Eye drop murder trial delayed after alleged letter written by defendant surfaces

WAUKESHA, Wis. (CBS 58) -- The sentencing for the eye drop murder trial has been delayed after the discovery of a 37-page letter the defendant allegedly wrote.

"No. Everything should be stopped. I need to look at my legal rights because I don't know what they are at this point," Jessy Kurczewski said in court on Thursday, Dec. 7.

Kurczewski was set to be sentenced this week until prosecutors brought forth a letter that they say a friend of Kurczewski gave investigators. In the letter, written on the back of notes from Kurczewski's jury trial, the author asked the woman, only identified as Jessica, to fake documents and record herself as the victim, Lynn Hernan.

Kurczewski, found guilty of killing Hernan with eye drops and stealing thousands of dollars from her, denies writing the letter.

"I do say no, I did not write it. There are cameras all over this jail. There are recorded phone calls," she said.

In the letter that prosecutors believe Kurczewski wrote and signed, she said her lawyers were in on the scheme and delivered it for her. Waukesha County Assistant District Attorney Randy Sitzberger said investigators, after checking with the postmaster, were able to determine this letter did not go through the postal system.

"She's the only one to gain from having somebody file the things that were requested. The tape recording of Lynn Hernan admitting to being suicidal and essentially putting together a suicide tape and sent to your honor," Sitzberger said.

After the discovery, both of Kurczewski's lawyers wanted out, citing a conflict of interest based on the allegations in the letter. Defense Attorney Donna Kuchler told Judge Jennifer Dorow she recognized her own handwriting on some of the trial notes on the back of the letter. Prosecutors explained that while there is an investigation into how the letter left the jail, neither attorney is being investigated.

"We don't believe the allegation in the cover letter of these, I'll call it the cover letter of these 37 pages, that this one of the attorney's ideas. I believe this is another red herring or untruth by Ms. Kurczewski. [This] is our position," Sitzberger said.

Dorow asked Kurczewski if she had an issue with the requests to withdraw.

"As much as I wanted to get out of Waukesha County and proceed forward and go through appeals, I don't because nothing has been done for sentencing except last minute yesterday," she said. "I have letters of character in limbo. I have nothing completed for sentencing, so, no, I don't. I, frankly, blame the state for that. They proceeded to release this information, which should not have been done, and it has created this mess."

While saying she was reluctant to do so, Dorow granted both attorneys' request to be removed from the case. She told the state she would like them to use this delay to investigate the letter and its origin.

Kurczewski will be in court for a status hearing at 10:30 a.m. on Friday, Jan. 12.