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In October 2023, within the courtroom of Decide Jennifer Dorow, 39-year-old Jessy Kurczewski went on trial for the intentional murder of 62-year-old Lynn Hernan, together with two counts of felony theft for stealing from Hernan — somebody who’d all the time considered Kurczewski as a beloved buddy.
5 years earlier, Kurczewski referred to as police and instructed them she discovered Hernan lifeless, sitting in her recliner, in the lounge of her Pewaukee, Wisconsin rental. Kurczewski had been caring for Hernan, who had critical medical issues.
THE TRIAL OF JESSY KURCZEWSKI
The prosecutors for Waukesha County have been Deputy District Legal professional Abbey Nickolie and Assistant District Attorneys J.J. Crawford and Randy Sitzberger.
RANDY SITZBERGER (in court docket): Good afternoon, everybody. … So, that is Wisconsin versus Jessy Kurczewski. Stated in any other case, it is a case of homicide, greed and lies. … you are going to see that, in or about October 3, 2018, Lynn Hernan turned price extra lifeless than alive to Kurczewski .
Stephanie Rodriguez: Prosecutors instructed the jury … that this case was about somebody who needed cash.
Stephanie Rodriguez lined the trial for the CBS affiliate in Milwaukee.
Stephanie Rodriguez: And prosecutors stated … that that is why she was caring for her. Not as a result of she genuinely cared, however that Jessy needed the cash in her checking account.
RANDY SITZBERGER (in court docket): Between January of ’16 and October 3 of 2018, Ms. Kurczewski was capable of steal $144,000-plus from Lynn Hernan whereas she was nonetheless alive.
Stephanie Rodriguez: After which she needed Lynn lifeless to get the cash from her property.
RANDY SITZBERGER (in court docket): Lynn Hernan was … lifeless at solely 62 years outdated from a tetrahydrozoline poisoning after the defendant gave her a bottle laced with Visine eye drops to drink.
However the protection introduced Kurczewski as a detailed buddy who took care of Hernan — who they claimed was depressed about her declining well being.
PABLO GALAVIZ (in court docket): This case is extraordinarily vital to Jessy. … She’s presumed harmless. … And do not ever let that thought depart your thoughts, that she’s presumed harmless.
At trial, Kurczewski was represented by protection attorneys Pablo Galaviz and Donna Kuchler.
PABLO GALAVIZ (in court docket): Here is an image of Lynn and Jessy, a commencement get together that Lynn threw for Jessy, highschool.
On the point out of her shut relationship with Hernan, Kurczewski instantly teared up.
PABLO GALAVIZ (in court docket): “That is my daughter,” she’s so proud …
PABLO GALAVIZ (in court docket): That is who Jessy is to Lynn, her daughter …
Kurczewski had recognized Hernan since childhood, by means of her mom, Jennifer Flower.
PABLO GALAVIZ (in court docket): Jennifer’s like her greatest, greatest buddy. And Jessy turned her greatest, greatest buddy.
Hernan, who labored most of her life as a hairdresser, by no means married, and lived alone. Then, within the two years earlier than her demise, her well being quickly declined.
Stephanie Rodriguez: There have been instances the place Lynn would fall in her residence, and Jessy must go and assist her rise up.
Hernan additionally had lung illness, hypertension and extreme gastrointestinal points which docs have been by no means capable of totally diagnose. She had been out and in of the hospital a number of instances within the yr earlier than she died.
Stephanie Rodriguez: Jessy was all the time with Lynn as a result of she turned her full-time caretaker, basically. … Jessy would do the grocery searching for Lynn. Jessy paid Lynn’s payments.
PABLO GALAVIZ (in court docket): Jessy was the one particular person she trusted.
The protection instructed the jury that as Hernan’s well being additional deteriorated, she turned despondent.
PABLO GALAVIZ (in court docket): And also you noticed the best way she was executed up with the hair and nails and jewellery, she did not appear to be that anymore. … She did not need any extra guests as a result of she did not look, in her thoughts, the identical.
The protection argued that on Oct. 3, 2018, Hernan was bored with being sick, and determined to take her personal life.
PABLO GALAVIZ (in court docket): After they arrived on the scene … They discovered quite a lot of empty prescription bottles. … They usually cannot see that as a suicide? … She’s harmless. Discover her not responsible.
One of many first orders of enterprise for prosecutors was to determine the reason for demise. Former Waukesha County Deputy Medical Examiner Tabitha Kukes talked to jurors about these footage she took when she arrived at Hernan’s rental.
TABITHA KUKES (in court docket): It is a closeup of the treatment bottles that have been on to her left … There’s further medicines which are current, some with out their caps on.
Kukes had photographed a number of medicines scattered on the carpet, in addition to a white powder on a plate, and on Hernan’s chest. Protection legal professional Kuchler suggests the powder was spilled by Hernan herself.
DONNA KUCHLER (in court docket): Jessy instructed you it was frequent for Lynn to crush medicines due to her issues swallowing.
TABITHA KUKES: That is what she instructed me.
Jurors heard from Chief Medical Examiner Dr. Lynda Biedrzycki who testified about these images taken in Hernan’s lounge. She stated the tablets and powder scattered on the scene did level to a possible suicide.
DR. LYNDA BIEDRZYCKI (in court docket): There was a thought that possibly there was a — an ingestion was a risk for the reason for demise.
However earlier than saying the reason for demise, Dr. Biedrzycki waited to see the outcomes from the toxicology assessments. When she obtained them weeks later, she was in for a shock.
DR. LYNDA BIEDRZYCKI (in court docket): There was a substance that I used to be — uncommon … an uncommon discovering that I hadn’t seen in a report from their, uh, facility earlier than. It was, uh, referred to as tetrahydrozoline.
Dr. Biedrzycki started her personal analysis on tetrahydrozoline, a drug present in some over-the-counter eye drops.
DR. LYNDA BIEDRZYCKI (in court docket): It is a, um, a substance that I have not seen in a toxicology report earlier than. … it isn’t speculated to be within the blood.
However how did it get there?
DEATH BY EYE DROPS
Medical Examiner Dr. Lynda Biedrzycki instructed the jury it was in late September 2019, virtually a yr after Lynn Hernan’s demise, that she revealed her official conclusion about how Hernan died.
DR. LYNDA BIEDRZYCKI: The reason for demise I decided was tetrahydrozoline poisoning.
And Biedrzycki dominated that Hernan didn’t intentionally drink a deadly dose of eye drops.
DR. LYNDA BIEDRZYCKI: How this damage occurred is that she was given tetrahydrozoline by one other, which is why I referred to as it a murder.
Stephanie Rodriguez: The assumption that Lynn Hernan was given tetrahydrozoline by one other exhibits that she was given this unsuspectingly. She did not know that she was ingesting tetrahydrozoline when she did it.
The protection challenged the medical expert’s findings.
DONNA KUCHLER (in court docket): These are all of the medication that have been present in Ms. Hernan … proper?
DR. LYNDA BIEDRZYCKI: Appropriate.
Stephanie Rodriguez: Toxicology studies confirmed that Lynn had not less than eight pharmaceuticals in her system, a few of which Lynn was not speculated to be taking on the time as a result of these medicines had been discontinued by Lynn’s docs.
DONNA KUCHLER (in court docket): And these have been all in her blood, which implies they’d already been ingested and made it into the blood stream.
DR. LYNDA BIEDRZYCKI: True.
Biedrzycki stated that in her willpower, these medicines, together with a few of Hernan’s medical situations, contributed to however didn’t cause Hernan’s demise.
Stephanie Rodriguez: The medicines present in Lynn’s physique have been all at therapeutic ranges.
DONNA KUCHLER (in court docket): Your conclusion was that she died from the tetrahydrozoline, proper?
DR. LYNDA BIEDRZYCKI: That — Sure.
However the protection requested how might the medical expert be so sure Hernan didn’t ingest the attention drops on her personal?
DONNA KUCHLER (in court docket): You do not know as you sit there in the present day whether or not she voluntarily ingested that.
DR. LYNDA BIEDRZYCKI: It was my opinion she did not, however data of her motion, no.
DONNA KUCHLER: You were not there.
DR. LYNDA BIEDRZYCKI: I wasn’t there.
On redirect, Deputy D.A. Nickolie requested concerning the powder discovered on and close to Hernan’s physique.
ABBEY NICKOLIE (in court docket): What do you suppose occurred?
DR. LYNDA BIEDRZYCKI: I believe that they could have been deposited there.
Stephanie Rodriguez: The medical expert believed that Lynn Hernan’s physique was staged to appear to be an overdose, as a result of … toxicology studies confirmed that not one of the crushed up treatment that was discovered on Lynn Hernan and subsequent to her was really in her system.
The next day, the jury heard from a few of Hernan’s pals.
RANDY SITZBERGER (in court docket): Do you know Lynn Hernan?
JIM KELLIHER: Sure, I did.
Jim Kelliher met Lynn Hernan at a music pageant in 1983, when she was 27.
Jericka Duncan: What was your first impression?
Jim Kelliher: {That a} woman that seemed that good would not exit with me (laughs).
However Hernan stated sure and their romantic relationship lasted 10 years. Even after it ended, they remained shut pals.
Jim Kelliher: Lynn was a fantastic woman. … in and out, she was stunning.
Kelliher says he by no means met Kurczewski till proper after Hernan died.
Jim Kelliher: I get a telephone name from Jessy and she or he says, I’ve some unhealthy information. Lynn … dedicated suicide. … and by the best way, uh, we’re gonna have a dinner for her on the thirteenth on the Open Flame Restaurant.
Jericka Duncan: She stated in a single sentence —
Jim Kelliher: Appropriate.
Jericka Duncan: — your pricey buddy died by suicide.
Jim Kelliher: Proper.
Jericka Duncan: The following sentence, she tells you there’s gonna be a dinner in her reminiscence.
Jim Kelliher: Proper …
Jericka Duncan: What did you make of that?
Jim Kelliher: Effectively, I did not — I form of did not imagine her proper off the bat. She wasn’t crying.
On the stand, Kelliher says he did not imagine Hernan would have taken her personal life.
RANDY SITZBERGER (in court docket): Did you ever hear Lynn say something to you about considering of killing herself?
JIM KELLIHER: No, I didn’t. … She … by no means, by no means gave me the indication of suicidal. By no means.
He stated that regardless of her rising frustration together with her well being issues, Hernan would nonetheless go to him and his girlfriend at their residence.
JIM KELLIHER (in court docket): She’d convey treats and stuff … She would say she bought abdomen aches or no matter, and she or he would all the time depart.
However the protection questioned whether or not Kelliher actually knew a lot about Hernan’s well being struggles. Within the final yr of Hernan’s life, she’d been out and in of the hospital, discharged the ultimate time simply 5 days earlier than her demise.
PABLO GALAVIZ (in court docket): Did you provide to go over there and care for her cat when she was within the hospital?
JIM KELLIHER: No, I didn’t …
PABLO GALAVIZ: You did not go go to her — ?
JIM KELLIHER: No, I didn’t.
Prosecutors additionally referred to as Koreen Pozza.
Koreen Pozza: We’re greatest pals for about 35-plus years.
They usually referred to as Koreen Pozza’s son Anthony Pozza, who says he all the time had a particular bond with Hernan since childhood.
Jericka Duncan: What did you name Lynn?
Anthony Pozza: Auntie Lynnie.
Anthony Pozza says he stayed near Hernan, often dropping by her rental whereas he attended faculty close by.
Anthony Pozza: I beloved doing stuff together with her. … you recognize, thrift retailer buying … you recognize, that was a date we’d go on is go thrift retailer buying.
RANDY SITZBERGER (in court docket): Do you recall when the final … dialog you had with Lynn was?
ANTHONY POZZA: The final time I noticed Lynn was a month earlier than she handed away,
Anthony Pozza testified that regardless of her medical troubles, Hernan gave the impression to be enhancing.
ANTHONY POZZA (in court docket): She stated she was beginning to really feel higher, and … and she or he’s like … I am fin — you recognize, I am glad I am getting out once more, and, you recognize, we have to do that extra typically.
Prosecutors requested Waukesha County Sheriff’s Detective Chris Kohl about his investigation into Hernan’s demise.
ABBEY NICKOLIE (in court docket): Did you communicate with Ms. Kurczewski in regard to this demise investigation?
DET. CHRIS KOHL: Sure. … She contacted our workplace on the lookout for an replace.
Prosecutors launched video of that assembly with Detective Kohl. He testified that 5 months after Hernan died, earlier than the medical expert had dominated on the reason for demise, Kurczewski got here to the sheriff’s division together with her mom, Jennifer Flower, asking questions.
JESSY KURCZEWSKI (police interview): , after I talked to the medical expert final, um, effectively, I talked to them quite a few instances … They usually stated, I needed to contact you guys … they kinda like, weren’t positive we — did not know if it was a suicide or if it was one thing medical …
DET. CHRIS KOHL: So, at this level, I imply, they’re ready for his or her — their secondary, their — they name ’em confirming assessments.
JESSY KURCZEWSKI : Yeah.
Throughout that interview, Kohl came upon extra about Kurczewski’s relationship with Hernan.
JESSY KURCZEWSKI (police interview): She was like an aunt, a second mother to me. She did not have children.
DET. CHRIS KOHL: So you have recognized her your complete life? And that is kinda — that is why you have been serving to her out?
JESSY KURCZEWSKI: Yeah.
Kurczewski stated she was nearly the one particular person nonetheless in Hernan’s life earlier than she died.
JESSY KURCZEWSKI (police interview): She just about blew everyone off doable in the long run. … she’d say ‘No, I do not wish to see anyone.’
In accordance with Kurczewski and her mom, Hernan was so withdrawn she didn’t wish to speak to her buddy Jim Kelliher when he referred to as.
JENNIFER FLOWER (police interview): She stated, “Don’t inform him. I do not need him right here. I do not wish to see him.”
JESSY KURCZEWSKI (police interview): She did not like the best way she seemed, so she did not need folks round.
However that is not how Kelliher remembers what occurred when he and his girlfriend referred to as Hernan’s quantity.
Jim Kelliher: Effectively, this woman answered the telephone, and she or he was form of mouthing off to us, “do not use this telephone, do not name this quantity ever once more, don’t be concerned about Lynn.” …
Jericka Duncan: And also you’re considering what?
Jim Kelliher: I gotta discover out from Lynn what is going on on.
A couple of days later, Kelliher says Hernan referred to as him from the hospital, and so they agreed to make plans to get collectively when she went residence.
Jim Kelliher: And that is the final time that I heard Lynn’s voice.
As they tried to make sense of her demise, Hernan’s pals say they recalled her speaking about one thing else that was troubling her — one thing that had nothing to do together with her well being.
Anthony Pozza: She would discuss her cash … “‘it is disappearing.”
Jim Kelliher: She simply stated, “I do not know what’s taking place to my cash.”
MISSING MONEY AND A CRIMINAL RECORD
RANDY SITZBERGER (in court docket): Did Ms. Kurczewski inform you who could be in command of dealing with Lynn’s property?
ANTHONY POZZA: Yeah, she stated she was appointed energy of legal professional.
Because the prosecution turned to the costs that Kurczewski stole cash from Hernan, they requested Anthony Pozza about his communications with Kurczewski within the months after Hernan’s demise.
ANTHONY POZZA (in court docket): I’d simply verify up with Jessy each occasionally through textual content and ask her if she wanted any assist.
Hernan left a will she had drawn up in 2016 which named Kurczewski as private consultant, Wisconsin’s equal of an executor. Kurczewski and Anthony Pozza have been co-beneficiaries. When Kurczewski despatched Anthony Pozza some paperwork of accounts she was settling, he was shocked on the amount of cash Lynn appeared to owe.
ANTHONY POZZA (in court docket): I simply keep in mind getting a remaining account with only a bunch of bank card payments …
ANTHONY POZZA (in court docket): And it was simply bizarre how she had all these money owed that simply did not make any sense to me.
Hernan’s pals remembered her as dwelling paycheck to paycheck till 2014, when she inherited $250,000 after her mom died. Now, after Hernan’s demise, Kurczewski reported to Anthony Pozza that almost all of Hernan’s property had been eaten away by debt.
ANTHONY POZZA (in court docket): I simply felt like one thing was up and I needed it checked out extra carefully.
The jury subsequent heard from somebody who was wanting extra carefully.
RANDY SITZBERGER (in court docket): You went by means of all these monetary accounts kind of line by line, is that right?
DET. NATHAN PLENNES Sure.
Detective Nathan Plennes testified concerning the investigation into Hernan’s funds. Prosecutors alleged Kurczewski stole greater than $200,000 from Hernan earlier than and after she died. And in the midst of their investigation, detectives found a bombshell: Kurczewski had a legal document. In 2011, Kurczewski was convicted on prices of identification theft and forgery and sentenced to eight years. Jessy had been launched from jail early in 2016 on prolonged supervision — which coincided with the time Hernan’s well being started to say no.
Plennes instructed jurors what he realized about Hernan’s financial institution accounts. He testified that Hernan’s cash market account, which had round $250,000 in 2016, was right down to solely $87 simply after she died. A fraction of the full was spent by Hernan on a Jeep and a few jewellery. Nearly every part else, together with a complete of 20 checks, went to Kurczewski .
Stephanie Rodriguez: Jessy was accused of stealing from Lynn as a result of she was getting … checks out of Lynn Hernan’s account … with various issues within the memo notes like IRS fee, automobile fee. … However not one of the cash was going to the locations the place Lynn supposedly meant for them to go.
Plennes described to the jury how he matched every of these checks to deposits in Kurczewski ‘s accounts — after which tracked the place Kurczewski spent that cash. There was a giant spike in spending whereas Hernan was within the hospital two weeks earlier than she died.
Stephanie Rodriguez: Throughout her final hospital keep … cash was being transferred from Hernan’s account into Kurczewski ‘s account. After which Kurczewski was withdrawing that cash from ATMs at an area on line casino.
Plennes additionally testified that on the day that Hernan died, a JCPenney bank card was opened in Hernan’s identify. Simply days later, a $3,000 buy of furnishings, made on one other bank card in Hernan’s identify, was delivered to the house Kurczewski shared with Scott Craig.
RANDY SITZBERGER (in court docket): Mr. Craig, how is it you recognize Ms. Kurczewski?
SCOTT CRAIG: We have been boyfriend and girlfriend for … three-and-a-half years.
RANDY SITZBERGER: What was it that occurred in the summertime of 2019 that prompted that finish to the connection?
SCOTT CRAIG: Um, when Waukesha Sheriff’s Division got here to my home and took her away.
Kurczewski was arrested for probably violating the phrases of her supervised launch on these identification theft and fraud prices.
DET. AARON HOPPE (in court docket): That is the preliminary interview that was carried out with Ms. Kurczewski as soon as the warrants have been carried out on July ninth.
Detective Aaron Hoppe, the lead investigator within the case, and Detective Chris Kohl, interviewed Kurczewski. Hoppe watched parts of that interview together with the jurors.
DET. CHRIS KOHL (police interview): Usually would you go there within the morning or the evening or —
JESSY KURCZEWSKI : I did not have a set — It simply depended how she was doing the day earlier than, and …
Following up on their suspicions that Kurczewski had been stealing from Hernan, Detective Chris Kohl gave her an opportunity to clarify. She claimed Hernan had been paying her for serving to at residence.
DET. CHRIS KOHL (police interview): Did you will have like an official association — like I make $20 an hour?
JESSY KURCZEWSKI: No. No, there was nothing. No, nothing like that. … I imply, there was no, you recognize, in the future, “oh, this is a verify.” Sooner or later, “this is my card, go get this,” Sooner or later—I imply, it was no, no set —
DET. CHRIS KOHL: No set quantity?
JESSY KURCZEWSKI: No. … I imply, she’d assist out. She’d inform my mother, “Oh, this month I will pay your hire” or “I am gonna pay your automobile.”
Jurors watched as Detective Kohl, for the primary time, shared Hernan’s post-mortem outcomes with Kurczewski.
DET. CHRIS KOHL: There’s an anomaly in her toxicology. There is a drug in her system that is not speculated to be there.
JESSY KURCZEWSKI: And what would that be?
DET. CHRIS KOHL: Um, it is referred to as tetrahydrozine (sic).
JESSY KURCZEWSKI: What’s that?
DET. CHRIS KOHL: Extra generally referred to as eye drops.
JESSY KURCZEWSKI: She used eye drops on a regular basis.
DET. CHRIS KOHL: What did she use ’em for?
JESSY KURCZEWSKI: She used ’em for her eyes. … She put ’em in her eyes on a regular basis.
DET. CHRIS KOHL: What killed her is the attention drops.
JESSY KURCZEWSKI: Are you critical?
DET. CHRIS KOHL: Mm-hmm (affirms).
Within the interview Detective Kohl instructed Kurczewski that the medical expert thought somebody gave the attention drops to Hernan — orally — in an try and kill her.
JESSY KURCZEWSKI : Do you guys suppose I murdered her?
DET. CHRIS KOHL: Did you?
JESSY KURCZEWSKI: I swear to God, I did not — I didn’t.
DET. CHRIS KOHL: Appears you are the one who had probably the most to realize on this.
However detectives say Kurczewski knew all about tetrahydrozoline. She instructed her boyfriend Scott, in textual content messages, somebody had put it in her drink when she was at a bar about three months after Hernan’s demise. Detective Hoppe learn the texts in court docket:
DET. AARON HOPPE: Jessy to Scott: “Scott I do not really feel good.”
Scott instructed detectives that Kurczewski stated she went to the hospital.
DET. AARON HOPPE: “They stated my blood stress is basically unhealthy”
DET. AARON HOPPE: “I’ve traces of tetrahydrozoline in my blood
DET. AARON HOPPE: “The physician stated … that is the principle … ingredient in eyedrops.”
DET. AARON HOPPE: “He stated folks put it in folks’s drinks on a regular basis”
DET. AARON HOPPE: “He stated there isn’t any style to it and other people do not discover.”
Stephanie Rodriguez: Jessy additionally tells Scott in these textual content messages that individuals can die from tetrahydrozoline poisoning.
DET. AARON HOPPE: “u can die from that”
JESSY KURCZEWSKI’S CHANGING EXPLANATIONS
ABBEY NICKOLIE: Detective Hoppe, I believe you testified you spoke once more with Ms. Kurczewski?
DET. AARON HOPPE: That is proper.
On day 9 of the trial, the jury watched video of one other interview between Jessy and detectives. This one happened the day after she was arrested on that parole maintain. She had requested to talk to detectives once more.
JESSY KURCZEWSKI : I used to be up all evening lengthy attempting to think about every part and something. I used to be considering of the Visines.
After spending her first evening in jail, Kurczewski’s story had modified. Proper after her arrest, Kurczewski had instructed detectives that Hernan used eye drops for dry eyes. Now Kurczewski instructed Hoppe that Hernan had one other use for it.
JESSY KURCZEWSKI (police interview): She was consuming vodka and Visine.
Stephanie Rodriguez: In the course of the second day of interviews with detectives, the jury heard Jessy inform them that Lynn did drink Visine.
DET. AARON HOPPE: How are you aware she had combined Visine with — together with her vodka?
JESSY KURCZEWSKI: As a result of that is what she did.
DET. AARON HOPPE: Why?
JESSY KURCZEWSKI: She’s executed it about 3 times.
DET. AARON HOPPE: Why? Why did not you inform us that yesterday.
JESSY KURCZEWSKI: As a result of I did not wish to inform you guys since you guys are making it sound prefer it occurred the day of, and that is not when she was doing that.
Stephanie Rodriguez: However Jessy says she by no means gave Lynn Hernan any Visine.
DET. AARON HOPPE: Did you ever put the vodka — the Visine within the vodka?
JESSY KURCZEWSKI: By no means. Swear to God.
DET. AARON HOPPE: So she put the Visine (Yup) in her vodka…
Then Kurczewski went additional.
Stephanie Rodriguez: Jessy goes into element about how Lynn needed to die by suicide. … that Lynn was utilizing the attention drops to assist her die by suicide.
JESSY KURCZEWSKI (police interview): She was on the lookout for her means out.
Kurczewski vehemently denied serving to Hernan die.
JESSY KURCZEWSKI (police interview): I by no means combined it. I swear to God. I purchased it for her. And I knew she was mixing it. … She put it into her water occasionally, and in her vodka occasionally.
The next day, Kurczewski requested to talk with the detectives but once more — the third time in three days. The jury watched as Kurczewski had a new revelation for the investigators.
Stephanie Rodriguez: Jessy tells detectives that Lynn would get a buzz off of consuming Visine.
JESSY KURCZEWSKI (police interview): She stated she misplaced like feeling of her physique. It made her really feel good. … And I actually she was doing it for thus lengthy, that I did not suppose she was going to die from it. . I actually did not. I believed, OK, she was getting some sleep from it, that is it. She was doing it for 2 months, not less than.
DET. AARON HOPPE: Doing what?
JESSY KURCZEWSKI: The Visine.
And Kurczewski now stated that Hernan really did drink Visine the day she died. Kurczewski claimed that when she visited Hernan that morning, Kurczewski knew that Hernan had poured six bottles of Visine into her personal water bottle.
JESSY KURCZEWSKI (police interview): That bottle of water proper there had in six — six Visines. …
JESSY KURCZEWSKI: I did not put it in there. I gave her the bottle of water …
DET. CHRIS KOHL: Which is the one you recognize has six bottles of Visine in it?
JESSY KURCZEWSKI: Yep.
DET. CHRIS KOHL: ‘Trigger she instructed you. And also you give it to her?
JESSY KURCZEWSKI: Effectively, we argued about it.
Kurczewski stated she spent 10 minutes attempting to cease Hernan.
JESSY KURCZEWSKI: She stated, “No, I would like that bottle of water. It’s going to put me to sleep.” …
DET. CHRIS KOHL: And then you definitely gave in?
JESSY KURCZEWSKI: Yep. … it is her alternative and what she needed …
DET. CHRIS KOHL: And then you definitely left?
JESSY KURCZEWSKI: Yep.
Hours later, detectives alleged Kurczewski opened that JCPenney bank card in Hernan’s identify and went grocery buying.
JESSY KURCZEWSKI (police interview): I did not do it to her, although. I did not (cries).
It will be 23 months later that Jessy Kurczewski was charged with Lynn Hernan’s demise.
When it was the protection’s flip, Kurczewski’s attorneys targeted virtually solely on their declare that Hernan died by suicide by consuming Visine.
Gary Verdin, a buddy of Kurczewski ‘s mom, testified he’d been in Hernan’s rental twice, the second time a few yr earlier than her demise. But his reminiscence of the go to was clear.
GARY VERDIN (in court docket): I noticed her all the time sitting on this, uh, chair with a desk subsequent to her. … She had, um, a … white slurpy cup, uh, straw popping out of it. She had a bottle of vodka subsequent to it. … She had, an ash tray, her cigarettes and bottle of Visine.
DONNA KUCHLER: You positive it is Visine?
GARY VERDIN: Sure.
Verdin testified that on one other event, he heard Hernan on speakerphone when he visited Kurczewski’s mom, Jennifer Flower.
GARY VERDIN (in court docket): Lynn simply began rambling off … and she or he was both sleepy or drained or no matter, however she was, uh, rattling off concerning the will. … Then she began speaking about how she needed to kill herself.
The protection referred to as Sara Tromp, a nurse practitioner who started treating Hernan for again ache in 2017. Regardless of prescribing a number of ache medicines for her, Tromp stated Hernan didn’t enhance.
PABLO GALAVIZ (in court docket): In 2018, January, she continues to complain about her again ache.
SARA TROMP: Sure.
PABLO GALAVIZ: The ache being worsening, right?
SARA TROMP: Sure.
Forensic pathologist Dr. Lindsey Thomas was employed by the protection.
DR. LINDSEY THOMAS (in court docket): I’d say her previous medical historical past was very vital. … She had a really lengthy record of medical situations and, uh, additionally had fairly a couple of psychiatric issues. … melancholy, anxiousness, agoraphobia — which is concern of public locations … power insomnia. These have been those that have been listed in her medical information.
Dr. Thomas testified she agreed with the state’s conclusion that Lynn’s medical issues contributed to her demise. She didn’t agree with the state’s discovering that Lynn died from tetrahydrozoline poisoning.
Stephanie Rodriguez: The forensic pathologist that the protection introduced up stated that Lynn’s reason for demise was undetermined, however she believed it was mixed-drug toxicity. … and in order that signifies that she thought it was a mixture of all of the medication present in Lynn’s system.
DONNA KUCHLER (in court docket): Would you say that there’s robust proof right here that Lynn Hernan’s demise was a suicide?
DR. LINDSEY THOMAS: Uh, I’d say there’s robust proof that definitely might have been a suicide. Sure.
Because the protection concluded, Decide Jennifer Durow requested Kurczewski if she’d be taking the stand.
JUDGE DUROW (in court docket): What’s that call?
JESSY KURCZEWSKI : It was very arduous for me to resolve, however finally, I cannot be testifying.
In her closing argument, Deputy District Legal professional Abbey Nickolie stated Kurczewski had only one motive: cash.
ABBEY NICKOLIE (in court docket): Miss Kurczewski’s intent is evident; it was to kill … And the motive is her personal private profit. … That is somebody who has profited over $144,000 earlier than demise and over $80,000 after.
In her closing, protection legal professional Donna Kuchler maintained that Hernan took her personal life.
DONNA KUCHLER (in court docket): The state has not confirmed a first-degree intentional murder.
DONNA KUCHLER (in court docket): Jessy knew that Lynn would … take Visine, drink it. … However she would not know the way she died that day, seemed like a suicide with tablets from an individual who was sad.
As for the allegations that Jessy stole from Hernan, the protection contended that Hernan gave Jessy the cash as a result of Lynn knew she was going to finish her personal life.
DONNA KUCHLER (in court docket): Lynn gave Jessy cash on a regular basis as a result of she needed to.
DONNA KUCHLER (in court docket): She needed Jessy to have it. She is aware of she’s going out. … And Lynn decided. She decided that she was going to exit. And … she did that on October third as soon as Jessy had left the house.
In its rebuttal, the prosecution pushed again.
ABBEY NICKOLIE (in court docket): To imagine that this was a suicide, you would need to imagine that by probably the most cosmic intervention in the whole world, it occurred on the actual cut-off date when Miss Kurczewski maximized the amount of cash that she made on this complete ordeal.
The jury deliberated for seven hours the primary day however didn’t attain a verdict.
Stephanie Rodriguez: Verdict look ahead to this case was tense … when the jury started to deliberate right into a second day, there was some surprise.
Anthony Pozza: That is when … I bought apprehensive. … I used to be questioning why, you recognize, what is the holdup.
On Nov. 14, 2023, after 10-and-a-half hours of deliberation, Jessy Kurczewski steadied herself as Decide Jennifer Dorow learn the jury’s verdicts: responsible of first-degree intentional murder.
Kurczewski broke down as the decide continued. She was additionally convicted on the 2 counts of felony theft — for stealing cash from Hernan earlier than and after she died.
Anthony Pozza: I used to be simply overcome with emotion. … it additionally makes you mirror on the final 5 years … with the lies and the deceit.
However earlier than sentencing, the case took a weird flip when an envelope containing 37 pages of handwritten letters and paperwork was obtained by a buddy of Kurczewski’s, who then turned it over to the sheriff’s division.
Stephanie Rodriguez: The letter requests a buddy of Jessy to pretend proof, create a voice recording pretending to be Lynn Hernan … to ship all of … this … to the decide on this case, to native media, even to the governor to attempt to show Jessy’s innocence.
Prosecutors stated the paperwork have been written by Kurczewski on the again of her trial notes, giving “Instructions” to her buddy on easy methods to impersonate Hernan and fabricate supplies, and submit them to the court docket.
Kurczewski allegedly requested her buddy to “make a voice tape” pretending to be Hernan, writing “She has an older, raspy … feminine voice.” Kurczewski allegedly directed her buddy to say, “I can’t go on anymore” … “I selected to drink Visine and finish my life. ” Kurczewski denied writing the paperwork, and the sheriff’s division started an investigation into their origin
And the outcomes of that investigation have been revealed on April 5, 2024, when Kurczewski was again in Decide Dorow’s court docket for her sentencing.
Prosecutors performed video recorded in Kurczewski’s bunk room on the Waukesha County Jail a couple of days earlier than these paperwork have been turned over to authorities.
JUDGE DOROW: Ms. Kurczewski that is your alternative to deal with the court docket. What, if something, would you prefer to say?
Kurczewski once more denied she was the creator of these paperwork. She spent virtually two hours, with no break, proclaiming her innocence — insisting the one factor she was responsible of was being a loyal buddy
They stated it confirmed Kurczewski placing papers into an envelope, leaving it on the mattress of one other inmate who later takes it to a mail drop-off. The prosecution stated this proved Kurczewski wrote these paperwork.
JESSY KURCZEWSKI (in court docket): Let’s be very clear right here, there was no homicide. I didn’t commit homicide. I didn’t poison Lynn, give her tablets or anything. … it’s a lot to be accused and convicted of homicide after I did not do it (chokes up) … You are holding me answerable for what she did.
Decide Dorow stated she believed Hernan’s demise was premeditated.
JUDGE DOROW: Tetrahydrozoline was not one thing we anticipated to seek out. … And I do imagine it was one thing you, Ms. Kurczewski, banked on nobody testing for. … I’ve to ask out loud, it is in a rhetorical query, however have been you poisoning Lynn Hernan all alongside? Following your launch from jail?
JESSY KURCZEWSKI: No.
JUDGE DOROW: I am not asking for a solution, that is my time. So don’t interrupt me.
Kurczewski was sentenced to life in jail on the intentional murder cost, and 10 years for the 2 theft prices. The soonest she could possibly be paroled could be after 40 years, when she could be practically 80 years outdated.
JIM KELLIHER (in court docket): Jessy poisoned Lynn like she was a rodent.
Lynn Hernan’s buddy, Jim Kelliher, had a couple of remaining phrases for her killer.
JIM KELLIHER (in court docket): The satan awaits you. I hope you rot in hell. Lynn Hernan is an angel in heaven. Might you relaxation in peace, Lynn. You are dearly missed. And all the time can be. I am so very sorry. God bless
Jessy Kurczewski s mom, Jennifer Flower, has not been charged with any wrongdoing in reference to Lynn Hernan’s demise.
Kurczewski says she plans to file an enchantment.
Richard Barber is the producer/editor. Susan Mallie and Lauren Clark are the producers. Charlotte A. Fuller is the event producer. Marcus Balsam and Phil Tangel are the editors. Michelle Sigona and Tamara Weitzman are the event producers. Anthony Batson is the senior producer. Nancy Kramer is the chief story editor. Judy Tygard is the chief producer.
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