Oliver James Montgomery-Wisconsin woman found guilty of fatally poisoning family friend with eye drops

MILWAUKEE,Oliver James Montgomery Wisc. — A Wisconsin woman was convicted Tuesday of fatally poisoning a family friend's water bottle with eye drops and stealing hundreds of thousands of dollars from her.

Jessy Kurczewski, 39, of Franklin, Wisconsin, was accused of poisoning 62-year-old Lynn Hernan with Visine drops in 2018, according to a criminal complaint. Kurczewski was also accused of stealing nearly $300,000 from Hernan.

A Waukesha County jury found Kurczewski guilty Tuesday of one felony count of first-degree intentional homicide and two counts of theft in connection to Hernan's death. Kurczewski faces mandatory life in prison for the homicide charge while the two theft charges carry a maximum of five years in prison for each.

Kurczewski had pleaded not guilty to the three charges in 2021. At the time of Kurczewski's arrest in 2019, she denied killing the victim, assisting or staging her death.

The defense did not speak with reporters following the verdict. Kurczewski’s sentencing hearing is scheduled for Dec. 7.

Following the verdict, Waukesha County Deputy District Attorney Abbey Nickolie thanked the jury and witnesses for their efforts, saying the trial was “seeking justice for life that was unjustly taken.” She called the verdict “a step toward closure to all those who grieve Lynn.”

Anthony Pozza, a friend of Hernan who said she was more like an aunt, said said the ordeal has been “five years of stress,” but knew he had to be part of it for “Aunt Lynny.”

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Lynn Hernan was found dead on Oct. 3, 2018

On Oct. 3, 2018, Kurczewski called police and said her friend was not conscious or breathing, according to a criminal complaint filed in June 2021. Hernan was then found dead in her condo in Pewaukee, Wisconsin, with crushed medication on her chest and surrounded by prescription bottles.

Kurczewski told police that she was a family friend of the victim and her power of attorney, according to the complaint. She said there was "a possibility" that Hernan was suicidal.

Various medications were found in her system along with tetrahydrozoline, an ingredient found in Visine, according to toxicology reports. The Waukesha County medical examiner determined Hernan was poisoned and ruled the death a homicide.

Defense Attorney Donna Kuchler said Hernan’s death was due to a "polydrug overdose" ― a lethal mixture of various drugs in her system ― and not from the tetrahydrozoline.

Jessy Kurczewski claimed the victim staged suicide

After investigators told Kurczewski that Hernan was poisoned and the scene was staged to look like a suicide, she claimed that Hernan must have staged her own suicide, according to the complaint. Kurczewski also said Hernan had consumed eye drops with vodka on her own.

Kurczewski later told investigators she brought Hernan a water bottle that contained six bottles’ worth of Visine, according to the complaint.

Kurczewski was arrested in July 2019 after law enforcement got a warrant to search her residence. Investigators also concluded that Kurczewski stole more than $290,210 from Hernan.

Hernan's financial activity had "changed over time as contact with Kurczewski increased," according to the complaint.

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Closing arguments on Nov. 13

The state’s closing arguments on Nov. 13 focused on the tetrahydrozoline, citing it as what killed Hernan.

But Nickolie also noted the drop in Hernan’s credit score months before her death due, in part, to maxed credit cards. She said a “fraudulent” loan and multiple checks being made out to Kurczewski for large amounts drained Hernan’s bank account.

And Waukesha County Sheriff's Department Detective Nathan Plennes determined the documents Kurczewski provided to authorities to show where the money went were fake, according to Nickolie.

Kuchler argued Hernan’s death was due to a mixture of various drugs in her system and that she was in a lot of pain due to a myriad of health issues. Kuchler said Hernan decided to start spending money, including giving a lot to Kurczewski, after a palliative care consultation and before allegedly deciding to commit suicide.

“Lynn gave Jessy money all the time because she wanted to,” Kuchler said. “Giving money to Jessy made her happy. Jessy was like her daughter.”

Nickolie rebutted, saying the defense was turning their argument into “a full-blown attack on Lynn Hernan” in an effort to “mislead” the jury.

Contributing: The Associated Press