Jessy Kurczewski sentenced to life in prison with the possibility of parole in eye drops murder

Jessy Kurczewski has been sentenced to life in prison with the possibility of extended supervision after 30 years in the eye drops homicide death of her friend.

Kurczewski, of Franklin, was also sentenced to the maximum additional 10 years in prison for her two theft convictions ― five years for each ― to be served consecutive to the life sentence.

This means she is not eligible for parole for 40 years.

During the sentencing hearing Friday in Waukesha County Circuit Court, Judge Jennifer Dorow said her goal with the sentence was to have Kurczewski eligible for parole around the age of 80 years old.

Kurczewski, 40, faced mandatory life in prison after she was convicted Nov. 14 of first-degree intentional homicide in the killing of her friend Lynn Hernan with Visine eye drops.

She was also convicted of two felony theft charges of less than $100,000 but more than $10,000 with each charge carrying a maximum of five years in prison plus five years of extended supervision. She received the maximum sentence for both counts.

In addition to the prison time, Kurczewski was ordered to pay over $386,600 in restitution with an escrow account to be set up for any money earned through interviews, book deals, movies or documentaries about the case.

Dorow said she thinks Kurczewski has “very real potential” to sell her story.

“Justice has been served in the sentencing of Jessy Kurczewski,” Assistant District Attorney Randy Sitzberger said, adding the sentence “reflects the severity of this crime” and shows taking a life won’t be tolerated.

Defense Attorney Russell Jones said Kurczewski “plans to vigorously appeal” ― she has 20 days to submit her appeal of the court’s decision.

During a lengthy statement before sentencing, Kurczewski said her previous attorneys were not effective and she claimed she didn’t get a fair trial. Since June 2021, eight attorneys have withdrawn from representing Kurczewski.

“I will not stop fighting,” she said, adding she doesn’t have faith in the justice system but does have faith in God. “As God as my witness, this case is far from over.”

Friends of Lynn Hernan share their thoughts of Kurczewski

Signs in support of “our Lynnie,” saying “we love you and miss you,” accompanied a large poster-sized photo of Hernan placed on an easel at the proceedings on April 5.

“Jessy cruelly murdered my friend Lynn Hernan,” James Kelliher told the court. “I believe Jessy is pure evil.”

Anthony Pozza, a friend of Hernan who previously said he thought of Hernan as more of an aunt, said he hopes Kurczewski spends time in reflection, saying the family wants closure and healing.

“I hope you know your charade is up and you will never fool anyone again,” he said, signing his statement “the Pozzas and family.”

Following the sentencing, Pozza said he was “extremely satisfied” with the outcome and looks forward to “lay Lynn to rest the way she would want” once the family has her remains ― Dorow ordered Kurczewski’s mother, Jennifer Flower, to turn over the cremated remains of Hernan to the District Attorney’s office in 48 hours.

Pozza said the family will likely plan a memorial over the summer to honor Hernan.

Kurczewski gets support from a friend and her mother

Two people spoke on Kurczewski’s behalf ― her mother and a friend.

Kathleen McCarthy met Kurczewski while in prison.

“She was known as the Visine killer,” McCarthy said, saying some treated her as a “disease.”

However, McCarthy said she and Kurczewski became “more like grandma and granddaughter,” calling Kurczewski “a caring and giving person.”

Flower said, “this has been an extremely hard five years.” She said Hernan was like family to her and Jessy.

“The one thing I am sure of (is) Jessy did not kill Lynn,” she said.

Dorow shares her thoughts during sentencing

When Hernan was found dead in her Pewaukee condo in October 2018, she had various medications in her system, including a chemical found in Visine called tetrahydrozoline, toxicology reports said. The Waukesha County Medical Examiner labeled the death a homicide.

Dorow called this an “unusual” case due to the length of the investigation and the fact that the poison was in an over-the-counter product. She believes Kurczewski “banked on” no one testing for the tetrahydrozoline.

“I think you were using it to control Lynn Hernan,” Dorow said during her statements before sentencing. “Do I believe this was a suicide? Absolutely not.”

Dorow said Kurczewski’s story of events had a lot of holes and she has a pattern of taking advantage of people.

“You took away future memories, birthdays, luncheons, phone calls,” Dorow said. “I think you thought you were a very good thief and could get away with even more.”

In closing, Dorow said everyone has some redeeming qualities, and that included Kurczewski. But she also let her opinion be known about the facts of this case.

“I think you’re completely diabolical,” Dorow said. “You have evil in your heart.”

Contact Erik S. Hanley aterik.hanley@jrn.com. Like his Facebook page,The Redheadliner, and follow him on X@Redheadliner.