Judge denies all defense motions to suppress evidence in Kimberly Kessler trial

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Kessler is accused of sidesplitting her Nassau County salon co-worker

NASSAU COUNTY, Fla. – A justice has denied each motions filed by Kimberly Kessler’s defence to suppress grounds successful her proceedings successful the execution of Joleen Cummings, her co-worker astatine a Nassau County salon.

Kessler’s lawyers said successful the archetypal question that Kessler was located done unlawful usage of cellphone tract technology, truthful immoderate grounds gathered arsenic a effect of the unlawful detention successful St. Johns County — days aft Cummings disappeared successful May 2018 — should beryllium suppressed. That question was antecedently denied.

On Friday, Judge James Daniel issued a 31-page bid denying the different 9 motions, successful which Kessler’s defence said:

Statements that Kessler made to St. Johns County deputies should beryllium suppressed due to the fact that she was questioned earlier she was work her Miranda rights.
Statements that she made astatine the St. Johns County jailhouse should beryllium suppressed due to the fact that they were the effect of the unlawful apprehension connected a complaint of expansive theft of a centrifugal vehicle. The apprehension came after, according to investigators, Kessler was seen connected surveillance video successful Cummings’ vehicle.

Daniel ruled that Miranda warnings are not required erstwhile idiosyncratic is questioned by instrumentality enforcement unless that idiosyncratic is placed nether arrest. The justice recovered that the answers Kessler gave to equipped deputies astatine a remainder country successful St. Johns County were successful effect to due questions successful a missing persons case.

“The justice said overall, to a tenable person, she was not being detained, truthful so she did not person to beryllium advised of her Miranda rights,” said lawyer Gene Nichols, who is not affiliated with the case. “The justice was beauteous wide successful his bid erstwhile helium said that erstwhile she was getting retired of the vehicle, the guns were holstered, she was questioned successful a missing persons case, and that she had the close to leave.”

Nichols said that determination voided astir of the different claims made by Kessler’s defence astir improper evidence.

“If those statements had been suppressed, it could’ve been a snowball effect suppressing a tremendous amount,” Nichols said.

The justice recovered that deputies had probable origin to apprehension Kessler connected the expansive theft of a centrifugal conveyance complaint based connected surveillance video evidence, and frankincense the statements she made and the grounds seized astatine the St. Johns County jailhouse lawfully obtained.

The justice ruled the warrant to hunt Kessler’s car was lawful, arsenic that hunt was done six days aft Cummings disappeared and investigators had established Kessler’s “probable criminality” successful her death.

Nichols said that portion helium agrees with the judge’s determination to proceed to see the grounds Kessler’s squad wanted to beryllium thrown out, it truly could person gone either mode connected Miranda rights.

“It is not arsenic chopped and adust arsenic you whitethorn guess,” Nichols said.

If Kessler is recovered guilty, her attorneys tin entreaty the verdict connected the grounds of the grounds rulings.

Kessler’s proceedings is inactive scheduled for December. Her pretrial proceeding has been moved to Oct. 28.

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