WI eye drops homicide; Judge sentence of Jessy Kurczewski, Pt. 1 | FOX6 News Milwaukee

we are back on the record in State versus Jesse kersi appearances are as they were before uh court has reconvened after the lunch hour to uh pronounce sentence in this case before I pronounce sentence though I I do want to go through some of the remarks that were made here today and my impressions of this case this trial and the jury's verdict not commenting on their verdict but we're here today first and foremost because there were three jury verdicts in this case three guilty verdicts one for intentional homicide and two for theft and that of course was the culmination of a case that was initially filed in June of 2021 of course not the start of the investigation not the start of um legal problems for for the defendant I'm well aware that ultimately in 2019 you were revoked in part due to allegations related to these charges and it was basically upon your discharge the day before that this case was filed now from my perspective Not only was this a very unusual case due to the allegation of a poisoning uh by an over the counter substance found in Visine it was unusual because of the amount of time that was put into the investigation I don't think anyone watching this trial sitting in this courtroom or even watching you know summaries of it was surprised that in October of 2018 the death investigation which was very normal uh any time someone was found deceased outside of a hospital setting required a death investigation I don't think anyone was surprised that initially people on scene thought it was a suicide that's the call that came in that's how uh really the scene looked I think it was detective lerg who said there were no signs of forced entry he looked outside he looked inside there wasn't anything to suggest any type of external trauma he'd been on overdose cases uh in the past you know there weren't any syringes found or anything like that but there were the crushed pills and some other things and I think that scene was made to look a certain way for a reason on the one hand the defendant wants us to believe that this is all a big mistake think that this was a suicide and of course the state presented a case to a jury with a lot of evidence and a jury found that it was not a suicide and I'll be more specific they were not asked to determine whether it was suicide they were asked to determine whether it was a homicide and of course if a jury believed it were a suicide they would have found you not guilty that would have been their reasonable doubt but that's not what they did but that investigation like any investigation into a death doesn't happen overnight doesn't happen in a vacuum samples are taken from the body and those samples are ultimately tested what I think is really interesting for me is that somewhere along the way a very astute scientist thought it was important enough to ask nms labs and it's I'm sure one of their scientists to include in their expanded panel tetrah hydraline and overthe counter well a drug found in over-the counter medication I don't want to say it was a trend but I know when listening to the testimony of Dr cinko she said one of her responsibilities was to look for Trends in drugs and even when we listened and heard Dr B testify she talked about how while this may have been the first poisoning she had seen through Tetra hydrosaline it was not the first time she was faced with looking at something novel or new as part of her job I mean scientists do this all the time they take known information known data known research and when faced with something not seen before they render opinions they extrapolate that's how medicine grows and advances are made whether it be by Pathologists who are medical examiners or cancer researcher and if you kind of flip it around and think about cancer research we would praise someone for that type of work and so unbeknownst to everyone in this courtroom in 2018 Tetra hydraline was not something we expected to find it was not something any of these detectives knew was even going to be screen four it was not something the medical examiner knew to screen 4 and I do believe it was something you Miz kfy banked on no one testing for as you know I sat through this entire trial and not just this trial but obviously the entire case presiding over a variety of motion hearings including the dobert Motions where we I I heard from a couple of the experts and made some rulings and I know you take issue with a lot of my rulings and I will gladly gladly challenge those you can challenge those on appeal I'm one person sitting up here doing the best that I can given the law and the facts that are before me and if whether it's three individuals on the court of appeals if that's appropriate or all the way up to the Supreme Court wants to review and tell me I got it wrong I am human but I don't think I got it wrong in this case you may not agree with the decisions that I made but let me tell you I did my utmost to ensure that you had a fair trial every step along the way way wanting to make sure if I delayed something you were okay with it because I knew because you made it abundantly clear you were waiting for your day in court and you and I had a number of colloques or conversations in this courtroom or other courtrooms about the delays because honestly I want to make sure that any trial especially a homicide trial is done right the first time it's of no benefit to anyone if a trial if convictions get reversed on appeal it happens sometimes there's advances or new evidence or whatever the case may be you complain for example about my protective order and I think little do you realize not only did I put that in place for the Integrity of these proceedings it was put in place to protect you see I've sat in the shoes of attorney Jones I didn't like when there were surprises as an attorney as a defense attorney I wanted to control the narrative as best as I could to protect my client and his or her rights now when I was on the other side in the states table or at the state's table I used to train police officers on confessions I love confessions why do I love confessions makes my job easier as a prosecutor so I have this unique ability that really not a lot of Judges have to look at both sides and now really the third side as a judge and kind of see what's going on and so every time you make an extra statement you complicate things for your defense team that's your right to do it but I wasn't going to have that happen until this CA I I didn't want to have extra judicial statements meaning outside a court trial or in this case of sentencing as well that could impune the Integrity of these proceedings it's not good for you it's not good for the case want to make sure we have a jury that's fair and impartial and in this particular case there were extra steps taken because of the interest you may not have I guess liked I'm gathering from your statements here today that there were cameras in the courtroom and that this was on court TV and law crime and other things but here's the thing I learned during and following the pandemic when we shut down courts or at least limited them to a great degree what I learned is I started doing live streaming because that was a a way for people to still be engaged to watch what's going on to keep our Courts open and operating during a time of uncertainty people were very interested the court system and the legal system is critiqued and criticized all the time for not being transparent so by having cameras in the courtroom when there is that interest I believe it Fosters transparency it's not about sensationalizing this I did a very very extensive trial order on that to make sure that didn't happen you're not wrong that there's an interest and that people do different things with that interest we are seeing trials tell vised more and more people are fascinated with the legal system I had a request and I granted it nothing more nothing less but some of my rules and requirements Were Meant to make sure that nonetheless things were fair and impartial fair and impartial doesn't mean you're going to agree with everything that I do fair and impartial doesn't mean you're going to agree with how a jury decides this case how it's investigated how it's presented there's a lot of law on evidence there's a lot of case law volumes of it on what comes in what doesn't come in some of those rules impacted evidence coming into this case other things are Beyond My Control whether the state chooses to offer something or not or whether your own attorneys choose to offer something or not but a courtroom isn't a free-for-all either I do my very best to ensure that relevant evidence comes into the courtroom and reliable evidence so I sat through this case 16 days of trial from beginning to end not including sent Ing and any of the things that happened following the conviction 36 Witnesses we had four expert Witnesses two Pathologists a uh pharmacologist um and then a toxicologist and they heard a lot about Tetra hydrosaline what I learned about Tetra hydrosaline is how it affects the human body I had the criminal complaint obviously all throughout this case but until a case goes through the trial process I don't really know what all is going to come in I have a good idea but I didn't know the bread or the depth of it I didn't know other than filings for example with the medical examiner and the dobert Motions you know that's the first time I really got a lot of that information with substance and a lot of times I don't don't even have that information until there's a trial but what did I learn what what is tetrah hydrolin I think at its simplest it's a sedative right it's a it's a substance that when used as approved for eye drops or nasal spray it constricts right so it helps people breathe who have nasal congestion and it helps with redness in the eyes it is not approved for oral use what do we know from the literature that's out there that predates this case some of it obviously coming in around or even after is that there's really only two types of ingestions that are seen in the literature accidental or malicious no known literature about people people dying from voluntarily ingesting it for a suicide why is that because that's a big question that I I think needs to be answered and that's because I think it's the last way anyone would ever commit suicide because of how it affects the human body it makes people sick you weren't the first person to think about tetra hydr rling there have been movies and even Law and Order episodes or an episode that I happen to see at one point where there's some poisoning we know from Henry Spiller your own witness he encouraged the FBI to look into it or get it on a list because of its use related to sexual assaults that malicious ingestion right a poisoning but like I said at its core it's a sedative and and how does it affect the system um during Dr no I think it was uh Miss cassino's uh testimony she talked about how it in when ingested and I obviously unknowingly right it's odorless it's tasteless you can give it to someone without them ever knowing it it can reduce inhibitions it it creates uh causes someone to be lethargic um it has a significant impact when in large amounts that shouldn't be in one system on it's a CNS depressant right so ultimately it affects breathing and heart rate and brain functioning and can lead to death after listening and seeing and reading through all the evidence just like the jury did and I don't know what they ultimately or why they ultimately concluded it's a homicide they don't have to explain their verdict they just render a verdict all having to agree but as I saw everything I have to ask out loud it's in a rhetorical question but were you poisoning Lyn Hearn all along following your release from prison no I'm not asking for an answer this is my time so do not interrupt me she got markedly sicker following your reinsertion in her life on a daily basis ultimately ending up in the hospital in September of 2018 unexplained couldn't figure out what was going on but what do we know she got better what could not have been happening in the hospital someone poisoning her with thz too much risk associated with that cameras whatever it may be and I think that gave you the green light you said I went undetected because what I think was happening is that you were using it to control Lyn hernon to steal from her to gain control of her accounts and I think you targeted her I agree with the state's assessment on that the perfect victim no children no parents they were deceased with a fair amount of money why do I say that well your past matters your past convictions for forgery uttering and misappropriation of personal identifying information matter because I'm a big proponent and believer that the best predictor of future behavior is past Behavior that's not to say people can't change but we know you targeted people and from my perspective some ve in a very aggravated way because you it's real easy to say well those convictions happened in 2011 and this didn't happen until 2018 but you were revoked once Following being in prison for about a year it was one year of initial confinement three years of extended supervision on each of those counts you get revoked in so you're sentenced in 2011 you're released in 2012 you're revoked in 2014 you go back to prison I think it was about 26 months or so you're released again in February late February of 2018 and it's shortly thereafter that these thefts start happening and it's shortly thereafter that Lyn hearnen gets sicker and sicker now I'm not sentencing you here today because I think you poisoned her all along I'm sentencing you because a jury convicted you of a homicide based upon that but I think it's important for everyone in this courtroom to know that's what I see and that's what the evidence points to very planned very deceitful maybe it wasn't your intent to kill Lyn hernon I don't know do I believe this was a suicide absolutely not 's a lot of holes in the stories that you have told I think you think you're smarter than everyone in this courtroom all of your statements come after you get information that you now have to explain those letters no way ly hernon wrote those either herself or willingly or willingly and I think that's supported by the thefts in this case it's supported when you understand the how tetrah hydraline affects her affects individuals and that why do people choose it for uh to assault someone because it can impair them it can make them lethargic it can make them lose their own inhibitions it really in those circumstances with that malicious intent is to control someone I think the evidence points pretty squarely to that I am not going to go through every single piece of evidence I'm not going to go through every single witness but it's important to really lay this set the stage so to speak for why I believe um not why I believe but for how I'm going to sentence you here today and really to respond to some of the things that you your mom and others have said on your behalf you know it is one thing to maintain your innocence I I support the jury system I support people making the state prove their case Beyond a reasonable doubt that's what makes the system that we have in the United States so great I'm not here to tell you it's perfect every step along the way we're a system filled with human beings but I don't see this as one of those cases where it's just an all out let's get Jesse KFI there's no reason for anyone here to make anything up you are the common denominator that brings all of us here today it is your actions not theirs and it's not Lind I I find it interesting that you criticize people like Anthony posa Karen posa Jim kellerer and others for not knowing Lynn for not getting her help for you know you criticize them for saying well she wasn't suicidal they didn't know her they weren't close to her in the last year of her life but ironically you want us to believe all the statements that you've made and yet you'll back back off and say but I wish I could have done more I wish I would have seen more I I I have these regrets because I didn't get her more help I don't think you can hold those beliefs together I think they're opposed to each other I think it's a convenient position to take when you criticize them and yet you can't go so far as to say well I saw it all you have to stop short of that otherwise you couldn't claim that you didn't know she was suicidal and of course we know that story changed over time you are I think very upset over this thing about Whitnel Park here's the thing you are in custody okay I don't know of it's very very rare for police to take something someone out of custody but what they did was pretty amazing they got you on what we' call a FaceTime call some type of video from their conference room at the jail to direct individuals you want us to believe this evidence that exonerates you exists and yet you had what October November December January February March April May June up to July 8th at any point in time to go get it if it really existed you had all the opportunity in the world to make sure if that evidence existed to secure it in a way that was accessible not in the ground at a park doesn't make sense same thing really with the letters that happened to show up after Lynn died when were those turned over again rhetorical question I even listen to how you talk about the will and the wills and how this whole test thing with Anthony here's the thing the initial will that was submitted to judge Maxwell was typewritten and witnessed by strangers at a bank you want us to believe that Lyn hernon changed her will and didn't follow the same procedure that she did for the will that was initially admitted into probate and what stood by the way a will can't be witnessed by the beneficiaries would never have worked if she were that suicidal and making all of these plans to kill herself and change her will Lyn her was smart enough to know how to do it the right way if in fact she was the one to do it you have someone draft it and you have neutral Witnesses like she did the first time you go to a bank you get it notorized that's not what she did there are a lot of holes in your version of events and here's the thing I didn't get the ability nor did the jury to have your story tested for its veracity you have the absolute right at a trial not to testify and there are pros and cons to doing so you claim to regret not testifying but the jury didn't get to hear that that was your choice that's not on me that's not on the state that's on you the other thing I want to comment on you want us to believe that you and your mom were so close to Lyn hearnen that you loved her and cared for her more than anybody else and yet you unabashedly throw her under the bus and impune her character with these wild stories you want us to believe that she killed herself because she killed her mom in the same way that she was killed and again poisoning oneself with Visine drops would be the last way someone would commit suicide it does not there's no known literature support for tetrah hydraline causing a state of euphoria and Pain Relief and sleep of I should rephrase that last one making someone fall asleep I suppose it could could because of the effects as a CNS depressant but the other effects on the digestive system and making one sick again no way I think that's probably why a jury rejected because perhaps they came to that same conclusion that it just was not believable oh the one other thing I wanted to comment on because you referenced it as well was the fact that you couldn't didn't or couldn't review the restitution information it's a pretty standard order that I get it's a request for an order from the state due to victim rights legislation and the Constitutional amendment to seal restitution information but the order that I signed says that parties to the case are permitted access you're a party to the case whether your attorney chose to give it to you or not I don't know I want to refocus this because what we're here today is really about giving voice to the one person who cannot speak today and that's Lyn hernon it's about honoring her life and punishing you as the person found legally responsible for her death she cannot respond to any of the accusations that you and your mom have levied against her she's gone and you've taken away from your own life but for Anthony and Karine and Jim and Keith and all the other individuals a bright light as Anthony said extinguished far too soon you took that away you took away future memories birthday parties lunch in phone calls you may have been with Lynn that last year or so of her life but what do Killers sometimes do they target their victims they isolate them they control the narrative they stay or show up at scenes I mean the bottom line is homicides generally don't make a lot of sense it's the taking of another life intentionally it defies all Notions of goodness and decency they don't make sense and sometimes they're wild and crazy and people like you do strange things I believe for the sole purpose of trying to get away with it I do believe you thought you had found the perfect way to take Lyn hearnen out that it would go undetected and again maybe that wasn't initially maybe it was just to control the finances to take her for the money that she had but I think when she got to the hospital in September and no one at that hospital found that substance and you were getting to the end of the money and really the only thing left of value was that condo Lyn hernon was better to you dead than alive and you thought you could to get away with it you know when I sentence individuals there's a number of sentencing criteria they fall into three main categories the seriousness of the offense the need to protect the public and your character and rehabilitative needs your character includes who you are sitting here before me the good the bad the indifferent it includes your past conviction itions they are important especially as it relates to counts 2 and three because there's a pattern in your life of taking advantage of people whether it be your mom your grandmother whether it be uh patients in a clinic that you work at or the mother of a friend you're living with and you explain it a way as well I had a gambling addiction I just wanted to live I needed a place a roof over my head however you described it in those moments I think you thought you were a very good thief and that you could get away with even more the seriousness of those theft convictions well let me go back so I don't want you to walk out of here thinking I don't think you have any redeeming qualities I mean obviously while in the jail I think you've tried to do what you can to make the most of unfortunate circumstances at your own hand you obviously very diligently review all of the discovery materials you do what you can to do your own research to educate yourself you help other inmates I think you are blessed to have maybe some additional money coming in on your canteen and you uh will help individuals who don't have any I don't even frankly care what the motives are whether they're purely good motives or if there's a pecking order back there I don't I don't know but I do know you have you made a friend and she said some very nice things about you today honestly the only person I was really hoping to hear more from your mom about you I have a lot in the PSI and the private PSI about that but your mom spent every moment of her statement attacking everyone else in this courtroom and Lynn whereas Miss McCarthy came in is what we hope for and expect of character witnesses to tell me more about this other side because I I do believe people are multifaceted people have many sides even in the worst cases like a homicide there are redeeming qualities and she told us about those and I thank her for doing that about how you took her under your wing you kind of developed this relationship you had lunch together meals together prayed together did some studies together and you helped her through a very trying time as she said being 70 and never incarcerated before I'm sure that was not easy and so I I think there is a side to you that does care I don't want you to think that I I don't think you have a caring side I mean clearly you do you cared for Scott Craig you cared for his children and in your own way um you made them feel important and loved now there was another side to you and I think he got it right when he described you I mean he I think there was a reason you never introduced him to Lyn hernon I find that interesting

Channel: FOX6 News Milwaukee

Views: 101,757

Keywords: News, FOX6, FOX6 News, FOX6 News Milwaukee, Milwaukee news, Jessy Kurczewski, Waukesha

Id: syUf53RFfgQ

Length: 38min 11sec (2291 seconds)

Published: Fri Apr 05 2024