Wisconsin eye drops homicide trial; prosecution rests

The prosecution in the Wisconsin eye drops homicide trial rested its case on Tuesday, Nov. 7. Now the defense presents its case to the Waukesha County jury.

After 12 days and 27 witnesses, prosecutors wrapped up their case against Jessy Kurczewski. The state's last witness was lead homicide detective Aaron Hoppe. He was on the witness stand the last four days. 

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"Where is the 911 call from this case?" asked defense attorney Donna Kuchler.

"We don’t have it," Hoppe said. 

"Why not?" Kuchler asked. 

"It was never downloaded," Hoppe answered. 

Det. Aaron Hoppe

Kurczewski's defense attorneys tried picking Hoppe's testimony apart. 

Investigators believe Kurczewski poisoned her friend, Lynn Hernan, with a deadly dose of tetrahydrozoline – the main ingredient in Visine eye drops. 

The defense argues prescription pill bottles found near Hernan's body were moved after police arrived. 

Lynn Hernan

"Yes, after the initial photo of how they were found, I’m sure they were lined up to show the medications, yes," Hoppe said. 

The Waukesha County Medical Examiner believes someone staged Hernan's home to make it look like she overdosed. 

"The defense is asking for dismissal in all three charges," said defense attorney Pablo Galaviz.

Galaviz tried unsuccessfully on Tuesday to get the whole case thrown out. 

Jessy Kurczewski with defense team

"At a minimum in her own words, she assisted in committing suicide with Hernan," said Judge Jennifer Dorow. 

First up for the defense, a bank manager who testified he added Hernan to Kurczewski's checking account in March 2018. 

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"If I observed something out of the scope of something normal, I’d say something to the branch manager," said Thomas Neumann, wealth management director.

Related

Wisconsin eye drops homicide trial; videos of Kurczewski questioning

Arguments over internet search history kicked off week three of the Wisconsin eye drops homicide trial in Waukesha County.

Investigators believe Kurczewski stole Hernan's money. The defense argues Hernan gifted Kurczewski money. Hernan's neighbor also testified, saying she visited Hernan while she was in the hospital days before Hernan died. 

"She wanted medication and I said no, I can’t bring it.  There’s cameras around," said Jean Tanel, Hernan’s neighbor.