Unopposed Motion for Leave to File Competency Evaluation Report Under Seal — United States v. Bowens, No. 6:21-cr-141

Summary

Document 65, filed June 27, 2022 in Case 6:21-cr-00141-RBD-NWH in the U.S. District Court for the Middle District of Florida, Orlando Division, is Emmet Bowens's unopposed motion for leave to file his written competency evaluation report under seal. It states that Dr. Danziger, appointed on May 16, 2022, has completed the evaluation and given counsel his report, due to the Court that day, June 27, 2022. Counsel argues that sealing the entire report is necessary to prevent public disclosure of sensitive information about Mr. Bowens's psychological condition and that redaction would be insufficient. He asks that the report stay sealed until further order. The motion says AUSA Amanda Daniels has no objection and cites Rule 1.11 of the M.D. Fla. Local Rules.

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“Unopposed Motion for Leave to File Competency Evaluation Report Under Seal — United States v. Bowens, No. 6:21-cr-141.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-65-0-bdad2cdd81/, SHA-256 4b1a905f22a5ef1738874c38a31764aac9436dbfd2d4450f5ce99d9d3b780243.

Full text

Case 6:21-cr-00141-RBD-NWH Document 65 Filed 06/27/22 Page 1 of 5 PageID 201

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 6:21−cr−141−RBD−EJK
)
EMMET BOWENS, )
)
Defendant. )
)

DEFENDANT EMMET BOWENS’ UNOPPOSED
MOTION FOR LEAVE TO FILE DEFENDANT’S
WRITTEN COMPETENCY EVALUATION REPORT UNDER SEAL

The Defendant, Emmet Bowens (“Mr. Bowens”), by and through the

undersigned counsel, hereby respectfully moves for leave to file under seal the

written report from Mr. Bowens’ competency evaluation in this case. In support

thereof, Mr. Bowens states as follows:

STATEMENT OF FACTS

Relevant Procedural History

1. On May 6, 2022, Mr. Bowens filed an Unopposed Motion for a

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

competency motion”). Doc. 47.
Case 6:21-cr-00141-RBD-NWH Document 65 Filed 06/27/22 Page 2 of 5 PageID 202

2. On May 16, 2022, the Court granted the competency motion and

appointed Jeffrey A. Danziger, M.D. (“Dr. Danziger”) to perform a competency

evaluation of Mr. Bowens. Docs. 52, 55.

3. The deadline for the submission of Dr. Danziger’s competency report

to the Court is today, June 27, 2022. Doc. 57.

4. Dr. Danziger has completed his competency evaluation of Mr.

Bowens and submitted to the undersigned his written report.

5. In order to comply with the Court’s Order, the undersigned will be

submitting a copy of the competency evaluation report to the Court. However,

the undersigned respectfully requests leave of this Court to file the report under

seal.

6. The undersigned is informed by AUSA Amanda Daniels that the

government has no objection to the filing of the competency evaluation report

under seal.

MEMORANDUM OF LAW

The Middle District of Florida Local Rules provide, in relevant part, that:

a motion for leave to file under seal:
(1) must include in the title “Motion for Leave to File Under
Seal”;
(2) must describe the item proposed for sealing;
(3) must state the reason:
(A) filing the item is necessary,
(B) sealing the item is necessary, and
(C) partial sealing, redaction, or means other than sealing

2
Case 6:21-cr-00141-RBD-NWH Document 65 Filed 06/27/22 Page 3 of 5 PageID 203

are unavailable or unsatisfactory;
(4) must propose a duration of the seal; . . . . . .
(6) must include a legal memorandum supporting the seal; but
(7) must not include the item proposed for sealing.

See Rule 1.11, M.D. Fla. Local Rules.

Courts have historically recognized a “general right to inspect and copy

public records and documents, including judicial records and documents.” Nixon

v. Warner Commc’ns, Inc., 435 U.S. 589, 597 & n. 7 (1978). The right to public access

to judicial records, however, is not absolute. Id. at 598. The presumption of

openness may be overcome, however, where a party shows “an overriding interest

based on findings that closure is essential to preserve higher values and is

narrowly tailored to serve that interest.” United States v. Ochoa-Vazquez, 428 F. 3d.

1015, 1029 (11th Cir. 2005) (internal citations omitted).

The sealing of Dr. Danziger’s entire report in this case is necessary to

prevent the public disclosure of sensitive information concerning Mr. Bowens’

psychological condition. Redaction of the report is insufficient because almost the

entire report would have to be redacted in order to protect the sensitive

information contained within the report. Mr. Bowens requests that the report be

sealed until further order from the Court.

CERTIFICATION OF CONFERRING WITH OPPOSING COUNSEL

Pursuant to the Court’s Criminal Scheduling Order (Doc. 16), the

undersigned certifies: (1) that the undersigned counsel conferred with opposing

3
Case 6:21-cr-00141-RBD-NWH Document 65 Filed 06/27/22 Page 4 of 5 PageID 204

counsel; (2) that the motion is unopposed; and (3) that the motion concerns matters

not covered by the scheduling order.

CONCLUSION

WHEREFORE, the Defendant, Emmet Bowens, respectfully requests that

this Court enter an Order granting this motion and directing the clerk to accept

and file the written competency evaluation report in this case under seal.

Respectfully submitted on this 27th day of June, 2022.

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: 407-203-3715
Email: andrew@searle-law.com
Attorney for Defendant

4
Case 6:21-cr-00141-RBD-NWH Document 65 Filed 06/27/22 Page 5 of 5 PageID 205

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on June 27, 2022, 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.

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