The legal defense team of a woman accused of murder is attempting to exclude a forensic anthropologist from testifying, stating that prosecutors did not disclose an expert report which examined whether or not a human body could be dismembered by an electric carving knife.
Kimberly Kessler is accused of the May 2018 murder of her former coworker, Joleen Cummings. Forty-three-year-old Cummings, a Yulee, Florida hairstylist and mother of three, was initially reported missing by her mother after no contact or response from her daughter for over 48 hours. Since that time, various agencies including the Nassau County Sheriff’s Office and the FBI have been conducting an ongoing search for her body.
Nausea County Walmart surveillance footage has shown Kessler purchasing an electric carving knife, along with black trash bags and ammonia, around the time of Cumming’s disappearance. At the time of her arrest, Kessler was found with a variety of scratches on both her face and hands. Cummings, last seen on May 12, 2018, is presumed to be dead, although her body has still not been found. Kessler has pleaded not guilty to first-degree murder with a trial date scheduled for December 6, 2021.
During the recent pre-trial hearing, Kessler became agitated and was quickly removed from the courtroom after a verbal outburst. She has demonstrated a pattern of verbal outbursts and subsequent removals from the courtroom. Kessler’s mental competence has been an ongoing question and concern during the case. Kessler reportedly does not communicate or work with her public defenders.
Kessler’s defense attorneys want the expert testimony in question, which was submitted by forensics anthropologist and Florida Gulf Coast University professor Dr. Heather Walsh-Haney, to be excluded. Kessler’s defense attorneys say that the prosecution failed to appropriately disclose the testimony.
According to the defense motion, prosecutors hired the expert witness to explore the hypothesis that a “Black + Decker 9-inch electric carving knife would not cut through human bone at the neck and extremities due to the weakness of the knife motor and the fragility of the blade.” Walsh-Haney “perform[ed] an experiment on a human cadaver,” and created a report, “Postmortem Dismemberment Experiment Using a Human Cadaver.” The video-recorded experiment confirmed that the electric knife could dismember a corpse.
Walsh-Haney completed the report in May 2019. However, the state did not disclose Haney as a witness or provide a copy of the report until recently. The defense team motion states that this was “less than 5 weeks before this case is set to begin a jury trial” and that this left the defense lawyers without appropriate time to “properly review and challenge” the expert report nor to employ “an expert of its own to review her methodology and conclusions.” The defense’s motion requests that the court punish the State Attorney’s Office for these failures and argues that Walsh-Haney’s expert testimony should be disallowed.
Kessler’s case is before Judge James H. Daniel in Nassau County Circuit Court in Florida.