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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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-flmd-396523-83-0-5509fb8891/, SHA-256 f4751a119f08578c570f18d71642c545ff5c3e4231e2343fcccf951e83a1074c.

Full text

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


                                         2
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




                                           3
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




                                          4


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