WAUKESHA, Wis. — Jurors returned a guilty verdict in the homicide trial of Jessy Kurczewski, a Franklin woman accused of killing a family friend by poisoning her with eye drops.
The trial lasted for three weeks. And the jury deliberated for nearly 11 hours, beginning Monday, before a verdict was entered just before 1 p.m. on Tuesday.
Kurczewski, 39, wept openly as Judge Jennifer Dorow read through the guilty counts, one of first-degree intentional homicide and two of felony theft.
Prosecutors accused her of killing 61-year-old Lynn Hernan five years ago. Kurczewski was Hernan's caregiver and one of only two people named in Hernan's will. Prosecutors say the alleged crime was motivated by greed, claiming Kurczewski defrauded Hernan out of more than $200,000.
"The defendant betrayed Lynn out of greed. This case highlighted the financial vulnerability of the victim and what a person will do to get what they want," said Deputy District Attorney Abbie Nickolie, following the verdict.
While convicting Kurczewski of theft, the jury agreed on lower felony charges. On each of the two counts, they decided the theft was more than $10,000 but less than $100,000.
Anthony Pozza, who says he's known Hernan his entire life, wiped tears from his eyes when the verdict was read.
"When I learned of Lynn's passing, I immediately knew something was awry and not reality. I thank god every day for the detectives and the DA that represented the case," said Pozza after the trial ended.
"Justice has been served. Rest in peace, my lovely Auntie Lynn," said Pozza.
The defense did not speak after the verdict. Throughout the trial, Defense Attorney Donna Kuchler argued that Kurczewski was like a daughter to Hernan. She said Hernan was knew Kurczewski was using her money, and she took her own life while sick and depressed.
"When somebody takes too many pills, the combination together can create exactly what happened here," said Defense Attorney Donna Kuchler in her closing remarks. "Everyone at the scene concluded it was suicide. Ladies and gentlemen, it was a suicide. It looked like a suicide."
Sentencing is scheduled for December 7. Kurczewski faces a mandatory life sentence on the homicide conviction. She also faces an additional ten years combined for the felony theft counts.
This article has Court TV highlights from each trial day below.
Background on the case
According to a criminal complaint, the case began in 2018 when Kurczewski called police and said her friend was not breathing. A deputy arrived at the Pewaukee home and found a woman with "a large amount of crushed medication on her chest and on a nearby plate" along with prescription medication around her.
Initially, investigators believed it could be a drug overdose.
The complaint stated that Kurczewski told investigators she had been taking care of her friend, who was "acting odd" leading up to her death and believed she was suicidal.
However, witnesses and people who knew the victim told law enforcement things were not adding up and they had concerns about the validity of the victim leaving her estate to Kurczewski.
In January of 2019, the medical examiner said a toxicology report showed a lethal amount of tetrahydrozoline, the main ingredient in eye drops, in the victim's blood. The medical examiner reported the cause of death was homicide, not suicide or an accident.
Months later, Kurczewski said she brought her friend a water bottle holding six bottles worth of Visine and her friend drank it. Kurczewski claimed she was helping her friend do what she wanted.
Kurczewski is being tried in Waukesha County Court. Judge Jennifer Dorow is presiding.
Trial Day 15 reporting:
Attorneys made closing arguments Monday, Nov. 13 in the homicide trial of Jessy Kurczewski, a Franklin woman accused of killing a family friend by poisoning her with eye drops.
The jury began deliberating around 12 p.m. Around 6 p.m., the jury had a question regarding the homicide charge against Kurczewski.
"Ultimately [the medical examiner] told you, without hesitation, the poisoning in this case was at the hand of another. That's what homicide is," said Deputy District Attorney Abbie Nicoklie.
The defense has argued that Kurczewski was like a daughter to Hernan. Attorneys have also said Hernan was depressed, sick, abusing medication, and took her own life.
"When somebody takes too many pills, the combination together can create exactly what happened here," said Defense Attorney Donna Kuchler in closing remarks. "Everyone at the scene concluded it was suicide. Ladies and gentlemen, it was a suicide. It looked like a suicide."
Trial Day 14 reporting:
Attorneys met with Judge Dorow to discuss jury instructions and review the verdict form on Friday, Nov. 10.
Defense asked the court to include a lesser offense of assisted suicide. Judge Dorow denied.
Trial Day 13 reporting:
On Nov. 9, a toxicologist testified that Hernan had to ingest 33-42 pills before her death, and also determined she had one teaspoon of Tetrahydrozoline in her stomach. At a prior hearing, the same toxicologist testified Lynn ingested 21-28 pills.
Jessy told the judge she would not be taking the stand.
The defense rests its case.
Trial Day 12 reporting:
On Nov. 8, a nurse who cared for Lynn testified that Lynn had been dealing with pain since 1991. Court TV reports that Lynn indicated her pain was getting worse in December and a urine drug screen revealed she wasn't taking her medication. She then started complaining of dry eyes.
A forensic pathologist testified and ruled Lynn's cause of death to be mixed drug toxicity with a manner of death undetermined. She was hired by the defense team and differed from the state medical examiner's office.
Trial Day 11 reporting:
Jurors learned Jessy was convicted of a felony for financial crimes in 2010 on trial day 11 on Nov. 7.
The state rested its case-in-chief.
A defense motion for a directed verdict was denied, Court TV reports.
Lynn's friend testified that Lynn said she was sick all the time, but never mentioned being broke or suicidal.
An FBI handwriting and document analyst said Jessy and Lynn's known writing had inconcsistencies.
Trial Day 10 reporting:
On Nov. 6, Detective Aaron Hoppe testified Jessy and Lynn fought the morning of her death over her drinking Visine in her vodka and water, according to Court TV.
Jessy claimed she never crushed pills or moved the body. She also said she had evidence that would vindicate her but wanted to speak to an attorney first. Her phone records show deleted files concerning cyanide, poisoning, and suicide.
Trial Day 9 reporting:
On Nov. 3, Detective Nathan Piennes returns for cross-examination. He shared he did not investigate Hernan's "pattern of life" before 2016, according to Court TV. He said the FBI was brought into the investigation to analyze handwriting samples.
A Waukesha detective said he analyzed Craig and Kurczewski's cell phones and found an app that displayed a phony phone number and hid the real number on cell phone displays.
Another detective testified it was Jessy's voice on two phone calls made to Lynn's bank. He verified Jessy used Lynn's credit cards while on a gateway with her boyfriend, Craig.
Trial Day 8 reporting:
Day 8 of the eye drop murder trial began Wednesday, Nov. 1 with a closer look at Jezzy Kurczewski's financial habits.
A Waukesha County detective, Nate Plennes, testified about Lynn Hernan's transactions, claiming "out of the ordinary" trends continued after her death. This includes hundreds of thousands of dollars.
His investigation began in 2016 at the beginning of Lynn and Jessy's relationship, according to Court TV. Of 22 checks cut from Lynn's MMA opened in October 2014, 20 of those were to Jessy. The final balance of the account after Lynn's death was $88. This included transactions at a bar and casino, places Lynn never frequented.
Trial Day 7 reporting:
Day 7 of the eye drop murder trial took place on Tuesday, Oct. 31 with testimony from a woman who was incarcerated with Jezzy Kurczewski.
Magdalena Soboniak testified that Jessy told her that Lynn died after taking too much medication, according to Court TV. Jessy allegedly said she would pay bills, buy kids furniture, and televisions, and go to casinos often with Lynn's money and write herself checks.
Officer Francis Stahl testified that Jessy was a suspect in a fraud case where she allegedly admitted she was trying to fraudulently open an account under the name of her upstairs neighbors.
A close friend of Lynn's, Anthony Pozza, said Jessy immediately brought up Lynn's will after her death. He signed paperwork making Jessy the personal representative of Lynn's estate. Following that, he began receiving credit card bills that said "red flags."
Pozza's attorney testified she saw credit card bills totaling more than $100,000, something she found odd for an older woman who didn't often leave her home, Court TV reports.
Trial Day 6 reporting:
Day 6 in the eye drop murder trial began Monday, Oct. 30 with recorded prison phone calls between Jessy Kurczewski and her ex-boyfriend.
Court TV reports that Jessy's ex-boyfriend, Scott Craig, was angry that she had lied to him repeatedly. They dated until the day she was arrested. He said he believed Hernan had been in a coma for months, not in and out of the hospital.
Craig's cousin, Daniel Radlof, lived with the couple temporarily and said Jessy admitted she was laid off for multiple months but put on a facade about going to work. He alleged she gambled a lot.
Craig's ex-wife and daughter were aware she took care of Lynn. They said they were surprised by how much money Jessy spent, including offering to send one to visit Thailand, Court TV reports.
The jury was also shown a video of police talking to Jessy and her mother.
Trial Day 5 reporting:
Day 5 in the eye drop murder trial began Friday, Oct. 27 with testimonies from a toxicologist, a friend of the victim, and the victim's ex-boyfriend.
According to Court TV, Dr. Sherri Kacinko, a toxicologist, said it is very unusual to see such high amounts of tetrahydrozoline as she did in Lynn Hernan's blood. The defense pointed out other medications and drugs Hernan had in her system that have adverse effects and risk of death.
Hernan's friend, Koreen Pozza, said that although Hernan was thoughtful and generous, she was frugal and didn't give expensive gifts and never cash. Pozza testified Hernan said she wanted Pozza's son, Anthony, to get the $50,000 she kept in a bank lockbox.
Hernan's ex-boyfriend, James Kelliher, also described Hernan as frugal and said she never freely gave him money. He described a strange phone call with Jessy and Jessy's mother right before Hernan died while she was in the hospital, Court TV says. Kelliher said that Hernan never told him she was suicidal.
Trial Day 4 reporting:
Day 4 in the eye drop murder trial began Thursday, Oct. 26 with Waukesha County's medical examiner returning to the witness stand.
Dr. Linda Biedzrycki testified she could not definitively say whether Lynn Hernan drank the eye drops voluntarily, Court TV reports. She also testified that blood tests indicated that Hernan was not intoxicated at the time of her death.
Trial Day 3 reporting:
Day 3 in the trial of Jessy Kurczewski, 39, began Wednesday, Oct. 25.
The Franklin woman is accused of killing a family friend by poisoning her with eye drops. Prosecutors accused her of killing 61-year-old Lynn Hernan five years ago. Kurczewski was Hernan's caregiver and one of only two people named in Hernan's will. Prosecutors say the alleged crime was motivated by greed.
On Wednesday, Dr. Linda Biedrzycki with the Waukesha County Medical Examiner's Office, testified to Hernan's toxicology report. She discussed Tetrahydrozoline symptoms and effects. She concluded that Hernan died by homicide of Tetrahydrozoline poisoning with contributing factors of other medications, which could have increased the effects of Tetrahydrozoline, according to Court TV. She was on the stand for more than three hours and will continue into Thursday.
To give more insight into the case, TMJ4 invited Attorney Jonathan Lavoy to speak with us. He shares the cause of death is going to be key in the trial and how that will play out with jurors when experts from both sides talk about it.
Watch what he had to share below:
Trial Day 2 reporting:
A jury heard opening remarks Tuesday in the trial of a Franklin woman accused of killing a family friend by poisoning her with eyedrops.
37-year-old Jessy Kurczewski has been charged with first-degree intentional homicide and two counts of felony theft.
Prosecutors have accused her of killing 61-year-old Lynn Hernan in October 2018. Her motivation, prosecutors said, was greed.
"There's certainly a factual, bare-bones timeline of theft, murder, and more theft. But there's this almost overlaid timeline of all of the defendant's lies and deceit," said Assistant District Attorney Randy Sitzberger in the state's opening.
According to the criminal complaint, she defrauded Hernan of nearly $300,000, including money from her estate.
"She finally gave that water bottle, knowing it had, in the defendant's estimation, six bottles of Visine to Lynn Hernan, knowing it could kill her, and walks out of that condo unit, closes the door, and goes shopping on Lynn's dime," said Sitzberger.
Kurczewski's defense team said Lynn Hernan was like a mother to Kurczewski.
"If Lynn Hernan was there today, she would say, 'Are you crazy, prosecution? That's my daughter you have sitting at that desk over there. That's my daughter,'" said Defense Attorney Pablo Galaviz in his opening.
According to Galaviz, Hernan knew Kurczewski was spending her money and that Hernan was depressed, coping with alcohol and prescription medication. He said Hernan wanted to die and "didn't like life."
"She had a boatload of [prescription medication] in her system. And they're saying the Visine killed her? Not the other pills she had in her system along with the alcohol?" said Galaviz.
The state called witnesses on Tuesday, including current and former law enforcement officers who responded to Hernan's house on the evening she was found dead.
Tabitha Kukes, former Waukesha County Assistant Medical Examiner, also took the stand. She pronounced Hernan dead at her home on October 3, 2018, and testified Tuesday that she found prescription medication on and near the body.
“All that really matters is what the toxicology shows. All that really matters is what’s in the decedent's bloodstream at the time of death, not necessarily what’s [at the scene],” said Kukes.
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