Last year, Kimberly Kessler told police she didn't know where Joleen Cummings’ body is. Tuesday, she was found incompetent to stand trial.
"To be found incompetent, and for the parties to agree, there has to be pretty severe mental health issues going on. It's not something they take lightly," said Janet Johnson, a defense attorney.
Johnson says that there are guidelines for ruling incompetency.
"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," Johnson added.
Johnson says that court recognized doctors conduct competency tests.
“They have a battery of tests that they administer, some like any psychiatric test to come up with a diagnosis,” Johnson added.
She also adds that it’s possible to malinger or trick the doctors into thinking a patient is incompetent.
But she feels it’s unlikely.
Measures are taken to prevent that from happening.
"So if the state of Florida says, 'the defense got this doctor to say she's incompetent, but we don't agree with that because we think she's faking it. We want her examined by our doctor...' that happens all the time," Johnson said. "If both doctors agree, there's nothing to fight about anymore."
Kessler will be placed in Florida State Hospital where the Department of Children and Families is helping her get treatment.
Johnson explains why they would help.
"They might step in and say 'we have competency training that we provide, we'll provide the plan that is going to be used to restore her to competency,' Johnson explained.
That must be done within five years so Kessler can stand trial, which Johnson believes is still a possibility.
"It might be a short trip," Johnson said. "She might come back in a few months and the case will start up again. I don't necessarily see this as five years will go by and the charges will be thrown out. I think that's unlikely."
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