McKay Bay Defendant Robert Kessler Tells the Judge He Won't Testify as the State Cites 23 Felonies

On Day 5, Robert Kessler had one chance to tell his McKay Bay murder jury his own side of it. Then the State said the number 23. This is the State of Florida v. Robert Kessler, the McKay Bay case out of Tampa. Kessler is charged with first-degree premeditated murder in the death of Stephanie Crone-Overholts, whose remains were recovered from McKay Bay. Over five days this jury has heard from fishermen on the bridge, divers in the bay, crime scene techs with Bluestar and a detective who says Kessler talked to him on the phone. Now the State has rested. Right before this clip opens, the defense moved for a judgment of acquittal on count one. Their point: nobody knows how the wounds happened or how much time passed between them, and everything the State calls consciousness of guilt fits second-degree murder or manslaughter just as well. You hear the prosecutor answer it. The girl picked up early from gymnastics. The six-mile drive into Tampa. The girl told to stay in the van. The yelling. What was done to Stephanie afterward, and no call to law enforcement. Then the judge says two words. Motions denied. A denial there is not a finding of guilt. The judge is only asking whether, read in the light most favorable to the State, there is enough for a jury to decide premeditation. That fight now belongs to the jury. Then the room waits while a deputy brings Kessler out. He is sworn, and the judge gives him the talk every defendant is owed: there is no one on this earth that can stop you from testifying except yourself, and once the trial is over you can't go back and change it. Kessler's answers get tangled. He tells the judge he was told he can only answer questions from his lawyer and the district attorney. The judge slows down, tries it a different way, and gets an answer. Then the judge does something careful. The prosecutor is asked how many prior felony convictions the State could bring up if Kessler took the stand. Twenty-three. The jury would only ever hear the number, never what the crimes were, the judge explains, and asks Kessler one more time. He does not want to testify, and he would rather go back to the jail than sit and watch the rest of the day. Here is what I want you to sit with. A man who believes he can only answer his own lawyer and the prosecutor is a man the court has to be sure of before it takes that waiver. Watch it and decide whether you think the judge got there. And the flip side: because Kessler won't testify, this jury never hears the number 23 at all. We are not the jury. Only those jurors decide whether the State proved premeditation. --- KEY MOMENTS 0:00 What this video is, and a preview 0:47 Video starts: The State answers the motion with its case for premeditation 2:32 The judge denies the motion for acquittal 3:31 Kessler is sworn and the judge explains his right to testify 6:18 Kessler gives the judge his decision 7:01 The State puts 23 felony convictions on the record --- COMPLETE CASE COVERAGE justiceisaprocess.com SUBSCRIBE for daily trial coverage. CASE BACKGROUND REPORT: https://justiceisaprocess.com/fl-v-ro... The full case overview: the charges, the timeline, the people involved, and the legal questions this trial raises. State of Florida v. Robert Lee Kessler. Thirteenth Judicial Circuit, Hillsborough County, in Tampa, Florida. Robert Kessler is charged with first-degree murder and abuse of a dead human body in the death of Stephanie Crone-Overholts, whose remains were found in McKay Bay in November 2021. He has pleaded not guilty and is presumed innocent until the State proves each charge beyond a reasonable doubt. Only the jurors decide. LATEST ARTICLE: https://justiceisaprocess.com/desk-20... PLAYLISTS AND RESOURCES Website: https://justiceisaprocess.com/coverag... Full Trial Live Broadcasts:    • FL v. Robert Kessler: Full Trial Live Broa...   No Breaks Edition:    • FL v. Robert Kessler: No Breaks Edition   Case Story Trial Podcast:    • FL v. Robert Kessler: Case Story Trial Pod...   Key Moments and Testimony:    • FL v. Robert Kessler: Key Moments & Testimony   Commentary:    • FL v. Robert Kessler: Commentary   Subscribe for Daily Coverage:    / @justiceisaprocess   FAIR USE AND EDUCATIONAL PURPOSE This content is produced under Fair Use (17 U.S.C. 107) for news reporting, criticism, and educational purposes. We provide transformative commentary on public court proceedings, advancing public understanding of the judicial process through timestamps, analysis, and educational context. #JusticeIsAProcess #McKayBay #RobertKessler #StephanieCroneOverholts