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 was able to steal $144,000-plus from Lynn Hernan while she was still alive.
Stephanie Rodriguez: And then she wanted Lynn dead to get the money from her estate.
RANDY SITZBERGER (in court): Lynn Hernan was … dead at only 62 years old from a tetrahydrozoline poisoning after the defendant gave her a bottle laced with Visine eye drops to drink.
But the defense presented Kurczewski as a close friend who took care of Hernan — who they claimed was depressed about her declining health.
PABLO GALAVIZ (in court): 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.
PABLO GALAVIZ (in court): 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 and Hernan had been close since childhood, with Kurczewski's mother being a longtime friend of Hernan.
During the court proceedings, Pablo Galaviz described Jennifer as Hernan's best friend, with Jessy stepping in to become another close companion.
Despite never marrying and living alone, Hernan's health took a sharp decline in the years leading up to her passing.
Stephanie Rodriguez shared instances where Jessy had to assist Lynn after falls in her home due to her failing health.
Dealing with lung disease, high blood pressure, and gastrointestinal problems, Hernan's health struggles remained a mystery to doctors, leading to multiple hospital visits in her final year.
Stephanie Rodriguez highlighted Jessy's role as Lynn's full-time caregiver, taking care of daily tasks like grocery shopping and bill payments.
Pablo Galaviz testified that Jessy was the sole person Lynn trusted during her declining health.
The defense team argued that as Hernan's condition worsened, she withdrew from social interactions and became despondent.
Describing her appearance, Pablo Galaviz noted that Hernan no longer cared about her looks, refusing visitors as she no longer felt like herself.
The defense argued that on Oct. 3, 2018, Hernan was tired of being sick, and decided to take 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 (in court): Jessy told you it was common for Lynn to crush medications because of her problems swallowing.
TABITHA KUKES: That's what she told me.
Jurors heard from Chief Medical Examiner Dr. Lynda Biedrzycki who testified about those photos taken in Hernan's living room. She said the pills and powder scattered at the scene did point to a potential suicide.
During the court session, Dr. Lynda Biedrzycki discussed the possibility of ingestion as the cause of death.
However, she decided to wait for the toxicology test results before confirming the cause of death. When the results arrived weeks later, they revealed a surprising outcome.
Dr. Biedrzycki delved into her own investigation on tetrahydrozoline, a substance present in certain over-the-counter eye drops.
But the question remained: how did this substance end up causing death?
DEATH BY EYE DROPS
Testifying in court, Medical Examiner Dr. Lynda Biedrzycki disclosed that in late September 2019, almost a year following Lynn Hernan's passing, she issued her official determination regarding the cause of death.
DR. LYNDA BIEDRZYCKI: The cause of death I concluded was tetrahydrozoline poisoning.
Dr. Biedrzycki asserted that Hernan did not intentionally ingest a lethal amount of eye drops.
DR. LYNDA BIEDRZYCKI: The way this substance was introduced into her system was through someone else, which is why I classified it as a homicide.
Stephanie Rodriguez: Lynn Hernan Ingested Tetrahydrozoline Unknowingly
The belief that Lynn Hernan was given tetrahydrozoline by another shows that she was given this unsuspectingly. She didn't know that she was ingesting tetrahydrozoline when she did it.
The defense challenged the medical examiner's findings.
DONNA KUCHLER (in court): These are all the drugs that were found in Ms. Hernan … right?
DR. LYNDA BIEDRZYCKI: Correct.
Stephanie Rodriguez
DONNA KUCHLER (in court): And these were all in her blood, which means they'd already been ingested and made it into the bloodstream.
DR. LYNDA BIEDRZYCKI: True.
Stephanie Rodriguez: Medications Found in Lynn Hernan's Body at Therapeutic Levels
Biedrzycki said that in her determination, those medications, along with some of Hernan's medical conditions, contributed to but did not cause Hernan's death.
The medications found in Lynn's body were all at therapeutic levels.
DONNA KUCHLER (in court): Your conclusion was that she died from the tetrahydrozoline, right?
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.
DONNA KUCHLER: You weren't there.
DR. LYNDA BIEDRZYCKI: I wasn't there.
On redirect, Deputy D.A. Nickolie asked about the powder found on and near Hernan's body.
ABBEY NICKOLIE (in court): What do you think happened?
DR. LYNDA BIEDRZYCKI: I think that they may have been deposited there.
Stephanie Rodriguez The following day, the jury heard from some of Hernan's friends. RANDY SITZBERGER (in court): Did you know Lynn Hernan? JIM KELLIHER: Yes, I did. Jim Kelliher met Lynn Hernan at a music festival in 1983, when she was 27. Jericka Duncan: What was your first impression? Jim Kelliher: That a lady that looked that good wouldn't go out with me (laughs). But Hernan said yes and their romantic relationship lasted 10 years. Even after it ended, they remained close friends. Jim Kelliher: Lynn was a beautiful lady. … inside and out, she was beautiful. Kelliher says he never met Kurczewski until right after Hernan died. 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 says he didn't believe Hernan would have taken her own life. RANDY SITZBERGER (in court): Did you ever hear Lynn say anything to you about thinking of killing herself? JIM KELLIHER: No, I did not. … She … never, never gave me the indication of suicidal. Never. He said that despite her growing frustration with her health problems, Hernan would still visit him and his girlfriend at their home. JIM KELLIHER (in court): She'd bring treats and stuff … She would say she got stomach aches or whatever, and she would always leave. But the defense questioned whether Kelliher really knew much about Hernan's health struggles. In the last year of Hernan's life, she'd been in and out of the hospital, discharged the final time just five days before her death. 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 said she was starting to feel better, and … and she's like … I'm fin — you know, I'm glad I'm getting out again, and, you know, we need to do this more often. During the court proceedings, prosecutors questioned Waukesha County Sheriff's Detective Chris Kohl regarding his investigation into Hernan's death. ABBEY NICKOLIE (in court): Did you speak with Ms. Kurczewski in regard to this death investigation? DET. CHRIS KOHL: Yes. … She contacted our office looking for an update. As evidence, prosecutors presented a video of a meeting with Detective Kohl. He revealed that five months after Hernan's death, and before the medical examiner had determined the cause of death, Kurczewski visited the sheriff's department with her mother, Jennifer Flower, seeking information. JESSY KURCZEWSKI (during a police interview): You know, when I talked to the medical examiner last, um, well, I talked to them numerous times … And they said, I had to contact you guys … they kinda like, weren't sure we — didn't know if it was a suicide or if it was something medical ... DET. CHRIS KOHL: So, at this point, I mean, they're waiting for their — their secondary, their — they call 'em confirming tests. JESSY KURCZEWSKI: Yeah. Through the interview, Kohl learned more about Kurczewski's close bond with Hernan. JESSY KURCZEWSKI (police interview): She was like an aunt, a second mom to me. She didn't have kids. DET. CHRIS KOHL: So you've known her your whole life? And that's kinda — that's why you were helping her out? JESSY KURCZEWSKI: Yeah. During a police interview, Jessy Kurczewski revealed that she was one of the few people still in Hernan's life before her passing. JESSY KURCZEWSKI (police interview): She pretty much shut everyone out towards the end. ... she would say 'No, I don't want to see anybody.' According to Kurczewski and her mother, Hernan was so isolated that she refused to speak to her friend Jim Kelliher when he reached out. JENNIFER FLOWER (police interview): She told me, "Do not inform him. I don't want him here. I don't want to see him." JESSY KURCZEWSKI (police interview): She was uncomfortable with her appearance, so she preferred to be alone. However, Kelliher recalls a different interaction when he and his girlfriend tried calling Hernan's number. Jim Kelliher: This girl answered the phone, and she was rude to us, saying, "don't use this phone, don't call this number ever again, don't worry about Lynn." ... Jericka Duncan: And what was going through your mind? Jim Kelliher: I need to hear from Lynn to understand what's happening. A few days later, Kelliher received a call from Hernan while she was in the hospital, and they made plans to meet up once she was discharged. Jim Kelliher: That was the final time I got to hear Lynn's voice. During the court proceedings, Randy Sitzberger asked Anthony Pozza if Ms. Kurczewski had mentioned who would handle Lynn's estate. Anthony Pozza replied, "Yeah, she said she was appointed power of attorney." The prosecution delved into allegations that Kurczewski had taken money from Hernan, prompting questions about Pozza's interactions with Kurczewski post Hernan's passing. Anthony Pozza testified in court, "I would just check up with Jessy every once in a while via text and ask her if she needed any help." Hernan had left a will in 2016 naming Kurczewski as the personal representative and Anthony Pozza as a co-beneficiary. When Kurczewski shared some account settlement paperwork with Pozza, he was shocked by the amount of debt Lynn seemed to have accumulated. Anthony Pozza recalled, "I just remember getting a final account with just a bunch of credit card bills …" ANTHONY POZZA (in court): I just felt like something was up and I wanted it looked at more closely. The jury next heard from someone who was looking more closely. RANDY SITZBERGER (in court): You went through all these financial accounts sort of line by line, is that correct? DET. NATHAN PLENNES Yes. Detective Nathan Plennes testified about the investigation into Hernan's finances. Prosecutors alleged Kurczewski stole more than $200,000 from Hernan before and after she died. And in the course of their investigation, detectives discovered a bombshell: Kurczewski had a criminal record. In 2011, Kurczewski was convicted on charges of identity theft and forgery and sentenced to eight years. Jessy had been released from prison early in 2016 on extended supervision — which coincided with the time Hernan's health began to decline. Plennes shared with the jurors his findings regarding Hernan's bank accounts. He revealed that Hernan's money market account, which held approximately $250,000 in 2016, had dwindled to a mere $87 shortly after her passing. A portion of the funds were used by Hernan to purchase a Jeep and some jewelry, while almost all the remaining amount, including 20 checks, was directed to Kurczewski. Stephanie Rodriguez: Jessy faced allegations of misappropriating funds from Lynn by accessing checks from Lynn Hernan's account with various memo notes such as IRS payment, car payment. However, none of the funds were allocated to their intended destinations as per Lynn's wishes. Plennes detailed to the jury how he matched each check to deposits in Kurczewski's accounts and traced the expenditures made by Kurczewski. There was a notable increase in spending during Hernan's hospitalization two weeks prior to her demise. Stephanie Rodriguez: Throughout her final hospitalization, funds were being transferred from Hernan's account to Kurczewski's account. Subsequently, Kurczewski withdrew the funds from ATMs at a nearby casino. Plennes also stated that on the day of Hernan's passing, a JCPenney credit card was opened in her name. Shortly after, a $3,000 furniture purchase, charged to another credit card in Hernan's name, was delivered to the residence shared by Kurczewski and Scott Craig. RANDY SITZBERGER (in court): Mr. Craig, how do you know Ms. Kurczewski? SCOTT CRAIG: We were in a relationship for about three-and-a-half years. RANDY SITZBERGER: What was it that happened in the summer of 2019 that caused that end to the relationship? SCOTT CRAIG: Um, when Waukesha Sheriff's Department came to my house and took her away. Kurczewski was arrested for potentially violating the terms of her supervised release on those identity theft and fraud charges. DET. AARON HOPPE (in court): This is the initial interview that was conducted with Ms. Kurczewski once the warrants were conducted on July 9th. Detective Aaron Hoppe, the lead investigator in the case, and Detective Chris Kohl, interviewed Kurczewski. Hoppe watched portions of that interview along with 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. JESSY KURCZEWSKI : Do you guys think I murdered her? DET. CHRIS KOHL: Did you? JESSY KURCZEWSKI: I swear to God, I didn't — I did not. DET. CHRIS KOHL: Seems you're the one who had the most to gain on this. But detectives say Kurczewski knew all about tetrahydrozoline. She told her boyfriend Scott, in text messages, someone had put it in her drink when she was at a bar about three months after Hernan's death. Detective Hoppe read the texts in court: DET. AARON HOPPE: Jessy to Scott: "Scott I don't feel good." Scott told detectives that Kurczewski said she went to the hospital. DET. AARON HOPPE: "They said my blood pressure is really bad" 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" ABBEY NICKOLIE: Detective Hoppe, I think you testified you spoke again with Ms. Kurczewski? DET. AARON HOPPE: That's right. On day 9 of the trial, the jury watched video of another interview between Jessy and detectives. This one took place the day after she was arrested on that parole hold. She had asked to speak to detectives again. JESSY KURCZEWSKI: I was up all night long trying to think of everything and anything. I was thinking of the Visines. After spending her first night in jail, Kurczewski's story had changed. Right after her arrest, Kurczewski had told detectives that Hernan used eye drops for dry eyes. Now Kurczewski told Hoppe that Hernan had another use 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 asked to speak with the detectives yet again — 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 drinking Visine. JESSY KURCZEWSKI (police interview): She said she lost like feeling of her body. It made her feel good. ... And I honestly she was doing it for so long, that I didn't think she was going to die from it. . I really didn't. I thought, OK, she was getting some sleep from it, that's it. She was doing it for two months, at least. 23 months later, Jessy Kurczewski faced charges related to Lynn Hernan's death. During the defense's presentation, Kurczewski's lawyers concentrated mainly on their argument that Hernan's death was a result of suicide by consuming Visine. Gary Verdin, a friend of Kurczewski's mother, provided testimony stating that he had been to Hernan's apartment twice, with the second visit occurring about a year before her death. Despite the time that had passed, his memory of the visit was vivid. GARY VERDIN (in court): I saw her always sitting in this, uh, chair with a table next to her. … She had, um, a … white slurpy cup, uh, straw coming out of it. She had a bottle of vodka next to it. … She had, an ash tray, her cigarettes and bottle of Visine. DONNA KUCHLER: You sure it's Visine? GARY VERDIN: Yes. Verdin also mentioned that he overheard Hernan speaking on the phone while he was at Kurczewski's mother's house, 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 she agreed with the state's conclusion that Lynn's medical problems contributed to her death. She did not agree with the state's finding that Lynn died from tetrahydrozoline poisoning. Stephanie Rodriguez: The forensic pathologist that the defense brought up said that Lynn's cause of death was undetermined, but she believed it was mixed-drug toxicity. … and so that means that she thought it was a combination of all the drugs found in Lynn's system. DONNA KUCHLER (in court): Would you say that there is strong evidence here that Lynn Hernan's death was a suicide? DR. LINDSEY THOMAS: Uh, I would say there's strong evidence that certainly could have been a suicide. Yes. As the defense concluded, Judge Jennifer Durow asked Kurczewski if she'd be taking the stand. JUDGE DUROW (in court): What is that decision? JESSY KURCZEWSKI : It was very hard for me to decide, but ultimately, I will not be testifying. In her closing argument, Deputy District Attorney Abbey Nickolie said Kurczewski had just one motive: money. ABBEY NICKOLIE (in court): Miss Kurczewski's intent is clear; it was to kill … And the motive is her own personal benefit. … This is someone who has profited over $144,000 before death and over $80,000 after. In her closing, defense attorney Donna Kuchler maintained that Hernan took her own life. DONNA KUCHLER (in court): The state has not proven a first-degree intentional homicide. DONNA KUCHLER (in court): Jessy knew that Lynn would … take Visine, drink it. … But she doesn't know how she died that day, looked like a suicide with pills from a person 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 believe that this was a suicide, you would have to believe that by the most cosmic intervention in the entire world, it happened at the exact point in time when Miss Kurczewski maximized the amount of money that she made on this whole ordeal. The jury deliberated for seven hours the first day but did not reach a verdict. Stephanie Rodriguez: Verdict watch for this case was tense … when the jury began to deliberate into a second day, there was some wonder. Anthony Pozza: That's when … I got worried. … I was wondering why, you know, what's the holdup. 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 letter requests a friend of Jessy to fake evidence, create a voice recording pretending to be Lynn Hernan … to send all of … this … to the judge in this case, to local media, even to the governor to try to prove Jessy's innocence. Prosecutors said the documents were written by Kurczewski on the back of her trial notes, giving "Directions" to her friend on how to impersonate Hernan and fabricate materials, and submit them to the court. Kurczewski allegedly asked her friend to "make a voice tape" pretending to be Hernan, writing "She has an older, raspy … female voice." Kurczewski allegedly directed her friend to say, "I cannot go on anymore" … "I chose to drink Visine and end my life. " Kurczewski denied writing the documents, and the sheriff's department began an investigation into their origin And the results of that investigation were revealed on April 5, 2024, when Kurczewski was back in Judge Dorow's court for her sentencing. Prosecutors played video recorded in Kurczewski's bunk room at the Waukesha County Jail a few days before those documents were turned over to authorities. JUDGE DOROW: Ms. Kurczewski this is your opportunity to address the court. What, if anything, would you like to say? Kurczewski again denied she was the author of those documents. She spent almost two hours, without a break, proclaiming her innocence — insisting the only thing she was guilty of was being a loyal friend They said it showed Kurczewski putting papers into an envelope, leaving it on the bed of another inmate who later takes it to a mail drop-off. The prosecution said this proved Kurczewski wrote 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: Please refrain from interrupting me. This is my time to speak. Jessy Kurczewski received a life sentence for intentional homicide and an additional 10 years for two theft charges. The earliest possibility for parole would be after 40 years, when she would be close to 80 years old. JIM KELLIHER (speaking in court): Jessy treated Lynn like a rodent, poisoning her. Lynn Hernan's friend, Jim Kelliher, addressed the court with poignant words for the person who took her life. JIM KELLIHER (speaking in court): The devil is waiting for you. I hope you suffer in hell. Lynn Hernan is now an angel in heaven. Rest in peace, Lynn. You are deeply missed and will always be remembered. I am truly sorry. God bless. Jessy Kurczewski's mother, Jennifer Flower, has not faced any charges related to Lynn Hernan's death. Kurczewski has expressed her intention to appeal the verdict. 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.
CONCERNS OVER MISSING MONEY
JESSY KURCZEWSKI'S CHANGING EXPLANATIONS
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).
