Lawyers for Kimberly Kessler are asking a higher court to throw out her conviction in the murder of her hair salon coworker, Joleen Cummings.
In the court filing, her attorneys claim Kessler was never competent to stand trial — and are not asking for a new trial but for new proceedings.
Kessler was first ruled not competent for prosecution in 2019 and remanded into the custody of Florida’s Department of Children and Families. Two subsequent mental competency hearings, both in 2020, and the determination of the trial judge, deemed Kessler to have a personality disorder but was competent for prosecution.
In the latter two evaluations, Kessler claimed to believe she was being “gassed” while in the Nassau County jail, and that “Hitler was involved in her poisoning.” The lawyers say Kessler “was obsessed with the idea that she was somehow entangled with the FBI and appeared disappointed that the bureau was no longer interested in her.”
The lawyers conclude that Kessler’s “right to due process was violated when she was tried while incompetent.”
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