NASSAU COUNTY, Fla. – Lawyers for Kimberly Kessler have filed another motion to have physical evidence in her Nassau County murder case thrown out.
Kessler is charged in the death of her co-worker Joleen Cummings in 2018, who she worked with at Tangles Hair Salon. Her body has still not been found.
Kessler was arrested at a rest stop in St Johns County, where deputies said they found her asleep in her car. At the time, she was only charged with stealing Cummings’ SUV. A search warrant allowed investigators to seize as evidence the clothes Kessler was wearing, fingernail scrapings and to do a gunshot residue test on her hands.
The new defense motion calls the warrant “unlawful.” Kessler’s lawyers argue that “the items sought… far exceed the scope of materials that could be accessed in relation to the offense of grand theft auto. There were no allegations in the affidavit for the search warrant that the stolen vehicle contained any evidence of DNA or physical struggle.”
The defense is asking that all those items and any samples generated from those items be suppressed.
It wasn’t clear at the time, but Nassau County investigators say they had already found blood evidence inside the Tangles Salon where it’s believed Cummings was killed.
While the warrant sought a gunshot residue test on Kessler’s hands, there’s never been any suggestion in court documents that Cummings was shot to death.
Kessler is awaiting a trial that could take place in the springtime. Her next court hearing is Dec. 17.