Lawyers for Nassau County murder suspect fighting release of new evidence

The Nassau County Clerk of Courts filed a new motion to gain access to new information in the case of missing mother Joleen Cummings.

RELATED: New evidence connected to Kimberly Kessler released
DOCUMENTS: Kessler admitted to being fugitive bank robber

It has been nearly six months since Cummings went missing. 

The new motion argues for the “discovery information” collected by prosecutors should be made public.

Action News Jax Law and Safety Expert Dale Carson said it would be unusual if the judge ruled against this type of motion.

“There’s no question that the discovery material is a matter of public record, and to keep it away from the public is probably a violation of our rights,” Carson said.

Carson said there are two possible motives the defendant’s attorney would have to keep this information private -- for the best interest of the client in a possible trial or to avoid a mistrial.

“One, they want to hide that evidence, so they don’t contaminate the jury pool,” Carson said. “The other one is tactical because they don’t want to not do things they should be doing to protect her interests, because if the defense fails to do that it could come back on a retrial.”

Kessler’s next court hearing is scheduled for next week.

Cox Media Group