In October 2023, in the courtroom of Judge Jennifer Dorow, 39-year-old Jessy Kurczewski went on trial for the intentional homicide of 62-year-old Lynn Hernan, along with two counts of felony theft for stealing from Hernan — someone who’d always thought of Kurczewski as a beloved friend.

Five years earlier, Kurczewski called police and told them she found Hernan dead, sitting in her recliner, in the living room of her Pewaukee, Wisconsin condo. Kurczewski had been taking care of Hernan, who had serious medical problems.

THE TRIAL OF JESSY KURCZEWSKI

The prosecutors for Waukesha County were Deputy District Attorney Abbey Nickolie and Assistant District Attorneys J.J. Crawford and Randy Sitzberger.

RANDY SITZBERGER (in court): Good afternoon, everyone. … So, this is Wisconsin versus Jessy Kurczewski. Said otherwise, this is a case of murder, greed and lies. … you’re going to see that, in or about October 3, 2018, Lynn Hernan became worth more dead than alive to Kurczewski.

Stephanie Rodriguez: Prosecutors told the jury … that this case was about someone who wanted money.

Stephanie Rodriguez covered the trial for the CBS affiliate in Milwaukee.

Stephanie Rodriguez: And prosecutors said … that that’s why she was caring for her. Not because she genuinely cared, but that Jessy wanted the money in her bank account.

RANDY SITZBERGER (in court): Between January of ’16 and October 3 of 2018, Ms. Kurczewski had the ability to steal more than $144,000 from Lynn Hernan while she was alive.

Stephanie Rodriguez: The defendant desired Lynn dead to receive the money from her estate.

RANDY SITZBERGER (in court): Lynn Hernan died at the young age of 62 from a tetrahydrozoline poisoning after the defendant provided her a bottle mixed with Visine eye drops to consume.

However, the defense painted Kurczewski as a devoted friend who took care of Hernan — claiming that she was depressed due to her deteriorating health.

This case is extremely important to Jessy. She’s presumed innocent. And don’t ever let that thought leave your mind, that she’s presumed innocent.

At trial, Kurczewski was represented by defense attorneys Pablo Galaviz and Donna Kuchler.

Here’s a picture of Lynn and Jessy, a graduation party that Lynn threw for Jessy, high school.

At the mention of her close relationship with Hernan, Kurczewski immediately teared up.

PABLO GALAVIZ (in court): “This is my daughter,” she’s so proud …

PABLO GALAVIZ (in court): That’s who Jessy is to Lynn, her daughter …

Kurczewski had known Hernan since childhood, through her mother, Jennifer Flower.

PABLO GALAVIZ (in court): Jennifer’s like her best, best friend. And Jessy became her best, best friend.

Hernan spent a significant part of her life earning a living as a hairdresser. She was never wedded and chose to live her life in solitude. Her health, however, began to deteriorate quickly during the final two years of her life.

Stephanie Rodriguez pointed out instances when Lynn would experience falls within her home, necessitating Jessy’s assistance to get her back on her feet.

In addition to suffering from lung disease, Hernan was also battling high blood pressure and serious gastrointestinal problems that physicians were unable to properly diagnose. These health issues resulted in her frequent hospitalization in the year leading up to her death.

Stephanie Rodriguez further elaborated how Jessy became an integral part of Lynn’s life, acting as her full-time caregiver. Jessy was responsible for Lynn’s everyday tasks, such as grocery shopping and bill payments.

PABLO GALAVIZ (in court): Jessy was the only person she trusted.

The defense informed the jury that as Herna’s health kept deteriorating, she fell into despair.

PABLO GALAVIZ (in court): And seeing her with the makeup, the hair and nails, and the jewelry, she no longer looked the same… She refused to have more visitors as she didn’t consider herself to look the same.

The defense maintained the stance that on the 3rd of October, 2018, Hernan, exhausted from her ailment, chose to end her own life.

PABLO GALAVIZ (in court): When they arrived on the scene … They found a lot of empty prescription bottles. … And they can’t see that as a suicide? … She’s innocent. Find her not guilty.

One of the first orders of business for prosecutors was to establish the cause of death. Former Waukesha County Deputy Medical Examiner Tabitha Kukes talked to jurors about those pictures she took when she arrived at Hernan’s condo.

TABITHA KUKES (in court): This is a closeup of the medication bottles that were directly to her left … There’s additional medications that are present, some without their caps on.

Kukes had photographed multiple medications scattered on the carpet, as well as a white powder on a plate, and on Hernan’s chest. Defense attorney Kuchler suggests the powder was spilled by Hernan herself.

Donna Kuchler, while in court, stated: Jessy informed you it was typical for Lynn to pound drugs due to her swallowing difficulties.

Tabitha Kukes confirmed: That’s what she conveyed to me.

The jury listened to the Principal Coroner, Dr. Lynda Biedrzycki, who gave her testimony about the pictures taken in Hernan’s lounge. She mentioned that the tablets and dust strewn at the location did indicate a potential self-destruction.

Dr. Lynda Biedrzycki, in court, expressed: There was a theory that perhaps there was a – a consumption was a possible reason for the death.

But before declaring the cause of demise, Dr. Biedrzycki wished to view the toxicology test results. The results obtained later were unexpectedly surprising to her.

DR. LYNDA BIEDRZYCKI (in court): There was a substance that was indeed strange … a bizarre finding that I hadn’t seen in a report from their laboratory before. It was recognized as tetrahydrozoline.

Dr. Biedrzycki initiated her individual research on tetrahydrozoline, an ingredient found in some readily available eye drops.

DR. LYNDA BIEDRZYCKI (in court): This is a specific substance that I haven’t noticed in a toxicology report previously. … it’s not designed to be in the bloodstream.

But how did it get there?

DEATH BY EYE DROPS

Medical Examiner Dr. Lynda Biedrzycki told the jury it was in late September 2019, almost a year after Lynn Hernan’s death, that she published her official conclusion about how Hernan died.

DR. LYNDA BIEDRZYCKI: The cause of death I determined was tetrahydrozoline poisoning.

And it was determined by Biedrzycki that it was not an intentional act by Hernan to consume a lethal quantity of eye drops.

DOCTOR LYNDA BIEDRZYCKI: The way this incident took place is that someone else administered tetrahydrozoline to her, which is why I’ve classified it as a homicide.

As claimed by Stephanie Rodriguez: The suspicion that Lynn Hernan had tetrahydrozoline given to her by someone else is a clear indication that she was unsuspecting. She had no idea that she was consuming tetrahydrozoline at the time.

The conclusions drawn by the medical examiner came under scrutiny by the defence.

DONNA KUCHLER (in court): These are all the drugs that were found in Ms. Hernan … right?

DR. LYNDA BIEDRZYCKI: Correct.

Stephanie Rodriguez: Toxicology reports showed that Lynn had at least eight prescription drugs in her system, some of which Lynn was not supposed to be taking at the time because those medications had been discontinued by Lynn’s doctors.

DONNA KUCHLER (in court): And these were all in her blood, which means they’d already been ingested and made it into the blood stream.

DR. LYNDA BIEDRZYCKI: True.

Biedrzycki stated that, based on her findings, the medicines in combination with a few of Hernan’s medical conditions played a part in but were not the direct cause of Hernan’s unfortunate demise.

Stephanie Rodriguez: The medications detected in Lynn’s body were all at levels intended for treatment.

DONNA KUCHLER (in court): Your conclusion was that the cause of her death was the tetrahydrozoline, correct?

DR. LYNDA BIEDRZYCKI: That — Yes.

But the defense asked how could the medical examiner be so certain Hernan did not ingest the eye drops on her own?

DONNA KUCHLER (in court): You don’t know as you sit there today whether she voluntarily ingested that.

DR. LYNDA BIEDRZYCKI: It was my opinion she didn’t, but knowledge of her action, no.

You weren’t there.

I wasn’t there.

On redirect, Deputy D.A. Nickolie asked about the powder found on and near Hernan’s body.

What do you think happened?

DR. LYNDA BIEDRZYCKI: I think that they may have been deposited there.

Stephanie Rodriguez: The medical examiner believed that Lynn Hernan’s body was staged to look like an overdose, because … toxicology reports showed that none of the crushed up medication that was found on Lynn Hernan and next to her was actually in her system.

The following day, the jury heard from some of Hernan’s friends.

RANDY SITZBERGER (in court): Did you know Lynn Hernan?

Yes, I did.

Jim Kelliher met Lynn Hernan at a music festival in 1983, when she was 27.

What was your first impression?

That a lady that looked that good wouldn’t go out with me (laughs).

But Hernan agreed, and their romantic partnership spanned a decade. Even after the breakup, they remained good friends.

Jim Kelliher: Lynn was a gorgeous woman. Both from within and outwardly, she was stunning.

Kelliher admits that he didn’t meet Kurczewski until immediately after Hernan’s death.

Jim Kelliher: Jessy calls me and says, I need to share some terrible news. Lynn…took her own life. Also, by the way, we’re going to gather for a memorial dinner on the 13th at the Open Flame Restaurant.

Jericka Duncan: She said in one sentence —

Jim Kelliher: Correct.

Jericka Duncan: — your dear friend died by suicide.

Jim Kelliher: Right.

Jericka Duncan: The next sentence, she tells you there’s gonna be a dinner in her memory.

Jim Kelliher: Right …

Jericka Duncan: What did you make of that?

Jim Kelliher: Well, I didn’t — I kind of didn’t believe her right off the bat. She wasn’t crying.

On the stand, Kelliher states he didn’t think Hernan would have committed suicide.

RANDY SITZBERGER (in court): Did Lynn ever express suicidal thoughts when you were around?

JIM KELLIHER: No, she didn’t. … She … never hinted at being suicidal. Never.

He conveyed that despite the increasing issues with her health, Hernan still made the effort to visit him and his girlfriend at their residence.

JIM KELLIHER (in court): She’d bring treats and stuff … She would say she got stomach aches or whatever, and she would always leave.

However, the defense raised doubts about how much Kelliher actually knew about Hernan’s health issues. In the last year of Hernan’s life, she frequented the hospital, with her last discharge happening just five days prior to her death.

PABLO GALAVIZ (in court): Did you volunteer to go over and look after her cat when she was in the hospital?

JIM KELLIHER: No, I did not …

PABLO GALAVIZ: You didn’t go visit her — ?

JIM KELLIHER: No, I did not.

Prosecutors also called Koreen Pozza.

Koreen Pozza: We are best friends for about 35-plus years.

And they called Koreen Pozza’s son Anthony Pozza, who says he always had a special bond with Hernan since childhood.

Jericka Duncan: What did you call Lynn?

Anthony Pozza: Auntie Lynnie.

Anthony Pozza says he stayed close to Hernan, regularly dropping by her condo while he attended college nearby.

Anthony Pozza: I loved doing stuff with her. … you know, thrift store shopping … you know, that was a date we would go on is go thrift store shopping.

RANDY SITZBERGER (in court): Do you recall when the last … conversation you had with Lynn was?

ANTHONY POZZA: The last time I saw Lynn was a month before she passed away,

Anthony Pozza testified that despite her medical troubles, Hernan appeared to be improving.

ANTHONY POZZA (in court): She expressed that she was beginning to feel improved, and…and she remarked… I’m thrilled I’m venturing out again, and, certainly, we should engage in this more often.

The prosecutors questioned Waukesha County Sheriff’s Detective Chris Kohl about his underway investigation into Hernan’s unfortunate demise.

ABBEY NICKOLIE (in court): Have you had a discussion with Ms. Kurczewski concerning this investigation of death?

DET. CHRIS KOHL: Indeed. … Our office received a communication from her seeking an update.

During the trial, footage of a meeting with Detective Kohl was shown. According to him, Kurczewski, accompanied by her mother Jennifer Flower, visited the sheriff’s department seeking answers five months following Hernan’s demise, prior to the medical examiner establishing the cause of death.

JESSY KURCZEWSKI (during law enforcement questioning): I’ve been in numerous discussions with the medical examiner…he directed me towards you as they weren’t sure whether it was suicide or a medical event…

DET. CHRIS KOHL: As it stands, they’re conducting secondary, or what they refer to as confirmatory tests.

JESSY KURCZEWSKI: Understood.

During that interview, Kohl discovered more about Kurczewski’s bond with Hernan.

Jessy Kurczewski (during the police interview): She was akin to an aunt, a secondary mother to me. She didn’t have any children.

Det. Chris Kohl: So, you’ve been acquainted with her for your entire life? Is that the reason why you were assisting her?

Jessy Kurczewski: Yes.

Kurczewski stated that she remained as one of the only people in Hernan’s life before her demise.

JESSY KURCZEWSKI (during police interview): Towards the end, she isolated everyone from her life… She always noted, ‘I don’t desire to meet anyone.’

Going by the words of Kurczewski and her mother, Hernan had become so reclusive that she didn’t wish to converse with her friend, Jim Kelliher when he initiated a call.

JENNIFER FLOWER (during police interview): She expressed, “Do not inform him. I don’t want him around. I don’t wish to meet him.”

JESSY KURCZEWSKI (police interview): She didn’t like the way she looked, so she didn’t want people around.

But that’s not how Kelliher remembers what happened when he and his girlfriend called Hernan’s number.

Jim Kelliher: Well, this girl answered the phone, and she was kind of mouthing off to us, “don’t use this phone, don’t call this number ever again, don’t worry about Lynn.” …

Jericka Duncan: And you’re thinking what?

Jim Kelliher: I need to understand from Lynn what is happening.

A couple of days later, Kelliher states that Hernan contacted him from the hospital, and they decided to arrange a meeting after her discharge.

Jim Kelliher: And that was the final time I heard Lynn speaking.

While trying to comprehend her demise, Hernan’s friends mention that they remembered her discussing about another disturbing matter — a problem unrelated to her health.

Anthony Pozza: She would talk about her money … “‘it’s disappearing.”

Jim Kelliher: She just said, “I don’t know what’s happening to my money.”

MISSING MONEY AND A CRIMINAL RECORD

RANDY SITZBERGER (in court): Did Ms. Kurczewski  tell you who would be in charge of handling Lynn’s estate?

ANTHONY POZZA: Yeah, she said she was appointed power of attorney.

When the prosecution in turn approached the accusations that Kurczewski had conned money from Hernan, they probed Anthony Pozza about his engagements with Kurczewski subsequent to Hernan’s passing.

ANTHONY POZZA (in court): I would occasionally reach out to Jessy via text to see if she required any assistance.

A will had been composed by Hernan in 2016 that identified Kurczewski as the personal representative, the equivalent of an executor in Wisconsin. Kurczewski and Anthony Pozza were joint beneficiaries. Anthony Pozza was taken aback at the amount of debt that appeared to be under Lynn’s name when Kurczewski sent him some paperwork of the accounts she was reconciling.

ANTHONY POZZA (in court): I just remember receiving the final statement containing a pile of credit card invoices …

ANTHONY POZZA (in court): It was perplexing how she accumulated all these debts that seemed non-sensical to me.

Hernan’s associates recollected her existing from paycheck to paycheck till 2014, when she inherited $250,000 following the demise of her mother. Subsequent to Hernan’s demise, Kurczewski disclosed to Anthony Pozza that majority of Hernan’s wealth was obliterated by debt.

ANTHONY POZZA (in court): I felt like something was amiss and needed further examination.

The panel was next called upon to hear from an individual who had conducted a thorough analysis.

RANDY SITZBERGER (in a legal setting): Is it true that you meticulously scrutinized each financial account?

DET. NATHAN PLENNES: Yes, that’s correct.

The court then heard testimony from Detective Nathan Plennes, who conducted the investigation into Hernan’s financial records. It was claimed by the prosecution that Kurczewski had stolen in excess of $200,000 from Hernan, both before and after her death. Through the course of their investigation, detectives revealed shocking news: Kurczewski had a previous criminal record. Kurczewski was found guilty of identity theft and forgery charges in 2011 and was sentenced to eight years behind bars. Surprisingly, Kurczewski had been granted an early release from prison in 2016 under an extended supervision provision. It coincided with Hernan’s health beginning to fade.

Plennes gave testimony to the court, stating everything he gathered regarding the fiscal records of Hernan. In his account, Hernan, having around $250,000 in a money market account back in 2016, had a striking low balance of $87 after her passing. A small fraction of the money was allotted by Hernan for a new Jeep and few pieces of jewelry. Out of the remaining sum, almost all including twenty checks, were made out to Kurczewski .

Stephanie Rodriguez: Jessy was brought under accusations of seizing Lynn’s money as she was continuously extracting checks from Lynn Hernan’s bank account…these checks had various memo notes such as car payment, IRS payment and the likes… However, none of this money was making its way to where Lynn had apparently intended.

Plennes narrated to the jury the detailed method that he used to connect each of these checks to lodgments in the accounts of Kurczewski — and subsequently tracked the expenditures of Kurczewski using this money. He noted a drastic surge in spending when Hernan was in the hospital, spending her last two weeks before her death.

Stephanie Rodriguez: During the period of her final stay at the hospital … Money was being transferred from Hernan’s account into the account of Kurczewski. Following this, the said money was being withdrawn from ATMs situated at a nearby casino by Kurczewski.

Plennes also verified that a JCPenney credit card was issued under Hernan’s name on the day he passed away. Shortly after, another credit card in Hernan’s name was used to make a $3,000 furniture purchase delivered to the residence shared by Kurczewski and Scott Craig.

Randy Sitzberger, in court, queried Mr. Craig on how he knew Ms. Kurczewski.

Scott Craig’s response was that they had been in a relationship for around three and a half years.

Curious, Randy Sitzberger asked what took place in the summer of 2019 that led to the termination of their relationship.

SCOTT CRAIG: Um, when Waukesha Sheriff’s Department came to my house and took her away.

Kurczewski was detained because she might have breached the terms of her supervised release for her identity theft and fraud offences.

DET. AARON HOPPE (in court): This is the initial interview with Ms. Kurczewski after the warrants were carried out on July 9th.

Detective Aaron Hoppe, the head investigator in the case, and Detective Chris Kohl, interviewed Kurczewski. Hoppe showed parts of that interview to the jurors.

DET. CHRIS KOHL (police interview): Typically would you go there in the morning or the night or —

JESSY KURCZEWSKI :  I didn’t have a set — It just depended how she was doing the day before, and …

Following up on their suspicions that Kurczewski had been stealing from Hernan, Detective Chris Kohl gave her a chance to explain. She claimed Hernan had been paying her for helping at home.

DET. CHRIS KOHL (police interview): Did you have like an official arrangement —  like I make $20 an hour?

JESSY KURCZEWSKI: No. No, there was nothing. No, nothing like that. … I mean, there was no, you know, one day, “oh, here’s a check.” One day, “here’s my card, go get this,” One day—I mean, it was no, no set —

DET. CHRIS KOHL: No set amount?

JESSY KURCZEWSKI: No. … I mean, she’d help out. She’d tell my mom, “Oh, this month I’m going to pay your rent” or “I’m gonna pay your car.”

Jurors watched as Detective Kohl, for the first time, shared Hernan’s autopsy results with Kurczewski.

DET. CHRIS KOHL: There’s an anomaly in her toxicology. There’s a drug in her system that’s not supposed to be there.

JESSY KURCZEWSKI: And what would that be?

DET. CHRIS KOHL: Um, it’s called tetrahydrozine (sic).

JESSY KURCZEWSKI: What is that?

DET. CHRIS KOHL: More commonly known as eye drops.

JESSY KURCZEWSKI: She used eye drops all the time.

DET. CHRIS KOHL: What did she use ’em for?

JESSY KURCZEWSKI: She used ’em for her eyes. … She put ’em in her eyes all the time.

DET. CHRIS KOHL: What killed her is the eye drops.

JESSY KURCZEWSKI: Are you serious?

DET. CHRIS KOHL: Mm-hmm (affirms).

In the interview Detective Kohl told Kurczewski that the medical examiner thought someone gave the eye drops to Hernan — orally — in an attempt to kill her.

Do you guys think I murdered her?

Did you?

I swear to God, I didn’t — I did not.

Seems you’re the one who had the most to gain on this.

However, investigators assert Kurczewski was fully aware of tetrahydrozoline. She communicated to her partner Scott via text messages that someone had slipped it into her beverage while she was at a pub, roughly three months subsequent to Hernan’s demise. The messages were read aloud in court by Detective Hoppe:

Detective Aaron Hoppe quoting Jessy to Scott: “Scott, I’m not feeling well.”

Scott conveyed to the investigators that Kurczewski had told him she had been to the hospital.

Detective Aaron Hoppe quoting her words: “I was informed my blood pressure is extremely high”

DET. AARON HOPPE: “I have traces of tetrahydrozoline in my blood”

DET. AARON HOPPE: “The doctor said…that’s the main…ingredient in eyedrops.”

DET. AARON HOPPE: “He said people put it in people’s drinks all the time”

DET. AARON HOPPE: “He said there’s no taste to it and people don’t notice.”

Stephanie Rodriguez: Jessy also tells Scott in those text messages that people can die from tetrahydrozoline poisoning.

DET. AARON HOPPE: “u can die from that”

JESSY KURCZEWSKI’S CHANGING EXPLANATIONS

ABBEY NICKOLIE:  Detective Hoppe, I think you testified you spoke again with Ms. Kurczewski?

DET. AARON HOPPE: That’s right.

On the ninth day of the trial, the jury viewed a video of an additional discussion between Jessy and the investigators. This conversation took place the day succeeding her arrest on a parole hold. She had expressed her desire to converse with the detectives once more.

JESSY KURCZEWSKI: I endured sleeplessness all night, aiming to recall every possible thing. I was considering the Visines.

Having spent her initial night in jail, Kurczewski’s narrative took a turn. Subsequent to her arrest, Kurczewski had given detectives a narration that Hernan utilized eye drops for treating dry eyes. Now, Kurczewski divulged to Hoppe that Hernan had another application for it.

JESSY KURCZEWSKI (police interview): She was drinking vodka and Visine.

Stephanie Rodriguez: During the second day of interviews with detectives, the jury heard Jessy tell them that Lynn did drink Visine.

DET. AARON HOPPE: How do you know she had mixed Visine with — with her vodka?

JESSY KURCZEWSKI: Because that’s what she did.

DET. AARON HOPPE: Why?

JESSY KURCZEWSKI: She’s done it about three times.

DET. AARON HOPPE: Why? Why didn’t you tell us that yesterday.

JESSY KURCZEWSKI: Because I didn’t want to tell you guys because you guys are making it sound like it happened the day of, and that’s not when she was doing that.

Stephanie Rodriguez: But Jessy says she never gave Lynn Hernan any Visine.

DET. AARON HOPPE: Did you ever put the vodka — the Visine in the vodka?

JESSY KURCZEWSKI: Never. Swear to God.

DET. AARON HOPPE: So she put the Visine (Yup) in her vodka…

Then Kurczewski went further.

Stephanie Rodriguez: Jessy goes into detail about how Lynn wanted to die by suicide. … that Lynn was using the eye drops to help her die by suicide.

JESSY KURCZEWSKI (police interview): She was looking for her way out.

Kurczewski vehemently denied helping Hernan die.

JESSY KURCZEWSKI (police interview): I never mixed it. I swear to God. I bought it for her. And I knew she was mixing it. … She put it into her water once in a while, and in her vodka once in a while.

The following day, Kurczewski requested to converse with the investigators once again — this marked the third meeting in three consecutive days. The jury was privy to watch as Kurczewski had a new divulgence for the officers.

Stephanie Rodriguez: Jessy discloses to detectives that Lynn would experience a high from consuming Visine.

JESSY KURCZEWSKI (police interview): She remarked that she lost sensation in her body. It induced a pleasant sensation. … And I truly believed that her doing this for an extended period wouldn’t lead to her untimely demise. . I genuinely didn’t foresee that. I thought, OK, she managed to get some rest from it, that’s all. She was at it for two months, at the very least.

DET. AARON HOPPE: Doing what?

JESSY KURCZEWSKI: The Visine.

And Kurczewski now said that Hernan actually 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 own water bottle.

JESSY KURCZEWSKI (police interview): That bottle of water right there had in six — six Visines. …

JESSY KURCZEWSKI: I didn’t put it in there. I gave her the bottle of water …

DET. CHRIS KOHL: Which is the one you know has six bottles of Visine in it?

JESSY KURCZEWSKI: Yep.

DET. CHRIS KOHL: ‘Cause she told you. And you give it to her?

JESSY KURCZEWSKI: Well, we argued about it.

Kurczewski said she spent 10 minutes trying to stop Hernan.

JESSY KURCZEWSKI: She said, “No, I want that bottle of water. It’ll put me to sleep.” …

DET. CHRIS KOHL: And then you gave in?

JESSY KURCZEWSKI: Yep. … it’s her choice and what she wanted …

DET. CHRIS KOHL: And then you left?

JESSY KURCZEWSKI: Yep.

Hours later, detectives alleged Kurczewski opened that JCPenney credit card in Hernan’s name and went grocery shopping.

JESSY KURCZEWSKI (police interview): I didn’t do it to her, though. I didn’t (cries).

It would be 23 months later that Jessy Kurczewski was charged with Lynn Hernan’s death.

When it was the defense’s turn, Kurczewski’s attorneys focused almost solely on their claim that Hernan died by suicide by drinking Visine.

Gary Verdin, a friend of Kurczewski ‘s mother, testified he’d been in Hernan’s condo twice, the second time about a year before her death. Yet his memory of the visit was clear.

GARY VERDIN (in court): I saw her always sitting in this, uh, chair with a table adjacent. … She possessed, um, a … white slurpy cup, uh, straw protruding from it. She held a bottle of vodka by her side. … She had,  an ash tray, her cigarettes and a bottle of Visine.

DONNA KUCHLER: Are you certain it’s Visine?

GARY VERDIN: Yes.

Verdin gave testimony that he overheard Hernan via speakerphone on another instance when he visited Kurczewski’s mother, Jennifer Flower.

GARY VERDIN (in court): Lynn just started rambling off … and she was either sleepy or tired or whatever, but she was, uh, rattling off about the will. … Then she started talking about how she wanted to kill herself.

The defense called Sara Tromp, a nurse practitioner who began treating Hernan for back pain in 2017. Despite prescribing several pain medications for her, Tromp said Hernan did not improve.

PABLO GALAVIZ (in court): In 2018, January, she continues to complain about her back pain.

SARA TROMP: Yes.

PABLO GALAVIZ: The pain being worsening, correct?

SARA TROMP: Yes.

Forensic pathologist Dr. Lindsey Thomas was hired by the defense.

DR. LINDSEY THOMAS (in court): I would say her past medical history was very significant. … She had a very long list of medical conditions and, uh, also had quite a few psychiatric disorders. … depression, anxiety, agoraphobia — which is fear of public places … chronic insomnia. Those were the ones that were listed in her medical records.

Dr. Thomas testified in agreement with the state’s conclusion regarding Lynn’s medical problems contributing to her death. However, she disagreed with the finding that tetrahydrozoline poisoning was the cause of Lynn’s death.

According to Stephanie Rodriguez, the defense’s forensic pathologist stated that the cause of Lynn’s death remained uncertain, but argued that it was potentially due to mixed-drug toxicity. This suggests a combination of all the drugs found in Lynn’s system may have led to her death.

When questioned by Donna Kuchler in court, Dr. Lindsey Thomas was asked, “Would you say that there is strong evidence that Lynn Hernan’s death was a suicide?”

Dr. Lindsey Thomas responded, “Uh, I would say there’s strong evidence that certainly could have been a suicide. Yes.”

At the end of the defense, Judge Jennifer Durow questioned Kurczewski about her plans to testify.

Judge Durow (inside the court): What have you decided?

Jessy Kurczewski: The decision was very tough for me, but in the end, I have chosen not to testify.

According to the closing statement of Deputy District Attorney Abbey Nickolie, Kurczewski’s sole motivation was financial gain.

Abbey Nickolie speaking in court said, “Miss Kurczewski’s intention was evident; it was to murder… And the motive was for her own personal gain… This is a person who has profited over $144,000 before death and over $80,000 after.”

In her closing argument, defense attorney Donna Kuchler argued that Hernan committed suicide.

Donna Kuchler, while in court stated, “The state has not proven beyond reasonable doubt that this was a case of first-degree premeditated murder.”

She further added, “Jessy knew that Lynn could… consume Visine by drinking it… nonetheless, she is unaware of the circumstances that led to her death on that day; it appeared to be a suicide by overdosing on pills, committed by someone who was unhappy.”

As for the allegations that Jessy stole from Hernan, the defense contended that Hernan gave Jessy the money because Lynn knew she was going to end her own life.

DONNA KUCHLER (in court): Lynn gave Jessy money all the time because she wanted to.

DONNA KUCHLER (in court): She wanted Jessy to have it. She knows she’s going out. … And Lynn made a decision. She made a decision that she was going to exit. And … she did that on October 3rd once Jessy had left the home.

In its rebuttal, the prosecution pushed back.

ABBEY NICKOLIE (in court): To ensure that this was a suicide, you would have to consider that by the greatest cosmic intervention in the whole world, it happened at the precise moment when Miss Kurczewski increased the amount of money she earned in this entire ordeal.

The jury deliberated for seven hours on the first day but did not reach a ruling.

Stephanie Rodriguez: The verdict watch for this case was intense… when the jury began to contemplate into the second day, there was some curiosity.

Anthony Pozza: That’s when I started to get anxious.… I was wondering why, you know, what’s the delay.

On Nov. 14, 2023, after 10-and-a-half hours of deliberation, Jessy Kurczewski steadied herself as Judge Jennifer Dorow read the jury’s verdicts: guilty of first-degree intentional homicide.

Kurczewski broke down as the judge continued. She was also convicted on the two counts of felony theft — for stealing money from Hernan before and after she died.

Anthony Pozza: I was just overcome with emotion. … it also makes you reflect on the last five years … with the lies and the deceit.

But before sentencing, the case took a bizarre turn when an envelope containing 37 pages of hand-written letters and documents was received by a friend of Kurczewski’s, who then turned it over to the sheriff’s department.

Stephanie Rodriguez: The message implores a confidant of Jessy to falsify evidence, generate a voice clip acting as Lynn Hernan … to dispatch all of … this … to the magistrate overseeing this case, to local press, even to the governor in an attempt to establish Jessy’s innocence.

It was stated by prosecutors that these papers were penned by Kurczewski on the reverse of her court documents, providing “Instructions” to her friend on impersonating Hernan and concocting evidence for court submission.

Kurczewski purportedly requested her friend to “record a voice message” acting as Hernan, penning “Her voice is older, scratching … and feminine.” Kurczewski supposedly instructed her friend to utter, “I cannot persist” … “I decided to ingest Visine and terminate my existence. ” Kurczewski refuted the claims of authoring the documents, which instigated the sheriff’s department to look into their source.

The conclusions of this investigative endeavour were unveiled on April 5, 2024, when Kurczewski reappeared in Judge Dorow’s courtroom for her sentencing.

Prosecutors played video recorded in Kurczewski’s bunk room at the Waukesha County Jail a few days before those documents were handed over to the authorities.

JUDGE DOROW: Ms. Kurczewski, this is your chance to address the court. What, if anything, would you like to express?

Kurczewski again refuted that she was the author of those documents. She spent nearly two hours, continuously, asserting her innocence — emphasizing that the only thing she was guilty of was being a devoted friend.

They indicated that the video showed Kurczewski placing papers into an envelope, leaving it on the bed of another inmate who later transports it to a mail drop-off. The prosecution said this demonstrated Kurczewski authored those documents.

JESSY KURCZEWSKI (in court): Let’s be very clear here, there was no murder. I did not commit murder. I did not poison Lynn, give her pills or anything else. … it is a lot to be accused and convicted of murder when I didn’t do it (chokes up) … You’re holding me responsible for what she did.

Judge Dorow said she believed Hernan’s death was premeditated.

JUDGE DOROW: Tetrahydrozoline was not something we expected to find. … And I do believe it was something you, Ms. Kurczewski, banked on no one testing for. … I have to ask out loud, it’s in a rhetorical question, but were you poisoning Lynn Hernan all along? Following your release from prison?

JESSY KURCZEWSKI: No.

JUDGE DOROW: I’m not asking for an answer, this is my time. So do not interrupt me.

Kurczewski was sentenced to life in prison on the intentional homicide charge, and 10 years for the two theft charges. The soonest she could be paroled would be after 40 years, when she would be nearly 80 years old.

JIM KELLIHER (in court): Jessy poisoned Lynn like she was a rodent.

Lynn Hernan’s friend, Jim Kelliher, had a few final words for her killer.

JIM KELLIHER (in court): The devil awaits you. I hope you rot in hell. Lynn Hernan is an angel in heaven. May you rest in peace, Lynn. You’re dearly missed. And always will be. I’m so very sorry. God bless.

Jessy Kurczewski’s mother, Jennifer Flower, has not been charged with any wrongdoing in connection with Lynn Hernan’s death.

Kurczewski says she plans to file an appeal.

Richard Barber is the producer/editor. Susan Mallie and Lauren Clark are the producers. Charlotte A. Fuller is the development producer. Marcus Balsam and Phil Tangel are the editors. Michelle Sigona and Tamara Weitzman are the development producers. Anthony Batson is the senior producer. Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.

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