Jessy Kurczewski found guilty on all three charges in Waukesha eye drops homicide trial

Erik S. Hanley
Milwaukee Journal Sentinel

Jessy Kurczewski has been found guilty of all three charges in the Waukesha County eye drops trial.

The jury returned its verdict shortly before 1:30 p.m. Tuesday.

The jury deliberated for approximately seven hours Monday following closing arguments. Deliberations began again at 9 a.m. Tuesday and lasted for nearly four hours.

Kurczewski, 39, of Franklin, was accused of poisoning beautician Lynn Hernan, a friend, with Visine drops in 2018. It was also alleged she took more than $290,000 from Hernan.

Jessy Kurczewski reacts to guilty verdicts being read during the eye drops homicide trial at the Waukesha County Courthouse on Tuesday, Nov. 14, 2023. Kurczewski, 39, of Franklin, was charged in the 2018 death of Lynn Hernan, 61, of Pewaukee, after an autopsy showed Hernan died from ingesting tetrahydrozoline, the main ingredient in eyedrops. A jury found Kurczewski guilty of first-degree intentional homicide and two felony theft charges.

Kurczewski was found guilty of one felony count of first-degree intentional homicide and guilty of two counts of theft of movable property less than $100,000 but more than $10,000.

Sentencing will take place at 1:30 p.m. Dec. 7.

Kurczewski faces mandatory life in prison for the homicide charge while the other two counts carry a maximum of five years in prison for each.

Following the verdict, Deputy District Attorney Abbey Nickolie thanked the jury and witnesses for their efforts, saying the trial was “seeking justice for life that was unjustly taken.” She called the verdict “a step toward closure to all those who grieve Lynn.”

“The defendant betrayed Lynn out of greed,” Nickolie said.

Anthony Pozza, a friend of Hernan who said she was more like an aunt, said she was not a loner and was the life of most get-togethers. He said this ordeal has been “five years of stress,” but knew he had to be part of it for “Aunt Lynny.”

The defense did not speak with media following the verdict.

Deputy District Attorney of Waukesha County Abbey L. Nickolie speaks following the guilty verdict in the Jessy Kurczewski trial Tuesday, Nov. 14, 2023, in the Waukesha County Courthouse. Jessy Kurczewski, 39, of Franklin, poisoned beautician Hernan, a friend, with Visine drops in 2018 and took more than $290,000 from her.

Hernan was found dead on Oct. 3, 2018

Hernan, 62, was found dead in her condo in Pewaukee on Oct. 3, 2018, surrounded by pill bottles. Various medications were found in her system along with tetrahydrozoline, a chemical found in Visine, according to toxicology reports.

The Waukesha County Medical Examiner determined Hernan was poisoned and labeled the death a homicide. Kurczewski claimed Hernan was suicidal and consumed eye drops with vodka on her own.

Defense Attorney Donna Kuchler said Hernan’s death was due to a "polydrug overdose" ― a lethal mixture of various drugs in her system ― and not from the tetrahydrozoline.

What was said during closing arguments the day before?

The state’s closing arguments on Nov. 13 focused on the tetrahydrozoline citing that as what killed Hernan. Regarding the money, Nickolie highlighted the drop in Hernan’s credit score months before her death due, in part, to maxed credit cards. She also noted multiple checks being made out to Kurczewski for large amounts draining Hernan’s bank account and a “fraudulent” loan.

Additionally, Nickolie highlighted how Waukesha County Sheriff's Department Detective Nathan Plennes determined the documents Kurczewski provided to show where the money went were fake.

Kuchler argued Hernan’s death was due to a mixture of various drugs, some she was no longer supposed to be taking, in her system. Kuchler said Hernan was in a lot of pain due to a myriad of health issues and it was after a palliative care consultation she decided to start spending money, including giving a lot to Kurczewski, before allegedly deciding to commit suicide.

“Lynn gave Jessy money all the time because she wanted to,” Kuchler said. “Giving money to Jessy made her happy. Jessy was like her daughter.”

Nickolie rebutted saying the defense was turning their argument into “a full-blown attack on Lynn Hernan” in an effort to “mislead” the jury.

Contact Erik S. Hanley aterik.hanley@jrn.com. Like his Facebook page, The Redheadliner, and follow him on X @Redheadliner.