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Eye drops homicide case, attorneys withdraw
A Waukesha County judge delayed sentencing for Jessy Kurczewski, the woman convicted in the eye drops homicide case. Her attorneys have withdrawn.
WAUKESHA, Wis. - A Waukesha County judge delayed sentencing for Jessy Kurczewski, the woman convicted in the eye drops homicide case, Thursday.
The ruling stems from handwritten letters FOX6 News first reported Monday. The sheriff’s department is still trying to figure out how trial notes ended up at Kurczewski’s friend’s house. Whatever happened, Kurczewski’s attorney said it created conflict of interest.
"Sentencing should be stopped today," Kurczewski said.
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A jury convicted Kurczewski last month for killing Lynn Hernan with eye drops and stealing her money – a crime that carries a life sentence. That sentencing is on hold after Kurczewski's defense attorneys filed to withdraw from the case, citing the conflict of interest. Judge Jennifer Dorow granted that motion Thursday.
"This filing leaves a lot of questions," said Dorow.
Jessy Kurczewski in court with defense attorneys Dec. 7, 2023
A 37-page document was sent to Kurczewski’s friend, who then turned it over to the Waukesha County Sheriff’s Department last week.
"The detectives have been working, I would say, on a daily basis," said Waukesha County Assistant District Attorney Randy Sitzberger.
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Prosecutors said the document appears to be written by Kurczewski. In the letter, she asks a friend to fake paperwork – and even pretend to be Hernan in a voice recording – in an effort to back up Kurczewski’s claim that Hernan died by suicide.
While discussing the plan in her letter, Kurczewski wrote: "This was one of my attorney’s ideas."
From Jessy Kurczewski's letter to a friend
"I contacted the state bar ethics, they said I should withdraw off the case. That’s all I’m going to say," said Defense Attorney Pablo Galaviz.
Prosecutors said the letter was written on the back of Kurczewski’s trial notes. It’s still not clear how the documents were delivered; there is no postmark. Defense Attorney Donna Kuchler told Dorow she recognized her own handwriting in the notes.
"We thought it certainly relevant that these were written on the back of trial notes," said Sitzberger. "The letter purports to be from Jessy – she’s the only one to gain having someone file the things requested."
Hernan’s family and friends were prepared to deliver victim impact statements during Thursday’s sentencing. Now, that phase of the case could be delayed weeks or even months as Kurczewski gets a new attorney.
Kurczewski said she did not write the letters. She will be back in court next month with a new attorney.
Prosecutors said the defense attorneys are not under investigation.