Office then filed their own

motion to continue trial in writing.

5. That defense counsel has been appointed to represent the defendant on November 5, 2025,
Case 6:21-cr-00141-RBD-NWH Document 192 Filed 12/01/25 Page 2 of 3 PageID 506

and could definitely benefit by having more time to prepare for trial. However,

professionally and ethically, counsel must object based upon the stated position of Mr.

Bowens.

6. That as to the historical information in the motion to continue it is not possible to

comment on it as the prior activities in the case undersigned counsel was not involved in

any of it.

7. That the calculations the United States Attorney stated in the motion appear to be accurate

and correct. The speedy time has not been exhausted at this point in the case. Based upon

the speedy trial analysis by the government, it appears speedy trial, without a further

waiver, expires on January 8, 2026. It appears that if the trial begins on or before January

8, 2026, a further waiver of speedy trial by the defense is not necessary.

8. That the witness issues the United States Attorney’s Office has stated appear to be no fault

of the government and are just something that occurs in this business.

9. That on today, December 1, 2025, undersigned counsel met again with the defendant to

see if he would sign the waiver of speedy trial; he did not sign. In addition, the defendant

advised undersigned counsel that he “wants to represent himself” in this case. That I

advised the defendant, I would notify the Honorable court of his position on representation

going forward.

WHEREFORE, the defense hereby files the above written response as ordered by

the Honorable Court.
Case 6:21-cr-00141-RBD-NWH Document 192 Filed 12/01/25 Page 3 of 3 PageID 507

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 1, 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: United States Attorney, further certify that I mailed the foregoing document and the

notice of electronic filing by first-class mail to the following: none.

Respectfully submitted,

SMITH & EULO LAW FIRM

By: /s/ Michael W. Nielsen
Michael W. Nielsen, Esq.
Florida Bar No. 794392
Smith & Eulo Law Firm
720 W State Road 434
Winter Springs, FL 32708
mnielsen@smithandeulo.com
sroofe@smithandeulo.com
sfetterman@smithandeulo.com
(407) 327-5865
Attorney For Defendant

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