Motion to Cancel Status Conference and Remove Case From Trial Term — United States v. Bowens, No. 6:21-cr-141

Summary

Document 79, filed August 1, 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 motion to cancel the status conference set for August 11, 2022 and remove the case from the trial term beginning September 5, 2022. Counsel says the Court has already found Mr. Bowens not competent to proceed after a July 13, 2022 hearing and committed him to the Attorney General's custody for hospitalization and treatment for up to four months (Docs. 75, 78). The motion states he is awaiting notice from the Bureau of Prisons of where to report. In the alternative, counsel asks to appear by telephone at the status conference because of an out-of-town legal conference. It says AUSA Amanda Daniels does not oppose telephone appearance but thinks the conference would help with scheduling.

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“Motion to Cancel Status Conference and Remove Case From Trial Term — United States v. Bowens, No. 6:21-cr-141.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-79-0-3eb6bc0ffe/, SHA-256 d46b06b3ccbfa30d71d7e67d895fe592aaff9c6037a4acc753b1e2e628a03588.

Full text

Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 1 of 6 PageID 237

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’ MOTION TO
CANCEL STATUS CONFERENCE SET FOR AUGUST 11, 2022 AND TO
REMOVE CASE FROM COURT’S TRIAL TERM COMMENCING ON
SEPTEMBER 5, 2022, OR, IN THE ALTERNATIVE, REQUEST
TO APPEAR TELEPHONICALLY AT UPCOMING STATUS CONFERENCE

The undersigned counsel for Defendant, Emmet Bowens (“Mr. Bowens”),

hereby files this motion to cancel the status conference set for August 11, 2022 and

to remove the case from the Court’s trial term commencing on September 5, 2022,

as the Court has already entered an Order finding Mr. Bowens not competent to

proceed in this case, and has committed Mr. Bowens to the custody of the Attorney

General for hospitalization and treatment (Doc. 78). In the alternative, the

undersigned respectfully requests permission to telephonically appear at the

upcoming status conference on August 11, 2022 at 10:00 a.m., as the undersigned
Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 2 of 6 PageID 238

will be attending an out-of-town legal conference on this date and time. In further

support thereof, the undersigned states as follows:

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.

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, 57.

3. On June 27, 2022, the undersigned timely submitted to the Court,

under seal, Dr. Danziger’s report concerning the competency evaluation of Mr.

Bowens. Docs. 66, 68, 70.

4. On July 1, 2022, the parties filed their respective Notices Regarding

Competency of Defendant. Docs. 68, 70.

5. Following a competency hearing on July 13, 2022, the Court found Mr.

Bowens not competent to proceed in this case. Doc. 75. The Court also entered an

Order finding Mr. Bowens not competent and committing him to the custody of

the Attorney General for hospitalization and treatment for a period not to exceed

four months from the date he arrives at a designated treatment facility. Doc. 78.

The Court further ordered that Mr. Bowens report to the designated treatment

facility on a date set forth by the Bureau of Prisons (“BOP”). Id. Further still, in its

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Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 3 of 6 PageID 239

Order, the Court directed the United States: (a) to file a report as to Mr. Bowens’

competency status prior to the expiration of the “four-month treatment period;”

and (b) to file a motion for the release of Mr. Bowens from the Attorney General’s

custody within five days of receipt of “a § 4241(e) certificate.” Id.

6. Mr. Bowens is awaiting notification from the BOP as to what facility

he should report to, and what his report date will be. Upon receiving this

information, Mr. Bowens will report to the treatment facility on the date and time

designated by the BOP.

7. Mr. Bowens’ case is currently scheduled for a status conference on

August 11, 2022 at 10:00 a.m., and a jury trial for the trial term commencing on

September 5, 2022 at 9:00 a.m. Doc. 51. Based on the Court’s above-described

competency Order, the undersigned respectfully requests that this Court cancel

the status conference and remove this case from the September 5, 2022 trial term.

The undersigned believes that the information contained within the instant motion

is in essence the same information that the parties will share with the Court at the

upcoming status conference. As noted above, the United States will file a status

report to the Court concerning Mr. Bowens’ competency on or before the four-

month period following Mr. Bowens’ arrival at the designated treatment facility.

Thus, the Court will be in a position to re-set the case for a status conference and

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Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 4 of 6 PageID 240

trial once the United States informs the Court that Mr. Bowens’ competency has

been restored.

8. In the event that the Court is obliged to hold the scheduled status

conference on August 11, 2022 at 10:00 a.m., the undersigned respectfully requests

that he be granted permission to appear telephonically at this conference. The

undersigned is currently scheduled to attend an out-of-town legal conference from

Wednesday, August 10, 2022 through Saturday, August 13, 2022.

9. The undersigned has conferred with Assistant United States Attorney

Amanda Daniels who has informed the undersigned that the government does not

oppose the undersigned’s request to appear telephonically, however, the

government believes that holding the status conference as set would be helpful for

“scheduling purposes.”

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Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 5 of 6 PageID 241

CONCLUSION

WHEREFORE, the undersigned counsel for the defendant, Emmet Bowens,

respectfully requests that this Court cancel the status conference set for August 11,

2022 and remove the case from the Court’s trial term commencing on September

5, 2022, or, in the alternative, permit the undersigned counsel to telephonically

appear at the status conference on August 11, 2022 at 10:00 a.m.

Respectfully submitted on this 1st day of August, 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

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Case 6:21-cr-00141-RBD-NWH Document 79 Filed 08/01/22 Page 6 of 6 PageID 242

CERTIFICATE OF SERVICE

I HEREBY CERTIFY on August 1, 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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