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Transcript of Competency Hearing, July 13, 2022 — United States v. Bowens, No. 6:21-cr-141 (Middle District of Florida)

Summary

Document 234, filed February 25, 2026 in Case No. 6:21-cr-141-RBD-NWH in the U.S. District Court for the Middle District of Florida, Orlando Division, is the transcript of a competency hearing in United States of America v. Emmet Bowens on July 13, 2022 before United States Magistrate Judge Embry J. Kidd. The court states it received Dr. Danziger's report, neither side objects to it, and the court finds by a preponderance of the evidence that the defendant is presently suffering from a mental disease or defect rendering him mentally incompetent. Defense counsel Andrew C. Searle briefly asks for another expert, then relies on the report and asks for a recommendation of Butner and for self-surrender. The court commits the defendant to the custody of the attorney general, allows him to self-report and will recommend Butner in a written order.

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“Transcript of Competency Hearing, July 13, 2022 — United States v. Bowens, No. 6:21-cr-141 (Middle District of Florida).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-234-0-21df317c9f/, SHA-256 6110bac9b9e2663722869b494deb9eb74030b7a62c1687c01a72c99333bf19e0.

Full text

Case 6:21-cr-00141-RBD-NWH      Document 234             Filed 02/25/26   Page 1 of 10 PageID 751
                                                                                        1


   1                            UNITED STATES DISTRICT COURT
                                 MIDDLE DISTRICT OF FLORIDA
   2                                  ORLANDO DIVISION

   3                            Case No.:        6:21-cr-141-RBD-NWH

   4
           UNITED STATES OF AMERICA,
   5
                     Plaintiff,                                   Orlando, Florida
   6                                                              July 13, 2022
                           v.                                     9:37 a.m. - 9:48 a.m.
   7
           EMMET BOWENS,
   8
                     Defendant.
   9       ______________________________/

  10

  11                        TRANSCRIPT OF COMPETENCY HEARING
                          BEFORE THE HONORABLE EMBRY J. KIDD
  12                          UNITED STATES MAGISTRATE JUDGE

  13

  14       APPEARANCES:

  15       Counsel for the Government:

  16                 Amanda Sterling Daniels
                     United States Attorney's Office
  17                 400 West Washington Street, Suite 3100
                     Orlando, Florida 32801
  18
           Counsel for Defendant:
  19
                     Andrew C. Searle
  20                 Searle Law PA
                     200 East Robinson, Suite 1150
  21                 Orlando, Florida 32801

  22       Transcriptionist:         Nikki L. Peters, RMR, CRR, CRC
                                     Federal Official Court Reporter
  23                                 401 West Central Boulevard, Suite 4600
                                     Orlando, Florida 32801
  24                                 courttranscripts@outlook.com

  25             Proceedings recorded by FTR Gold digital recording.
                Transcript produced by computer-aided transcription.
                                United States District Court
                                 Middle District of Florida
Case 6:21-cr-00141-RBD-NWH   Document 234             Filed 02/25/26   Page 2 of 10 PageID 752
                                                                                      2


   1                               P R O C E E D I N G S

   2            (Court called to order.)

   3                  THE COURTROOM DEPUTY:             Case No. 6:21-cr-141, United

   4       States of America v. Emmet Bowens.

   5                  Counsel, please state your appearance for the record.

   6                  MS. DANIELS:      Good morning, Your Honor.

   7                  Amanda Daniels on behalf of the United States.

   8                  THE COURT:     Good morning.

   9                  MR. SEARLE:      Good morning, Your Honor.

  10                  Andrew Searle on behalf of Emmet Bowens, who's

  11       present in the courtroom and seated to my right.

  12                  THE COURT:     Good morning.

  13                  All right.     We're here today for a competency

  14       hearing.

  15                  I received the report from Dr. Danziger.               It's

  16       Dr. Danziger's opinion that Mr. Bowens is presently suffering

  17       from a psychotic illness which renders him mentally incompetent

  18       to the extent he's unable to understand the nature and

  19       consequences of the proceedings against him and which renders

  20       him unable to assist properly in his defense.

  21                  I previously asked the parties to notify me if there

  22       were any objections to Dr. Danziger's report.               But, for the

  23       record, I'll ask the United States, do you object to the

  24       report?

  25                  MS. DANIELS:      No, Your Honor.

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH     Document 234            Filed 02/25/26   Page 3 of 10 PageID 753
                                                                                      3


   1                 THE COURT:       And does the defense?

   2                 MR. SEARLE:        No, Your Honor.         However, I do have some

   3       issues to address at some point, whenever the Court is ready.

   4                 THE COURT:       Sure.

   5                 Okay.    So based on the report, which neither party

   6       objects to, I do find that -- by a preponderance of the

   7       evidence that the defendant is presently suffering from a

   8       mental disease or a defect rendering him mentally incompetent

   9       to the extent that he is unable to understand the nature or

  10       consequences of the proceedings against him or to assist

  11       properly in his defense.

  12                 So Mr. Bowens will undergo hospitalization at the

  13       Bureau of Prisons.      He'll be in the custody of the attorney

  14       general for that.

  15                 Mr. Searle, what would you -- do you have other

  16       matters that you'd like to raise?

  17                 MR. SEARLE:        Your Honor, this is, obviously, a very

  18       difficult situation for a defense attorney.

  19                 Mr. Bowens stands before the Court as a gentleman

  20       with minimal to no criminal history who has not been convicted

  21       of anything, who is on pretrial release conditions and is

  22       currently living with his family at a residence here locally.

  23                 And yet, despite that, the statute requires that he

  24       be taken into custody and receive treatment through a mandatory

  25       hospitalization.

                              United States District Court
                               Middle District of Florida
Case 6:21-cr-00141-RBD-NWH    Document 234            Filed 02/25/26       Page 4 of 10 PageID 754
                                                                                          4


   1                   And I've researched this extensively.                 And the

   2       Eleventh Circuit case law is very clear on this issue, that the

   3       Court has no discretion whatsoever to circumvent the

   4       hospitalization requirement of the statute.

   5                   I -- I have no reason to object to Dr. Danziger's

   6       findings.   I believe his findings are accurate.                  And I -- I

   7       concur with those findings.

   8                   Notwithstanding that, given that the consequence for

   9       the evaluation is that my client will be taken into the custody

  10       of the attorney general for hospitalization, my client has

  11       asked the Court to appoint another expert to evaluate him to

  12       see if that other expert may come to some other conclusion.

  13                   I don't believe that the other expert will make a

  14       different finding, but my client, given the consequences of

  15       Dr. Danziger's findings, has asked me to ask the Court if the

  16       Court would consider appointing another expert to see if

  17       another finding could be made by another expert.                    I understand

  18       the Court can rely on Dr. Danziger's report to make its

  19       findings, but that is my client's request at this time.

  20                   THE COURT:    All right.             Ms. Daniels.

  21                   MS. DANIELS:     Your Honor, the United States would

  22       object to the appointment of another expert.                The parties have

  23       already appointed an expert.            He's already been evaluated.

  24       Neither party objects to the report.                And the Court can

  25       reasonably make its finding based off of that.

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH   Document 234             Filed 02/25/26    Page 5 of 10 PageID 755
                                                                                      5


   1                 However, if the Court were inclined to appoint

   2       another expert, the United States would request that the

   3       defendant be taken into the custody of the attorney general to

   4       be evaluated under Section 4247(b), which the Court would have

   5       discretion to do at this point.

   6                 THE COURT:      All right.             Mr. Searle, what's your

   7       response to an evaluation pursuant to --

   8                 You said 4247(b)?

   9                 MS. DANIELS:       Yeah, 4247(b), Your Honor.            About part

  10       of the way down, it says:          "For the purposes of an examination

  11       pursuant to an order under Section 4241" -- and then it lists

  12       two other sections -- "the Court may commit the person to be

  13       examined for a reasonable period but not to exceed 30 days."

  14                 THE COURT:      Oh, sure.          But that would be really

  15       pursuant to 4241(b), which would be the examination prior to

  16       the hearing.

  17                 So if we were to do that, we would essentially be

  18       continuing this hearing and then sending him to, you know,

  19       Bureau of Prisons to be evaluated.

  20                 And, frankly, Mr. Searle, Dr. Danziger was appointed

  21       at the request of the defense, as I recall, over the objection

  22       by the United States.       So I view Dr. Danziger as a defense

  23       expert, and I don't really see a reason to appoint another

  24       defense expert to evaluate Mr. Bowens.                At most, if there is

  25       any sort of objection, I would accept the United States'

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH     Document 234             Filed 02/25/26   Page 6 of 10 PageID 756
                                                                                        6


   1       recommendation that the Bureau of Prisons evaluate Mr. Bowens.

   2       But that's the alternative that I think we're looking at here:

   3       Either we accept Dr. Danziger's report and he goes to Bureau of

   4       Prisons to undergo treatment, or we -- Dr. Danziger's report is

   5       contested -- I guess by the defense itself -- and we get

   6       another opinion from the Bureau of Prisons nevertheless.

   7                 MR. SEARLE:         Yes, I understand, Your Honor.

   8                 And I -- I agree, I'm the one that requested

   9       Dr. Danziger.     I believe he's eminently qualified.               And that's

  10       why I don't contest the findings in his report.

  11                 As I -- as I stated at the outset, Your Honor, this

  12       is a difficult situation.            My client's family is obviously not

  13       happy with the outcome here.              Frankly, they're not happy with

  14       me, given that this is where we're at in this case.                  But I

  15       understand what the Court is saying.

  16                 May I have a moment to confer with my client to

  17       explain --

  18                 THE COURT:        Sure.

  19                 MR. SEARLE:         -- to him what the Court's analysis is?

  20                 THE COURT:        Sure.       Do you need -- I don't know how

  21       much time you need.       I have a 10:00 o'clock hearing.             We can

  22       continue this until after that 10:00 o'clock detention hearing.

  23                 I don't know how much time you need to confer with

  24       him.   Or, if you need only a few minutes, that's fine.

  25                 MR. SEARLE:         Can I just have one moment?

                               United States District Court
                                Middle District of Florida
Case 6:21-cr-00141-RBD-NWH   Document 234             Filed 02/25/26    Page 7 of 10 PageID 757
                                                                                      7


   1                 THE COURT:      Sure.       Go ahead.

   2            (Court was at ease.)

   3                 MR. SEARLE:       Your Honor, my client has now indicated

   4       that it's his -- it's his wish to rely solely on Dr. Danziger's

   5       report and his findings.

   6                 I would request that the Court recommend in the order

   7       the Butner facility for the restoration treatment.

   8                 And I would also ask that the Court allow for my

   9       client to self-surrender to that facility at a date in the

  10       future.

  11                 THE COURT:      All right.             Does the United States object

  12       to either of those requests?

  13                 MS. DANIELS:       The United States would recommend that

  14       the Court put Butner or the first available facility.

  15                 I don't want to delay the process if Butner is backed

  16       up for some reason.

  17                 I don't have an objection to the defendant

  18       self-surrendering.     But I don't -- given the language of the

  19       statute, which just says that the Court shall order the

  20       defendant to be committed to the custody of the attorney

  21       general, it's unclear to me whether or not the Court would have

  22       the discretion to delay the commitment to the attorney

  23       general -- the custody of the attorney general.                But I don't

  24       have an objection if the Court --

  25                 THE COURT:      Okay.

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH   Document 234             Filed 02/25/26     Page 8 of 10 PageID 758
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   1                 MS. DANIELS:         -- does.

   2                 THE COURT:      Thank you.

   3                 I read the statute assaying that he does have to be

   4       committed to the custody of the attorney general but not

   5       immediately remanded to the custody.               So I think self-report is

   6       an option.

   7                 Based on past experience, I will recommend Butner.

   8       But just based on how -- bed availability, recently, in some of

   9       these cases, I think I agree with the United States that first

  10       available might be better.          Because sometimes it's taking, you

  11       know, months for space to become available.

  12                 MR. SEARLE:       Yes, Your Honor.          I understand that.        In

  13       my experience, Butner is the best facility for addressing the

  14       issues my client is dealing with.

  15                 THE COURT:      I think it's also the closest, and

  16       sometimes -- I think there's a facility in Texas.                  But, yes, I

  17       will make the recommendation for Butner.               But if --

  18                 MR. SEARLE:       I know that Miami does, from time to

  19       time, do --

  20                 THE COURT:      Miami --

  21                 MR. SEARLE:       -- restoration --

  22                 THE COURT:      -- as well.            That's right.

  23                 MR. SEARLE:       -- but, in my experience, they do not,

  24       frankly, do as good of a job as Butner.               And I haven't had good

  25       results when a client has been sent there.                  Frankly, a lot of

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH    Document 234            Filed 02/25/26    Page 9 of 10 PageID 759
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   1       times the situation gets worse.

   2                   THE COURT:    So you would prefer Butner, even if the

   3       wait for Butner is longer than, for instance, Miami?

   4                   MR. SEARLE:     Yes, Your Honor.           Absolutely.

   5                   THE COURT:    Well, ultimately, it's going to be the

   6       decision of the Bureau of Prisons, but I'll recommend Butner.

   7                   But I imagine if it looks like it's going to

   8       unnecessarily delay the proceedings, they might come to a

   9       different conclusion.       But, in the order, I will recommend

  10       Butner.

  11                   MR. SEARLE:     Thank you, Your Honor.

  12                   THE COURT:    All right.             So, as I stated, I will

  13       commit the defendant to the custody of the attorney general.

  14                   I will allow him to self-report to the designated

  15       facility.   I'll make a recommendation for Butner.                 And that

  16       will be in a written order.

  17                   Is there anything else to take care of from the

  18       United States?

  19                   MS. DANIELS:     No, Your Honor.           Thank you.

  20                   THE COURT:    From the defense?

  21                   MR. SEARLE:     No, Your Honor.           Thank you.

  22                   THE COURT:    All right.             This hearing is adjourned.

  23            (Proceedings adjourned at 9:48 a.m.)

  24

  25

                             United States District Court
                              Middle District of Florida
Case 6:21-cr-00141-RBD-NWH     Document 234             Filed 02/25/26   Page 10 of 10 PageID
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  1                                C E R T I F I C A T E

  2

  3                 I certify that the foregoing is a correct transcript

  4       from the record of proceedings in the above-entitled matter.

  5

  6

  7       February 25, 2026

  8           s\ Nikki L. Peters
          Nikki L. Peters, RMR, CRR, CRC
  9       Federal Official Court Reporter
          United States District Court
 10       Middle District of Florida

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                             United States District Court
                              Middle District of Florida


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