Defense attorney's comments in eye drop case 'irresponsible,' medical examiner says

WAUKESHA - The Waukesha County Medical Examiner testified Wednesday she concluded a Pewaukee woman died by homicide from being poisoned with eyedrops after requesting four toxicology reports and finding no indication the woman was suicidal.

The testimony comes a day after a defense attorney representing a Franklin woman charged with first-degree intentional homicide in the case asserted in opening arguments that Lynn Hernan, 61, died by suicide and from prescription medication, rather than tetrahydrozoline, the main ingredient in eyedrops.

Hernan was found unresponsive in her Pewaukee home in October 2018 with crushed medication on her chest and prescription bottles nearby. Her death was initially believed to be an accidental overdose or a suicide.

Hernan had dealt with various health concerns before her death. Jessy Kurczewski, 39, was a longtime friend and a caretaker of Hernan.

Prosecutors have accused Kurczewski of poisoning Hernan, stealing more than $290,000 from her and staging an overdose scene.

Witness testimony in the trial began Tuesday with investigators who responded to Hernan’s home after she was found unresponsive.

It continued Wednesday with testimony from the Waukesha County Medical Examiner, Linda Biedrzycki, who took the stand for more than three hours. Her testimony will stretch into Thursday with additional questions from the prosecution, followed by cross-examination from the defense.

Medical examiner calls defense attorney's comments 'irresponsible'

During opening arguments Tuesday, defense attorney Pablo Galaviz said there was no record of anyone dying from tetrahydrozoline before. He suggested the substance was not fatal to ingest and that Hernan drank it regularly with vodka.

“Not only don’t I agree with that, I think it’s an irresponsible statement,” Biedrzycki said, explaining that other instances of tetrahydrozoline poisoning have occurred because people didn't understand how harmful it is.

According to the National Institute of Health and the American Academy of Ophthalmology, tetrahydrozoline is a toxic compound and can cause illness or death.

“I certainly do think it can be fatal,” Biedrzycki said.

She said it took her 13 months to determine Hernan died by homicide rather than an accidental overdose or suicide.

While taking questions from Assistant District Attorney Abbey Nickolie, Biedrzycki said she was surprised when toxicology reports showed Hernan had tetrahydrozoline in her system – so much so that it was impossible it came from applying it to her eyes.

She said she called the laboratory afterwards to determine how familiar its technicians were with the substance. Three follow-up tests were conducted.

“I wanted to be very sure … that I had not failed to consider any further or new information,” she said.

Biedrzycki said she researched the effects of tetrahydrozoline herself, which showed applying the compound to the eye had small effects on the bloodstream. Oral ingestions had a larger impact that could lead to drowsiness, lethargy, stopped breathing, low heart rate, low blood pressure and heart block.

Medical records did not show suicidal concerns

On Tuesday, Galaviz also asserted Hernan died by suicide and from prescription medication found in her system.

Biedrzycki said she reviewed records of Hernan’s medical history while trying to determine a cause of death. At least one record referenced a history of depression, Biedrzycki said, but none indicated she was presently depressed, was having suicidal thoughts or facing a terminal illness.

In one record, from about seven months before her death, Hernan was described as “cheerful,” Biedrzycki said.

Wednesday, the prosecution showed records from Biedrzycki’s office that identified tetrahydrozoline as the primary cause of death.

It also acknowledged that five other medications present in her blood – along with a range of health conditions, including hypertension, liver disease and obstructive pulmonary disease – also contributed.

Biedrzycki said the levels of tetrahydrozoline found in Hernan's system was "far more toxic" than the prescription medications.

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

This article originally appeared on Milwaukee Journal Sentinel: In eye drop homicide trial, ME calls defense comment 'irresponsible'