However, the defense portrayed Kurczewski as a devoted friend who looked after Hernan — someone they insisted was struggling with her deteriorating health condition.
In court, Pablo Galaviz stated: “This case holds immense significance for Jessy. … She is presumed innocent. … Always keep in mind that she is presumed innocent.”
During the trial, Kurczewski was represented by defense lawyers Pablo Galaviz and Donna Kuchler.
Pablo Galaviz mentioned in court: “This is a photo of Lynn and Jessy at a graduation celebration that Lynn hosted for Jessy during high school.”
Upon being reminded of her close bond with Hernan, Kurczewski became visibly emotional.
Pablo Galaviz shared in court: “This is my daughter,” highlighting how proud she was.
Pablo Galaviz emphasized in court: “To Lynn, Jessy is like a daughter.”
Kurczewski had known Hernan since childhood, through her mother, Jennifer Flower.
Pablo Galaviz explained in court: “Jennifer is like her closest friend. And Jessy became her closest friend.”
Hernan, a lifelong hairdresser who remained unmarried and lived alone, had been experiencing a rapid decline in health in the two years leading up to her passing.
Stephanie Rodriguez shared: “There were instances where Lynn would fall at home, and Jessy had to assist her in getting back up.”
Hernan also battled lung disease, high blood pressure, and severe gastrointestinal problems that doctors were unable to fully diagnose. She had been hospitalized multiple times in the year before her death.
Stephanie Rodriguez mentioned: “Jessy was always by Lynn’s side as she became her full-time caregiver. … Jessy handled Lynn’s grocery shopping and bills.”
Pablo Galaviz expressed in court: “Jessy was the one person she confided in.”
The defense contended that as Hernan’s health worsened, she became despondent.
Pablo Galaviz argued in court: “You noticed the change in her appearance, with her hair, nails, and jewelry; she wasn’t the same. … She no longer wanted visitors because she didn’t feel like herself.”
The defense posited that on October 3, 2018, Hernan, tired of her illnesses, decided to end her own life.
Pablo Galaviz stated in court: “When they arrived at the scene … They discovered numerous empty prescription bottles. … How can they not view this as a suicide? … She is innocent. Find her not guilty.”
Prosecutors’ initial focus was on determining the cause of death. Former Waukesha County Deputy Medical Examiner Tabitha Kukes discussed with jurors the photos she took upon arriving at Hernan’s residence.
Images showed Lynn Hernan’s prescription bottles on a table near her recliner. First responders suggested that Hernan
During the court proceedings, Dr. Lynda Biedrzycki discussed the presence of pills and powder at the scene, suggesting a potential suicide. Initially, there was speculation about ingestion as a possible cause of death. However, Dr. Biedrzycki refrained from confirming the cause of death until the toxicology test results arrived weeks later, revealing an unexpected substance – tetrahydrozoline. This led Dr. Biedrzycki to conduct further research on tetrahydrozoline, a component found in certain over-the-counter eye drops. Eventually, she determined that the cause of death was tetrahydrozoline poisoning and ruled it as a homicide, indicating that the victim had unknowingly ingested the substance. The defense raised concerns about the findings, pointing out the presence of other drugs in the victim’s system, which had been discontinued by her doctors. Despite the presence of these medications, Dr. Biedrzycki maintained that they did not directly cause the victim’s death. The defense questioned how certain the medical examiner could be about the victim not ingesting the eye drops voluntarily, to which Dr. Biedrzycki stated it was her opinion that the victim did not do so intentionally. The medical examiner also suggested that the scene appeared staged to simulate an overdose, as the toxicology reports did not show any of the crushed medication found on or near the victim in her system. Additionally, testimonies from the victim’s friends were presented during the trial.
Jim Kelliher and Lynn Hernan met at a music festival in 1983 when she was 27 years old. Despite Kelliher’s initial disbelief that such a beautiful lady would go out with him, Hernan said yes, and they enjoyed a romantic relationship for a decade. Following their breakup, they remained close friends.
Tragically, Kelliher was informed of Hernan’s suicide by their mutual friend Jessy. Despite being skeptical at first due to Jessy’s calm demeanor, Kelliher was devastated by the news. He testified that Hernan never expressed any suicidal thoughts to him and continued to visit despite her health struggles.
During the investigation into Hernan’s death, questions arose about Kelliher’s knowledge of her health issues. While Kelliher maintained that he didn’t know much about her medical struggles, friends and family members testified to their close relationships with Hernan and their interactions leading up to her passing.
Anthony Pozza, a close family friend who affectionately referred to Hernan as “Auntie Lynnie,” shared fond memories of spending time with her and noted her apparent improvement before her death. Detective Chris Kohl also testified about the investigation, including interactions with Jessy Kurczewski, who sought updates on the case months after Hernan’s passing.
The medical examiner had not yet determined the cause of death. Prosecutors presented a video recording of a meeting involving Detective Kohl, who testified that five months after Hernan’s death, Kurczewski and her mother visited the sheriff’s department seeking answers. During the interview, Kurczewski discussed her close relationship with Hernan, describing her as a maternal figure in her life. Kurczewski mentioned that Hernan had distanced herself from others before her death, even refusing to speak to certain individuals like Jim Kelliher. However, Kelliher remembered a different interaction where Hernan’s tone was dismissive. Despite this, they had planned to meet up before her passing. There were also concerns raised about missing money and Hernan’s financial situation, leading to questions about Kurczewski’s role as power of attorney and executor of Hernan’s estate. Anthony Pozza testified about his communication with Kurczewski following Hernan’s death, expressing surprise at the amount of debt Hernan seemed to have.
In court, Anthony Pozza expressed his concern over the inexplicable debts of the deceased, recounting that Hernan had inherited $250,000 in 2014 but most of her assets were depleted by debt at the time of her death. This prompted a closer examination of the situation by Randy Sitzberger, who meticulously reviewed Hernan’s financial accounts. Detective Nathan Plennes then testified about the investigation, revealing that Jessy Kurczewski was accused of embezzling over $200,000 from Hernan both before and after her passing. Plennes detailed how Kurczewski’s spending spiked during Hernan’s hospitalization, with money being transferred from Hernan’s account to Kurczewski’s for withdrawal at a local casino. Furthermore, it was discovered that a JCPenney credit card was opened in Hernan’s name on the day of her death, and large purchases were made on another credit card shortly afterward. Kurczewski’s ex-boyfriend, Scott Craig, testified about their relationship and her subsequent arrest for potentially violating her supervised release. Detectives Hoppe and Kohl conducted an interview with Kurczewski following her arrest to gather more information on the case.
During a police interview, Jessy Kurczewski admitted that there was no official payment arrangement with Hernan, but she received financial help sporadically. Detective Chris Kohl presented evidence of anomalies in Hernan’s toxicology report, indicating the presence of eye drops in her system. Kurczewski expressed shock at this revelation, claiming that Hernan used eye drops regularly for her eyes. Detectives suspected foul play, suggesting that someone may have administered the eye drops orally to Hernan in an attempt to harm her. Despite the suspicion falling on Kurczewski due to her knowledge of the eye drops, she denied any involvement in Hernan’s death. Text messages revealed Kurczewski’s prior experience with tetrahydrozoline poisoning, raising further suspicions. During subsequent interviews, Kurczewski’s explanations evolved, leading to increased scrutiny of her involvement in the case.
Visine. During the second day of police interviews, Jessy Kurczewski told detectives that Lynn had consumed Visine mixed with vodka. When asked how she knew this, Jessy explained that Lynn had done it multiple times before. She clarified that she never personally gave Lynn Visine. In a subsequent police interview, Jessy revealed that Lynn had been using Visine to induce a feeling of numbness and euphoria, believing it helped her sleep. Despite denying any involvement in Lynn’s death, Jessy admitted to buying Visine for her. Later, Jessy confessed that Lynn had consumed six bottles of Visine on the day she died, which Jessy had initially tried to prevent but ultimately gave in to Lynn’s request. Detectives accused Jessy of using Lynn’s credit card after her death, which she denied, but she was ultimately charged with first-degree intentional homicide and theft from Lynn. The defense focused on arguing that Lynn’s death was a result of suicide by Visine ingestion.
During his testimony in court, Gary Verdin, a friend of Kurczewski’s mother, recalled visiting Hernan’s condo on two occasions, the last one being about a year before her death. Verdin vividly remembered seeing Hernan seated in a chair with a table beside her, holding a white cup with a straw, a bottle of vodka, an ashtray with cigarettes, and a bottle of Visine. When questioned about the Visine, Verdin confirmed its presence. He also mentioned overhearing Hernan discussing her will and expressing suicidal thoughts during a phone call.
Sara Tromp, a nurse practitioner who treated Hernan for back pain starting in 2017, testified that despite prescribing various medications, Hernan’s condition did not improve. Additionally, forensic pathologist Dr. Lindsey Thomas highlighted Hernan’s extensive medical and psychiatric history, including depression, anxiety, agoraphobia, and chronic insomnia. Dr. Thomas agreed that Hernan’s health issues played a role in her death but disagreed with the state’s conclusion of tetrahydrozoline poisoning, suggesting mixed-drug toxicity instead.
During the trial, the defense argued that Lynn Hernan’s death was undetermined but likely due to mixed-drug toxicity, refuting the state’s suicide theory. Kurczewski chose not to testify, and in the closing statements, the prosecution accused her of the motive for financial gain, alleging that she benefited significantly from Hernan’s demise. Conversely, the defense maintained that Hernan took her own life, suggesting that she willingly provided money to Kurczewski as she knew her end was near.
Lynn knew she had to make a decision. She decided to leave after Jessy had already left the home on October 3rd. In response, the prosecution argued against the suicide theory, suggesting it would require an extraordinary coincidence for it to happen at the precise moment when Miss Kurczewski gained the most financial benefit. The jury deliberated for seven hours on the first day but did not reach a verdict. As the deliberations extended into a second day, tension grew among those waiting for the outcome. After 10-and-a-half hours of deliberation on November 14, 2023, Judge Jennifer Dorow announced the jury’s verdict: guilty of first-degree intentional homicide. Jessy Kurczewski was also found guilty of two counts of felony theft for taking money from Hernan both before and after her death. Emotions ran high as the judge delivered the verdict, prompting reflection on the events of the past five years filled with lies and deceit. Before sentencing, a surprising development occurred when an envelope containing handwritten letters and documents was received by a friend of Kurczewski and subsequently handed over to the sheriff’s department. The letters instructed the friend to fake evidence, create a voice recording impersonating Lynn Hernan, and submit them to various parties in an attempt to prove Jessy’s innocence. Prosecutors alleged that the documents were written by Kurczewski on the back of her trial notes, providing detailed instructions for the fabrication of materials. Despite denying any involvement in the documents, Kurczewski faced an investigation into their origin. The investigation culminated on April 5, 2024, during Kurczewski’s sentencing hearing, where prosecutors presented video evidence recorded in her jail cell. Despite the mounting evidence, Kurczewski maintained her innocence, spending nearly two hours asserting her loyalty as a friend and denying authorship of the incriminating documents.
A postal box was used for dropping off mail. The prosecution argued that this act proved that Kurczewski was the one who authored those documents.
During the court proceedings, Jessy Kurczewski stated her innocence in a emotional manner. She vehemently denied any involvement in a murder, emphasizing that she did not poison Lynn or administer any pills to her. Kurczewski expressed the emotional toll of being falsely accused and convicted of a crime she did not commit.
Judge Dorow expressed her belief that Hernan’s death was premeditated. She highlighted the unexpected presence of tetrahydrozoline in the investigation, suggesting that Kurczewski may have relied on the fact that this substance would not be detected. Judge Dorow raised suspicions regarding the possibility of Kurczewski poisoning Lynn Hernan over an extended period, even after her release from prison.
Following the trial, Kurczewski received a life sentence for intentional homicide and an additional 10 years for theft charges. The earliest possibility for parole would be after 40 years, when she would be close to 80 years old.
In court, Jim Kelliher described Kurczewski’s actions as poisoning Lynn like a rodent. He expressed his disdain for Kurczewski, stating that she would face consequences in the afterlife while acknowledging Lynn as an angel in heaven.
Despite Kurczewski’s conviction, her mother, Jennifer Flower, has not faced any charges related to Lynn Hernan’s death. Kurczewski has announced her intention to appeal the court’s decision.
The “48 Hours” Post Mortem Podcast, hosted by Jericka Duncan and produced by Susan Mallie and Lauren Clark, features never-before-heard audio recordings of Kurczewski impersonating her deceased friend. The podcast delves into the exonerating evidence allegedly hidden by Kurczewski and discusses the judge’s noteworthy comments during sentencing.
Additionally, new information emerges about a military helicopter involved in a midair collision, as well as details regarding the victims of a plane crash in Washington, D.C. Senators have also conducted confirmation hearings with figures such as Tulsi Gabbard, Kash Patel, and RFK Jr.
