Here are 3 takeaways from opening arguments in Waukesha County eye drop homicide trial of Jessy Kurczewski

Defense attorneys for the Franklin woman accused of poisoning to death her Pewaukee friend with eyedrop fluid in 2018 argued in court Tuesday the friend died by suicide and from prescription medication instead.

Opening statements began Tuesday in what is expected to be a five-week trial of Jessy Kurczewski, 39, who has been accused of poisoning Lynn Hernan, staging an overdose scene and stealing more than $290,000 from her over time.

What the exchange demonstrated is that attorneys for the defense and prosecution are miles apart on the basics of the case, starting with the cause of Hernan’s death and extending all the way to explanations for her spending habits.

Hernan, who had been struggling with health issues for several years, was found unconscious in her home in October 2018 with crushed medication on her chest and prescription bottles nearby.

Hernan’s death was initially believed to be an overdose, until an autopsy showed she died from ingesting tetrahydrozoline, the main ingredient in eyedrops. The Waukesha County Medical Examiner’s Office concluded she had so much in her blood, it was impossible it came from applying it to her eyes.

Kurczewski faces charges of first-degree intentional homicide and two counts of felony theft.

Here are the main takeaways from Tuesday’s hearing.

Hernan knew Kurczewski since she was a child

In the opening remarks for the defense, Attorney Pablo Galaviz said Hernan knew Kurczewski since she was 8 or 9 years old and showed photographs of them hugging as they posed for the camera. One of them, he said, was taken during Kurczewski’s high school graduation party.

Kurczewski became visibly emotional as the photos were shown in the courtroom.

Both the defense and prosecution agreed Hernan had two, small groups of friends. One of them comprised of Kurczewski and her mother, Jennifer Flower.

Galaviz said Kurczewski cared for Hernan as her health began to deteriorate — taking her to doctor appointments and helping her clean and change herself. He argued Hernan thought of Kurczewski as a daughter.

Hernan, a graduate of La Follette High School in Madison, was a salon owner and hairstylist, according to an obituary.

Assistant District Attorney Randy Sitzberger described Hernan as someone who loved her cats, lived a frugal life and eschewed technology.

He said Hernan often used cash to pay for things. When she used a credit card, she paid down the debt quickly thereafter.

Hernan also hated technology, Sitzberger said, and didn't own a smart phone, computer or use the internet.

Video: Opening statements from the prosecution

Prosecution points to patterns of spending

Sitzberger, in his opening remarks, went on to say that Hernan’s lack of technology usage made it hard for her to keep track of her finances in the months leading up to her death.

That’s when her transactions began to resemble Kurczewski’s habits: heavy credit card usage, cash advances, frequent online activity and spending beyond her means.

“This is a case of murder, greed and lies,” Sitzberger said.

He argued Kurczewski began stealing money from Hernan in January 2016. Through numerous cash withdrawals and written checks, Sitzberger accused Kurczewski of stealing over $144,000 until Hernan died in October 2018.

That total doesn't include funds spent by maxing out credit cards under Hernan’s name, Sitzberger said.

By the time she died, Sitzberger said, Hernan had little more than $100 to her name, but her estate was valued at about $150,000. Hernan was worth more to Kurczewski dead than alive, Sitzberger said. And as someone with power over Hernan’s estate, she was able to spend more than $87,000 after her death, he said.

Sitzberger then drew attention to Kurczewski’s shifting version of events over the course of six interviews with law enforcement in the months afterward.

He said she went back and forth over whether she thought Hernan was suicidal, knowingly gave Hernan drinks with eyedropper fluid in it and where investigators could locate evidence that would corroborate her account.

Video: Opening statements for the defense in the Jessy Kurczewski trial

Defense argues Hernan died by suicide

Galaviz portrayed Hernan’s spending as an act of love for Kurczewski, an old friend who had been a caretaker to Hernan.

“Lynn loved Jessy,” Galaviz said.

He said records indicating Kurczewski’s power of attorney status with Hernan — and Hernan’s shared bank accounts with Kurczewski’s mother — demonstrated a close trust Hernan had with the two.

The counternarrative he offered was that Hernan instead committed suicide after struggling with health issues and a disability for years.

Galaviz directly contradicted the finding of the Waukesha County Medical Examiner’s Office that Hernan died by being poisoned by tetrahydrozoline. He instead suggested her death was caused by numerous prescription pills found in her system.

“They can’t see that as a suicide?” he asked the jury.

Without providing any evidence, Galaviz said “no one has ever died from Visine,” the brand name of tetrahydrozoline. “It’s never happened.”

He posited that Hernan enjoyed drinking tetrahydrozoline with vodka and likened the habit with any other kind of substance abuse problem.

“Lynn liked her vodka,” he said. “She also liked Visine. I have no idea why.”

Contact Elliot Hughes at elliot.hughes@jrn.com or 414-704-8958. Follow him on Twitter @elliothughes12.

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This article originally appeared on Milwaukee Journal Sentinel: Eye drop homicide trial's opening arguments lead to 3 key takeaways