Wisconsin eye drops homicide case; Jessy Kurczewski to be sentenced
WAUKESHA, Wis. - The woman convicted in the eye drops homicide case in Waukesha County is scheduled to be sentenced this week.
For nearly a month, criminal defense attorney Jonathan LaVoy watched the Jessy Kurczewski trial unfold in Waukesha County court as a spectator.
"Such a unique case in our state," LaVoy said. "It all came down to the toxicology and the issues of cause of death."
Kurczewski was convicted of poisoning Lynn Hernan's water with a fatal dose of eye drops – and stealing nearly $300,000 from her. Kurczewski was supposed to be sentenced last December, but her trial attorneys withdrew from the case. The homicide charge alone carries a mandatory life sentence.
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"What about restitution?" FOX6's Bret Lemoine asked Attorney LaVoy.
"Restitution is being claimed by the state. The reality is Jessy doesn’t really have the ability to pay restitution," LaVoy replied.
Lynn Hernan
Last week, Kurczewski sent a letter to Judge Jennifer Dorow which said she has not been able to review the state's sealed restitution request with her new attorney. Kurczewski said the state will seek $400,000 from her.
"Restitution can include the actual money taken but also peripheral costs – potentially money experts had to use to do forensic accounting or maybe interest payments that were lost," LaVoy said.
LaVoy said it is mostly a symbolic move.
"The judge is required to consider the defendant's ability to pay, but is not required to cap it at their ability to pay," LaVoy said.
Jessy Kurczewski
Meanwhile, Kurczewski's aunt wrote a letter to the court asking the judge for a "lenient sentence." Kurczewski also requested trial transcripts to prepare for an eventual appeal.
"Without a doubt, this is going to be appealed for a very, very long time. This was a complex trial with some unique issues," LaVoy said.
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The Waukesha County District Attorney's Office would not share information about Friday's restitution request, saying that will be made public during the hearing.
Kurczewski's current attorney filed a letter with the court too, saying his client objects to any restitution in this matter.
Kurczewski maintains her innocence.