Kimberly Kessler’s attorneys file motion for new trial

NASSAU COUNTY, Fla. – Lawyers for Kimberly Kessler, the woman found guilty of first-degree murder in the death of her Nassau County salon co-worker, has filed a motion for a new trial.

A jury came back with the guilty verdict in the death of Joleen Cummings on Dec. 9. The body of Cummings, who disappeared in 2018, has never been found.

In the motion, the defense says Judge James Daniel made 12 errors in the conduct of the trial, including:

• Denying repeated defense requests for a new competency hearing for Kessler, who rejected every chance to participate in the trial
• Denying multiple defense motions to suppress evidence
• Allowing prosecution testimony the defense says was hearsay
• Not allowing the defense to tell the jury methamphetamine was found in Cummings’ purse during jury instructions

The jury that convicted Kessler of first-degree murder never saw her during the trial, which lasted two weeks. She was repeatedly removed after making outbursts in court during pretrial hearings, and during her trial, she was removed just moments after being brought in to the courtroom for the same reason.

Kessler is scheduled to be sentenced Jan. 27.