Filing # 153950460 E-Filed 07/25/2022 10: 16 AM | IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR NASSAU COUNTY. FLORIDA. CASE NO.: 2018-CF-815-AXXX DIVISION: CFN STATE OF FLORIDA vs. KIMBERLY KESSLER alk/a JENNIFER SYBERT MOTION TO INTERVIEW JUROR: COMES NOW Defendant, Kimberly Kessler a/k/a Jennifer Sybert. by and through undersigned counsel, and moves this Honorable Couft to enter its Order directing that jurors be interviewed under oath as to matters brought up in deliberation which were outside the evidence and which indicated a previously uiidisclosed knowledge of the case. and as grounds therefore would show: 1. Kimberly Kessler was tried for the offenses of first-degree murder and grand theft auto during the weeks of November 30 and December 3. 2021: she was convicted of both counts. 2. Upon motion of the defense, the Court conducted individual and sequestered voir dire of jurors regarding their personal knowledge of the case due to the extensive publicity surrounding the case for the three and one-quarter years preceding the trial 3. During voir dire, the jurors who were ultimately selected to try the case indicated they had no knowledge of the case due to local publicity and were unaware of the facts surrounding the case and/or Defendant Kimberly Kessler. None of the jurors selected for the Electronically Filed Nassau Case # I8CF00081SAXYX 07/25/2022 10:43:16 AMState v Kimberly Kessler ‘a/kla Jennifer Sybert Motion to Interview Jurors Page 2 panel indicated they had any knowledge of Ms. Kessler's mental condition. or if they did. they agreed they would set it aside and not allow it to influence their deliberations, 4. Ina news article reported by WJXT News in Jacksonville dated December 21, 2021, a juror was reported as saying that Defendant Kessler tried to convince everyone she was incompetent but that the jury rejected that. A copy of a portion of that news article is attached hereto as Exhibit “A.” 5. If.any juror knew of the fact that Kessler ha been declared incompetent, or that she had continued to raise the issue of competence and Hailed to disclose that is voir dire while under oath, a miscarriage of justice which warrants a new tvial has"@ccurred. If the question of Defendant's competence was discussed in the jury rooms it was improper. and resulted in the denial of Defendant’ right to a fair tril 6. This Court should recall the jurors for questioning under oath as to both the subject truthfulness during voir dire and of improperly considered evidence during deliberation WHEREFORE, counsel prays this Court continue the sentencing hearing scheduled for . 2022, and convene a hearing to inquire of the jurors regarding these issues.State v Kimberly Kessler a/W/a Jennifer Sybert Motion to Interview Jurors Page 3 I HEREBY CERTIFY that a copy of the above and foregoing Motion has been furnished to the Office of the State Attorney, electronically, this AO day of July. 2022 Respectfully submitted, CHARLIE COFER PUBLIC DEFENDER BY Teresa}. Sopp #2 Assistant Public Deterkfer 407 N Laura Street Jacksonville, FL 32202 ' Gsopp.x pdcai.net ISSO (904) 255-4836