Kimberly Kessler is competent to face court proceedings for the murder of Joleen Cummings, according to state psychologists who evaluated her.
Kessler is charged with first-degree murder of Cummings – a Yulee hairstylist and mother of three last seen on Mother’s Day in 2018.
Kessler was declared mentally incompetent to stand trial in July and sent to Florida State Hospital.
In a letter last week to Circuit Judge James Daniel, the Florida Department of Children and Families said, "the treatment staff are of the opinion that this resident is competent to proceed and no longer meets the criteria for involuntary commitment."
Doctors also filed Kessler's mental evaluation report with the court, but that document is confidential under state law.
Attorney Janet Johnson explains that determining a criminal defendant's mental competency is a layered process. "There's strict criteria, and basically you have to determine whether the person understands the adversarial nature of what's going on, can behave in court, can assist her attorney," she said.
Johnson noted that it’s possible for a patient to malinger or trick doctors, but that it is not easy. An incompetency determination does not mean a defendant is released; rather they are sent to involuntary confinement in the state's psychiatric hospital in Chattahoochee, Florida
A hearing must be held within the next 30 days -- with Kimberly Kessler present -- to evaluate the next steps in the court process. A court date has not been set.