JACKSONVILLE, Fla. — An inmate charged with first-degree murder is on the brink of starvation, according to an emergency petition filed Monday by Nassau County Sheriff Bill Leeper.
Kimberly Kessler needs "forced nutrition" to remain alive, the emergency petition states, but a judge must decide who is responsible for seeking that medical intervention.
Kessler is charged with the murder of Joleen Cumming, a Yulee hairstylist and mother of three, in 2018. Her mental competence has been much debated since her arrest, but after initially being deemed mentally incompetent, Circuit Judge James Daniel in March found her competent to stand trial.
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Kessler could be force fed at a mental institution, but her Nassau County jailers are neither equipped nor trained to do so. According to Leeper's court filing, she weighs just 89 pounds and is at imminent risk of dying.
Just who has the legal responsibility to prevent her death is not clear. According to Leeper's petition, the Public Defender's Office says it is barred from practicing civil law, and since force feeding would require a court order, it does not have a role in seeking a petition. The State Attorney’s Office has also declined to assume that responsibility.
In his petition, Leeper asks the court to declare who is responsible. Alternatively, he asks the court to directly intervene and send Kessler to the nearest hospital for "involuntary provision of food, water, sustenance" and whatever care is needed to keep her alive.
Circuit Judge James Daniel will take up the issue of Kessler's sanity again at a hearing on Monday. There is no court date set for the sheriff’s emergency petition.
