NASSAU COUNTY, Fla. – A day after denying a defense motion to suppress evidence, including the purchase of an electric knife, Judge James Daniel also denied a motion from Kimberly Kessler’s attorney to have her undergo another mental competency evaluation.
Daniel reminded the defense of his two previous rulings on the issue and said he didn’t see anything that would cause him to hold another mental competency hearing.
Kessler was wheeled into court strapped to a chair for the final pretrial hearing Tuesday and yelled “Jordan Beard is Joleen’s cousin” 11 times before being wheeled back out. The outburst, which she has repeated at nearly every court appearance, is an accusation about one of her defense attorneys that has been proven untrue.
Daniel found Kessler competent in June to stand trial in the murder of Joleen Cummings, Kessler’s co-worker at a Nassau County hair salon. Cummings disappeared in May 2018. Her body has never been found, but investigators found a large amount of blood evidence at the Tangles Hair Salon, where Cummings and Kessler worked together, and have surveillance video showing Kessler placing bags containing something in a dumpster.
Daniel said Tuesday that jury selection is on for Dec. 6. The defense has also filed a motion for a change of venue. That will be considered at a later time if need be, Daniel said.
The judge indicated there would be more than 300 potential jurors brought to court in groups of 30. His goal is a pool of 60 after Phase 1 of jury selection. Daniel told prosecutors and the defense that if Kessler wants to be part of the trial, she will be brought in.
Daniel is allowing the state to tell the jury how investigators said Kessler went to Walmart the night Cummings was last seen alive and bought an electric knife, cleaning gloves and heavy-duty trash bags.
The defense argued that since no one can say how Cummings died, the items would encourage the jury to speculate that the electric knife was the murder weapon and would inflame the jurors’ passions.
The judge ruled the prosecution can tell the jury about the items Kessler bought due to their probative value. Those purchases were caught on store surveillance video.