Jury deliberates for 7 hours with no verdict in eye drops trial, will resume Tuesday

Closing arguments were offered Monday morning in a nationally publicized eye drops homicide trial, with the Waukesha County jury deliberating for seven hours before before calling it a night without a verdict.

Jessy Kurczewski, 39, of Franklin, is accused of poisoning beautician Lynn Hernan, a friend, with Visine drops in 2018 and taking more than $290,000 from her.

Hernan, 62, was found dead on Oct. 3 in her condo in Pewaukee. She’d been under Kurczewski’s care at the time.

High amounts of tetrahydrozoline, a chemical found in Visine, were found in Hernan’s system, according to toxicology reports. Kurczewski claimed Hernan had been suicidal and had consumed eye drops with vodka on her own.

Final arguments wrapped just before 12:30 p.m. Monday − day 16 of the trial.

Judge Jennifer Dorow said the court was notified at 7:20 p.m. the "jury is tired."

The jury is set to return at 9 a.m. Tuesday to continue deliberations.

Kurczewski is facing one felony count of first-degree intentional homicide, one felony count of theft of movable property greater than $100,000 and one felony count of theft of movable property over $10,000 but less than $100,000.

If convicted of homicide, Kurczewski would be sentenced to life in prison. Regarding the counts of theft of movable property, each could carry a fine up to $25,000 and/or up to 10 years in prison, according to the criminal complaint.

Over an hour of closing arguments from the prosecution

The state’s closing arguments focused on three themes: “All three counts follow this theme of murder, greed and lies,” Deputy District Attorney Abbey Nickolie said.

Nickolie focused on the high levels of tetrahydrozoline, found in Visine, in Hernan’s system, saying that was what killed her.

She also highlighted how Hernan’s credit score “plummeted” months before her death, which Nickolie attributed to the increasing maxed out credit cards and a “fraudulent” loan application linked to Kurczewski amounting to $30,000.

Nickolie also said Kurczewski had been taking money from Hernan’s money market account and elsewhere.

When Nickolie said Hernan can’t answer questions about these things for herself, Kurczewski began shaking her head in disagreement and crying, the only time she did so during closing arguments.

Nickolie also mentioned how Waukesha County Sheriff's Department Detective Nathan Plennes determined the documents Kurczewski shared with fellow beneficiary Anthony Pozza, a family friend who previously said Hernan was "like an aunt," in an attempt to show where the money went were fake.

“Credibility is a huge task for you in this one,” Nickolie said to the jury.

The defense rebuts the cause of death

Defense Attorney Donna Kuchler opened the defense's closing statement by saying “this case is not a homicide.”

“It was a suicide,” she said, noting pills found in Hernan’s system, including some she was allegedly told not to take anymore. Kuchler said Hernan’s death was due to a "polydrug overdose" ― a lethal mixture of various drugs in her system ― and not from drinking Visine.

She said law enforcement wasn’t looking for eyedrops, which is why none were found, but maintained they were in the condo.

“If you’re not looking for it, you don’t see it,” Kuchler said, showing a photo from the scene which depicted a single bottle of eyedrops next to “boatloads of pills,” though Kuchler acknowledged it was not a brand that contained tetrahydrozoline.

Kuchler also called into question Medical Examiner Dr. Linda Biedrzycki’s conclusion of a lethal amount of tetrahydrozoline causing Hernan’s death. The Waukesha County Medical Examiner’s Office concluded the levels in Hernan's blood were so high it was impossible it came only from use in eyes; it had to have been ingested.

She also questioned why, if Biedrzycki thought the scene was staged, it took her a year to note it. Biedrzycki previously testified it took her 13 months to determine Hernan died by homicide following up on toxicology reports and calling for three follow-up tests.

Kuchler also claimed Hernan was in a lot of pain due to a myriad of health issues, which she said was likely a factor in the alleged suicide.

The state has “a circumstantial evidence case,” Kuchler said.

Defense says it made Hernan happy giving Kurczewski money

Regarding the financials, the defense said the FBI, while not with certainty, noted it was possible Hernan wrote the bodies of the checks made out to Kurczewski.

“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.”

Responding to allegations Kurczewski was making financial decisions and banking phone calls alone without Hernan present, Kuchler said “of course (Lynn) sent Jessy to do things for her.”

Kuchler alleged as Hernan’s health decreased, and there was a discussion with palliative care, she decided to start spending money ― and wanted Kurczewski to have a lot of it. She said eventually physical and financial woes led her to take her life.

“(Hernan) made a decision,” Kuchler said. “She made a decision she was going to exit.”

In a short rebuttal to the defense, Nickolie opened her argument passionately.

“This has become a full-blown attack on Lynn Hernan,” she exclaimed.

Nickolie said the personal attacks were intended to “mislead” the jury from the truth, saying the scene looked like a suicide because that’s what Kurczewski intended.

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