Order — United States v. Emmet Bowens (Dkt. 55)

Summary

Document 55, filed May 16, 2022 in Case No. 6:21-cr-141-RBD-EJK in the U.S. District Court for the Middle District of Florida, Orlando Division, is an Order in United States of America v. Emmet Bowens. It addresses the defendant's unopposed motion of May 6, 2022 (Doc. 47) for a hearing and an outpatient examination to determine mental competency. After the May 16, 2022 hearing (Doc. 48), the Court finds reasonable cause to believe the defendant may be suffering from a mental disease or defect under 18 U.S.C. § 4241(a). It grants the motion in part, appoints Dr. Danziger to examine him, and directs that the report be submitted by June 16, 2022. Counsel then have 7 days after the report is filed to file notices on whether a competency hearing should be scheduled.

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Full text

Case 6:21-cr-00141-RBD-NWH      Document 55      Filed 05/16/22   Page 1 of 2 PageID 162




                         UNITED STATES DISTRICT COURT
                          MIDDLE DISTRICT OF FLORIDA
                              ORLANDO DIVISION

     UNITED STATES OF AMERICA

     VS.                                          CASE NO. 6:21-cr-141-RBD-EJK

     EMMET BOWENS
                                           /

                                            ORDER

           This cause comes before the Court on Defendant’s Unopposed Motion for a

     Hearing and Out-Patient Examination to Determine Mental Competency (the

     “Motion”), filed May 6, 2022. (Doc. 47.) Therein, Defendant’s counsel requests that

     the Court appoint a duly qualified psychiatrist or psychologist to conduct an outpatient

     examination of Defendant pursuant to 18 U.S.C. § 4241 and to schedule a competency

     hearing upon completion of the evaluation. The United States does not oppose the

     Motion. The Court held a hearing on the Motion on May 16, 2022. (Doc. 48.)

           As stated on the record, I find that there is reasonable cause to believe that

     Defendant “may presently be suffering from a mental disease or defect rendering him

     mentally incompetent to the extent that he is unable to understand the nature and

     consequences of the proceedings against him or to assist properly in his defense.” 18

     U.S.C. § 4241(a).

           Accordingly, it is hereby ORDERED that the Motion for a Hearing and Out-

     Patient Examination to Determine Mental Competency (Doc. 47) is GRANTED IN

     PART. Jeffrey A. Danziger, M.D. (“Dr. Danziger”), is appointed to examine
Case 6:21-cr-00141-RBD-NWH      Document 55     Filed 05/16/22   Page 2 of 2 PageID 163




     Defendant and to render an opinion regarding Defendant’s competency to proceed to

     trial. The U.S. Department of Justice shall pay for Dr. Danziger’s services, including

     his fees and costs related to conducting the examination, preparing the report, and

     appearing in court. Dr. Danziger is DIRECTED to prepare the report, containing the

     information required by 18 U.S.C. § 4247(c), and provide a copy of said report to the

     Court and counsel for the parties. The report must be submitted to the Court on or

     before June 16, 2022. Within 7 days from the filing of the report, counsel for the

     parties shall file separate notices indicating whether a competency hearing, or some

     other related proceeding, should be scheduled.

           DONE and ORDERED in Orlando, Florida on May 16, 2022.




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