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Accused killer Kimberly Kessler seeks to suppress 'reddish brown stains' found on boots

Kimberly Kessler’s attorneys filed an 8th and 9th motion to suppress, saying the evidence derived from warrantless searches and illegal detention

NASSAU COUNTY, Fla. — *The video above is from Kimberly Kessler's court appearance on Oct. 20, 2020.

Attorneys for a woman accused of killing a Nassau County hairstylist in May 2018 have filed two new motions to suppress evidence in the case.

The motions target items taken from Kimberly Kessler’s storage facility in Fernandina Beach, and include laundry, police photographs of the unit and 5 swabs of “reddish brown stain” found on a pair of boots.

Kessler, 52, is accused of killing Joleen Cummings, a 34-year-old mother of three who was last seen on Mother’s Day in 2018. Kessler worked for Cummings at Tangles, a Yulee hair salon, until Cummings' disappearance. Kessler was arrested several days after she was reported missing for allegedly stealing Cummings’ SUV. She was subsequently charged with her murder.

According to the new motions, the search of Kessler’s storage facility on Sadler Road in Fernandina Beach was conducted using a search warrant based on information obtained through prior warrantless searches and Kessler’s illegal detention.

Seven earlier motions have sought to suppress evidence and statements Kessler made the night she was arrested, claiming she was located through unlawful use of cellphone site technology, illegally detained by police, and questioned without being read her Miranda rights or informed she was a suspect in a homicide investigation. When search warrants were obtained from a judge, the filings say, the warrants were based on that “unlawfully obtained evidence.”

 As with previous motions, the current two say that any evidence gathered as a result is inadmissible.

Kessler, who also went by the alias Jennifer Sybert, has tried repeatedly to fire her Public Defenders, claiming that one of them is related to Cummings' mother, Ann Johnson. The judge in the case has found that claim baseless.

Kessler’s mental competence has been an issue since her arrest. Following a two month hunger strike, records show Kessler weighed just 89 pounds and was considered on the brink of death. However, in testimony, guards and hospital personnel testified Kessler ate when she was not a the Nassau County Jail – and would in fact “binge” eat and drink until she was returned to jail. Kessler has asserted she believes her jailers are poisoning her food.

Kessler is due back on court Thursday.

Credit: WTLV WJXX
Kimberly Kessler berates her attorneys at a hearing.
Credit: Kimberly Kessler
Kimberly Kessler, also known by the alias Jennifer Sybert, is accused of killing her coworker at Tangles Hair Salon, Joleen Cummings

 

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