State rests, defense begins case in eye drop murder trial

WAUKESHA, Wis. (CBS 58) -- The state rested its case in the eye drop murder trial, and the defense began calling witnesses on Tuesday, Nov. 7.

It has been three weeks since the trial against Franklin woman Jessy Kurczewski began in Waukesha County. The 39-year-old is facing life in prison for allegedly killing family friend Lynn Hernan with eye drops in 2018. She also faces two counts of theft for allegedly stealing over $290,000 from Hernan.

The defense began their case by calling two witnesses to focus on the financial crimes Kurczewski is accused of. They brought in two former bank employees who worked with Hernan when she made decisions about her living will and checking account.

Hernan's neighbor from her Pewaukee condo, Jean Tanel, also testified during the first day of the defense's case. Tanel testified that Hernan drank vodka and would always have a bottle of water, sometimes two. Tanel said she had witnessed Hernan drinking from two different water bottles.

She also testified that she would share her computer with Hernan to purchase things online because Hernan did not have a computer.

"Did Lynn ever ask you to use your laptop or computer?" Kurczewski's attorney asked.

"She would show me what she wanted to order, and I would order it from my laptop, and she would pay me," Tanel answered.

Kurczewski claims Hernan would also use her computer and cellphone to order items and look things up, including ways to end her life.

A man named Jimmy Burg, who knew Hernan through Kurczewski's mother, also testified on Tuesday. He described Hernan as someone who would "bad mouth" others and seemed to hate the world. He also testified about seeing eye drops in Hernan's home.

"She had a big, white Slurpee cup with a straw coming out of it, she had a bottle of vodka next to her, she had an ashtray, her cigarettes, and a bottle of Visine," Burg said on the stand.

Before starting their case, the defense asked Judge Jennifer Dorow to dismiss all three charges, saying prosecutors did not provide enough evidence to prove intent to kill or theft.

Dorow denied the motions, citing Kurczewski's admission during interviews with police about handing Hernan a bottle of water filled with eye drops the day she died, saying this shows she was aware her actions were certain to cause Hernan's death and that there was enough evidence presented to continue the trial.