Joint Status Report Regarding Defendant's Competency — United States v. Bowens, No. 6:21-cr-141 (Document 83)
Summary
Document 83, filed September 13, 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 a Joint Status Report to Court Regarding Defendant's Competency in United States of America v. Emmet Bowens. It recounts that the Court found him not competent on July 13, 2022 and committed him to the Attorney General's custody for up to four months, recommending the Federal Medical Center in Butner, North Carolina (Doc. 78). The parties say a clerical error delayed sending the order to the Bureau of Prisons until about August 31, 2022. On September 12, 2022 the Marshals said he is awaiting designation to FMC Butner, with an estimated wait of six months. The parties report full compliance with his release conditions and seek no change.
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“Joint Status Report Regarding Defendant's Competency — United States v. Bowens, No. 6:21-cr-141 (Document 83).”
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Case 6:21-cr-00141-RBD-NWH Document 83 Filed 09/13/22 Page 1 of 4 PageID 245
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. )
)
JOINT STATUS REPORT TO COURT
REGARDING DEFENDANT’S COMPETENCY
The undersigned counsel for Defendant, Emmet Bowens (“Mr. Bowens”),
and the undersigned Assistant United States Attorney for the government, hereby
jointly state as follows regarding Mr. Bowens’ competency status:
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.
Case 6:21-cr-00141-RBD-NWH Document 83 Filed 09/13/22 Page 2 of 4 PageID 246
3. On June 27, 2022, undersigned counsel for Mr. Bowens 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 (the
“Competency Order”). Doc. 78. Specifically, the Court recommended that Mr.
Bowens be hospitalized at the Federal Medical Center in Butner, North Carolina
(“FMC Butner”). Id. 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.
6. On August 2, 2022, the Court entered an Order directing the parties
to provide a joint status report to the Court regarding Mr. Bowens’ competency
starting on September 15, 2022, and every thirty (30) days thereafter. Doc. 80.
7. On August 31, 2022, the U.S. Marshals informed the government that
due to a clerical error the Court’s Competency Order was not submitted to the
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Case 6:21-cr-00141-RBD-NWH Document 83 Filed 09/13/22 Page 3 of 4 PageID 247
BOP for Mr. Bowens to be designated to a hospital until on or about this very same
date, August 31, 2022. More recently, on September 12, 2022, the U.S. Marshals
informed the government that Mr. Bowens is awaiting designation by the BOP to
receive competency restoration treatment at FMC Butner, however, the current
estimated waiting period for designation to this facility is six months.
8. The Court previously set pretrial release conditions for Mr. Bowens,
including the standard conditions of release, supervision by Pretrial Services, and
the requirement that he participate in a GPS location monitoring program. Doc. 7
at 4, 7; Docs. 15, 54. Since Mr. Bowens’ initial appearance in this case, he has fully
complied with all conditions of release. Thus, the parties seek no change in Mr.
Bowens current pretrial release conditions.
9. The parties will provide another joint report regarding Mr. Bowens’
competency designation within thirty (30) days of September 15, 2022.
Respectfully submitted on this 13th day of September, 2022.
/s/ Amanda Daniels /s/ Andrew C. Searle
AMANDA DANIELS ANDREW C. SEARLE, ESQ.
Assistant United States Attorney SEARLE LAW P.A.
Florida Bar No. 111444 Florida Bar No. 116461
400 W. Washington St., Ste 3100 200 East Robinson St., Ste 1150
Orlando, Florida 32801 Orlando, Florida 32801
Telephone: (407) 648-7500 Telephone: 407-203-3715
Facsimile: (407) 648-7643 Email: andrew@searle-law.com
E-mail: amanda.daniels@usdoj.gov Attorney for Emmet Bowens
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Case 6:21-cr-00141-RBD-NWH Document 83 Filed 09/13/22 Page 4 of 4 PageID 248
CERTIFICATE OF SERVICE
I HEREBY CERTIFY on September 13, 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.
/s/ Andrew C. Searle
ANDREW C. SEARLE, ESQ.
Florida Bar No. 116461
SEARLE LAW P.A.
200 East Robinson Street, Suite 1150
Orlando, Florida 32801
Telephone: 407-203-3715
Email: andrew@searle-law.com
Attorney for Emmet Bowens
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