Attorneys withdraw, Jessy Kurczewski's sentencing in Waukesha eye drops trial delayed

The sentencing of Jessy Kurczewski, who was convicted last month of first-degree intentional homicide and felony theft, has been delayed.

The delay is due to both defense attorneys for Kurczewski ― Donna Kuchler and Pablo Galaviz ― being granted motions to withdraw from the case due to possible conflicts of interest.

Waukesha County Circuit Court Judge Jennifer Dorow granted both motions Thursday, delaying the sentencing portion of the hearing until next year.

The motions came after a 37-page document the prosecution alleges was drafted by Kurczewski was dropped off at the home of someone who knows Kurczewski. The identity of the recipient was redacted by the prosecution for privacy reasons.

Kuchler said in court Dec. 7, the document ― at times referred to as letters ― suggests the recipient violate the law by potentially fabricating evidence. The document states the idea came from one of Kurczewski's attorneys.

Kuchler also confirmed the letters were penned on the back of notes written by the defense during the trial.

Due to the apparent allegations of professional misconduct in the letters, Galaviz said the State Bar of Wisconsin and ethics board advised him to withdraw. Kuchler said she followed the same advice in filing a motion to withdraw from the case.

What's in the 37 letters?

An envelope was dropped off Nov. 25 at the home of a person who allegedly spent a brief time in jail with Kurczewski and had video and phone visits with her, according to Assistant District Attorney Brady Sitzberger. The recipient brought the documents to police after they became "concerned" with the contents, he said.

The documents suggest the recipient send a tape recording of Hernan admitting to being suicidal ― a point the defense attempted to prove during trial ― to Judge Dorow, according to Sitzberger.

Dorow quoted the letters saying, "this was one of my attorney's ideas" and "we are trying to make a stir, a big stir to show just how wrong they are."

Sitzberger said the State thinks this is a "red herring" authored by Kurczewski and does not believe the vague allegation against either Kuchler or Galaviz contained in the letters is true.

Kurczewski, 39, of Franklin, denied writing the 37-page document, citing multiple security cameras would have seen her doing so.

"I did not write it," Kurczewski said, adding that she did not want either Kuchler or Galaviz to represent her anymore. "I need to look at my legal rights because I don't know what they are at this point."

Kurczewski said neither attorney was responsive to her any longer and said she didn't think they felt comfortable staying on as her representation.

Sitzberger said there is an active investigation into the origin of the documents and it is confirmed the envelope did not go through the postal service. However, authorities are still going through a large hard drive of surveillance video from the jail.

In granting both defense attorney motions to withdraw, Dorow cited there was, at a minimum, a serious potential conflict of interest. She said this will also allow more time for the investigation into the letters.

Due to the ruling, no sentencing took place and the proceedings were adjourned until 10:30 a.m. Jan 12 for a status of counsel as Kurczewski will need to be appointed new representation.

Background on Kurczewski's guilty verdict

After about 11 hours of deliberations, on Nov. 14, the jury foundKurczewski guilty of one felony count of first-degree intentional homicide of her friend Lynn Hernan. She was also found guilty of two counts of theft of movable property less than $100,000 but more than $10,000.

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

Kurczewski was accused of poisoning Hernan with eye drops in October 2018. It was also alleged she took over $290,000 from Hernan.

After the verdict, Deputy District Attorney Abbey Nickolie called the verdict “a step toward closure to all those who grieve Lynn.”

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

Hernan was found dead in her condo in Pewaukee on Oct. 3, 2018. Tetrahydrozoline, a chemical found in Visine, was found in her system along with various medications, according to toxicology reports.

The Waukesha County Medical Examiner labeled the death a homicide but Kurczewski said Hernan was suicidal and drank eye drops with vodka on her own.

During the trial, Kuchler said Hernan’s death was due to a lethal mixture of various drugs in her system and not from the tetrahydrozoline.

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