Kimberly Kessler indicted connected 1st-degree execution complaint successful Cummings’ death, whose remains haven’t been found
NASSAU COUNTY, Fla. – It’s been much than 3 years since Joleen Cummings, a Nassau County mother, was past seen. And though she’s presumed dead, her remains inactive haven’t been located.
Her erstwhile coworker, Kimberly Kessler, is charged with first-degree murder. Previous tribunal documents person stated that investigators judge Cummings, 34, whitethorn person been killed wrong the Tangles Hair Salon successful Yulee, wherever they some worked.
Kessler is believed to beryllium the past idiosyncratic to spot Cummings alive.
Now, a question has been filed, requesting a “more definite connection of particulars.”
The motion, filed connected behalf of the nationalist defender’s bureau Monday, is asking the tribunal for a much definite written connection of particulars, specifying what limb was utilized successful the murder.
The tribunal question notes that Kessler has been indicted connected a first-degree execution charge, but adds that the indictment fails to specify with what limb the suspect committed the alleged homicide.
Ad
“Without the circumstantial recognition of a limb utilized successful the purported homicide, Defendant (Kessler) cannot adequately hole for the defence of these charges,” the question reads.
Attorney Gene Nichols, not associated with the case, says attorneys could beryllium trying to physique their defence -- particularly if a justice grants the question and the authorities is incapable to accidental what limb was used.
“The defence volition past usage that arsenic portion of immoderate defence they volition enactment forth, that determination is not capable grounds to convict due to the fact that we don’t adjacent cognize if and what benignant of limb was utilized successful this case,” Nichols explained.
Nichols added that the authorities is not obligated to uncover each item successful its lawsuit earlier the trial.
“The authorities is going to enactment connected each spot of grounds that they perchance person an successful a lawsuit similar this,” Nichols said. “They volition enactment distant successful beforehand of a assemblage everything that they cognize that could beryllium applicable successful this lawsuit to found the guilt of the defendant.”
Ad
Cummings has been missing since May 2018, and though her remains haven’t been located, investigators said respective notable items were recovered astatine a Georgia landfill.
Apart from that, records provided to defence attorneys amusement that detectives and pb the authoritative recovered bloodstains connected a seat successful the salon, the partition adjacent a reception desk, a woody show stand, a signboard, a vacuum cleaner leaning against the wall, different seat and a show rack adjacent to the desk.
The nationalist defender’s office besides filed an further question asking the tribunal to necessitate the authorities to disclose statements Kessler made successful jailhouse calls “that are applicable to the discourtesy charged, unneurotic with the sanction and code of each witnesser to the statements.”
The question to disclose the statements states that much than 600 jailhouse calls person been provided to the defence successful find and that “by far,” astir of the statements recorded are “irrelevant to the discourtesy charged.”
Ad
“By providing recordings of implicit 1,000 conversations the suspect has had, without designating those that are applicable to the charge, and without giving the sanction and code of the idiosyncratic who heard each statement, the authorities has spot upon the suspect the daunting task of listening to hours and hours of telephone calls successful bid to conjecture which fewer incorporate statements that the authorities considers relevant,” the question reads.
Copyright 2021 by WJXT News4Jax - All rights reserved.