Woman accused of killing friend with eye drops files motion to dismiss homicide charges

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WAUKESHA COUNTY, Wis. (CBS 58) -- A Franklin woman accused of using eye drops to kill her friend filed for a motion to dismiss homicide charges before trial.

Jessy Kurczewski, 38, is facing one count of first-degree intentional homicide after allegedly killing a friend she had been taking care of in 2018. Prosecutors said Kurczewski also stole money from the victim.

The defendant's attorneys filed a motion to dismiss the homicide charges before trial. They presented three witnesses.

The first witness was Lydia Biedrycki, a Waukesha medical examiner. The defense questioned Biedrycki's qualifications as she supposedly never ruled the chemical tetrahydrozoline as a cause of death before. Tetrahydrozoline is the chemical found in eye drops.

"In my field in forensics which I'm actually going to say is the broadest field in medicine considering I autopsy fetuses to geriatric patients, natural disease and every injury. It's really not uncommon to have firsts. I mean I've been doing this for 36 years," said the medical examiner.

The defense also brought in Dr. Sherri Kacinko, a licensed toxicologist, and Henry Spiller, also a toxicologist.

Kacinko said she's reported deaths due to a great amount of the chemical, while Spiller said he has not.

Kacinko did clarify that toxicologist do not confirm cause of death when asked why she'd never suggest a that a medical examiner's cause of death is wrong.

"Opining to cause of death is outside of the practice of a toxicologist," said Kacinko.

The motion to dismiss the homicide charge will continue. A court hearing is scheduled on January 5th.

The defendant is being held on a $1 million bail. The trial is currently scheduled to begin in February.

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