Comments suggesting whether or not Kimberly Kessler should be put to death, as well as critiques of her mental health, were among those introduced during testimony in Nassau County court on Tuesday.
The hearing didn't cover the substance of the case against Kessler, also known as Jennifer Sybert. Kessler was charged with premeditated first-degree murder in of Joleen Cummings, a Nassau County mother of three who went missing last May.
Instead, it was a hearing to discuss a dispute between local media and Kessler’s defense team. Kessler’s lawyers previously sought to block the release of public records in the case, known as discovery, until those records have been reviewed by a judge.
To support their case, defense attorneys introduced testimony about “almost daily” news reports on the case and argued that the release of discovery materials in the case would deprive Kessler of her right to a fair trial and an impartial jury.
Local media outlets including Action News Jax and News 4 Jax argued that withholding the records is not warranted. Case law sets the bar high in such cases, requiring a real threat of harm to a defendant. Legal precedent also requires that the courts employ the least restrictive method for protecting a defendants rights and that the media’s rights to information be abridged only as a last resort.
First Coast News is not a party to the case but supports the efforts of local media outlets.
Arguments are continuing before Judge James Daniel.
Kessler was charged with her murder in September. Cummings' body has yet to be recovered.
Kessler, who worked with Cummings, was arrested on grand theft charges back in June. She was the prime suspect in Cummings' disappearance. While in jail, detectives learned that Kessler had used 18 different aliases and lived in 33 different cities.
Cummings' mom, Anne Johnson spoke after today's hearing.
“It has been 255 days, 255 days, is there such a thing as closure? No. No such thing but I’d like to bring my daughter home,” Johnson said.
“There are no words, like I said there’s a warrior within, and I’m carrying Joleen with me,” she added.
“I have faith in the judicial system, I know this will take time, but I believe justice will prevail,” Johnson told First Coast News.
Another hearing is scheduled in two weeks to discuss whether certain documents can be released on the case.
Stay with First Coast News as this story develops.