Kessler’s attorneys suggest new theory surrounding Cummings’ disappearance

A caller question by lawyers for Kimberly Kessler, who is accused of sidesplitting her co-worker Joleen Cummings, suggests Cummings could person go “physically violent” with Kessler successful an ongoing quality implicit drugs successful the Tangles Hair Salon successful Nassau County wherever some women worked.

The defence is besides accusing the prosecution of withholding grounds that Cummings had drugs successful her purse astir the clip she disappeared.

Kessler is scheduled to spell connected proceedings Nov. 29 successful the sidesplitting of Cummings.

The defence is asking the justice for a proceeding connected the cause grounds and has besides filed yet different question for a intelligence competency review.

The defence contends the authorities knew successful 2019 that a tiny container of methamphetamine was recovered successful Cummings’ purse, but “intentionally and willfully failed to supply the results” to the defence until past week. In the caller motion, the defence besides points to the find of a tiny container of an chartless achromatic powdery substance recovered astatine Tangles. The question says Kessler “kept making a large woody astir it,” and kept “complaining of this successful the beingness of Joleen Cummings.” That 2nd tiny container has not been confirmed to beryllium meth. But the defence says this is important caller accusation that needs to beryllium explored.

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“It is the defence mentation of the lawsuit that Ms. Kessler’s complaints astir drugs successful the hairsbreadth salon angered Joleen Cummings and was an ongoing root of contention successful the workplace. Evidence of specified behaviour could found a motive for Joleen Cummings to go physically convulsive with suspect Kessler,” the question reads.

The question points retired that determination had been a “fairly convulsive fight” astatine Tangles and that humor from some women was recovered passim the salon.

The defence has ne'er acknowledged that Cummings is dormant and her assemblage has ne'er been found.

Kessler has had 3 intelligence competency evaluations. She was ruled not competent for prosecution successful the archetypal 1 successful 2019. But Judge James Daniel recovered she was competent for prosecution — successful 2020 and earlier this year. Last week, helium denied a defence question for a 4th intelligence competency evaluation.

The defence filed its latest petition Monday. In the caller question for a intelligence competency valuation for Kessler, her lawyers accidental she has “repeatedly refused to cooperate with counsel oregon adjacent speech with counsel to assistance successful her defense.”

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They accidental she “does not person the capableness to enactment successful the defence of the charges herein, arsenic grounds by each of her caller tribunal appearances” and “it is abundantly wide that suspect is not capable to disclose to counsel facts pertinent to the proceedings astatine issue, and is not capable to manifest due courtroom behavior.”

The defence points retired the First District Court of Appeals has precocious held that proceedings judges “have a work to name a neutral adept to measure a defendant’s competency erstwhile determination are tenable grounds to fishy the suspect is not competent to proceed.”

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