Eye drops homicide trial; testimony begins, case against Jessy Kurczewski

Prosecutors say it was a crime of homicide, greed and lies. But Jessy Kurczewski's attorneys say it was a case of suicide. 

A Waukesha County jury heard opening statements in the Kurczewski's homicide trial Tuesday afternoon, Oct. 24 – and testimony followed. 

What is known about this case is that 62-year-old Lynn Hernan died on Oct. 3, 2018 – and Kurczewski called 911.

Lynn Hernan

"We were dispatched to a suicide. I don't recall, word for word, the dispatch – exactly what they told us. But they did advise a female had located her friend deceased in her residence," said Waukesha County Sheriff's Deputy Christopher Rozenberger.

Hernan was found in a recliner with crushed medication on and around her – and prescription bottles.

"Jessy mentioned she felt that the person who died was starting to decline pretty fast. She wouldn't take her meds the night before," said Kelsey Michalsen, former Waukesha County Sheriff's Deputy.

Jessy Kurczewski

In January 2019, the medical examiner said Hernan had a fatal dose of the main ingredient found in eye drops – and there should not be any of the drug in Hernan's blood. Her death was ruled a homicide. 

Prosecutors charged Kurczewski in 2021 with killing Hernan and stealing money from Hernan and her estate. 

"If Lynn Hernan was here today, she would say, are you crazy prosecution? That’s my daughter that you have sitting at that desk over there. That’s my daughter," said Pablo Galaviz, Kurczewski's defense attorney.

SIGN UP TODAY: Get daily headlines, breaking news emails from FOX6 News

While not blood related, Galaviz said his client and her actual mother were close friends – and like family to Hernan.

"Lynn Hernan became worth more dead than alive to Jessy Kurczewski," said Randy Sitzberger, Waukesha County Assistant District Attorney.

Prosecutors say Kurczewski stole more than $100,000 from Hernan while she was still alive – and at the time of her death only had a couple hundreds dollars in her name. But her estate…

"She took all that money out of estate," Sitzberger said. 

Prosecutors say Kurczewski also took out thousands of dollars in loans in Hernan's name. Her defense admitted Kurczewski and Hernan falsified bank documents together – but that Hernan was suicidal and had other drugs in her system.

"You’re saying she took 25-30 pills voluntarily? Again, two that she shouldn’t have had in the system, but the Visine did it? Galaviz said.

FREE DOWNLOAD: Get breaking news alerts in the FOX6 News app for iOS or Android

The former deputy medical examiner in the case testified Kurczewski called the office multiple times asking for Hernan's cause and manner of death – something the witness said was not unusual for someone to do.