Sentencing delayed in eye drops murder case as defense attorneys withdraw | Washington Co. News
WAUKESHA — The sentencing for a woman convicted of poisoning another woman with eye drops has been delayed, after her attorneys were granted their request to withdraw from the case. The sentencing was to take place Thursday.
Jessy Kurczewski, 39, was convicted of first-degree intentional homicide and two charges of theft, after Lynn Hernan, 62, of Pewaukee was found dead of what appeared at first to be a suicide. As part of sentencing materials, the State filed a 37-page document alleged to be a letter sent from Kurczewski to a friend containing information on how to create fraudulent documents and a fake suicide note from Hernan via cassette recording. In it, Kurczewski allegedly wrote that it was her attorneys’ idea, and that one of them delivered it to the friend.
Following the filing of the 37-page letter, defense attorneys Donna Kuchler and Pablo Galaviz Jr. filed to withdraw from the case, citing conflict of interest. If the attorneys were to defend Kurczewski, they claimed, their professional and ethical reputations could be harmed due to this letter.
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Randy Sitzberger, assistant district attorney, said that on Nov. 27, he received an email from the Sheriff’s Department, about a letter that had been dropped off at three a.m. on Sunday, Nov. 26 by the friend. Her name has been redacted, but the State says that she served time in the Waukesha County jail with Kurczewski and had virtual visits and phone conversations with Kurczewski in jail. The State also believes she was present at Kurczewski’s trial.
“The envelope, though it does have two stamps on it, not counting the Waukesha County jail stamp, there are no postal service markings over those stamps as you would typically see if it went through the post office,” said Sitzberger. Detectives are investigating how the envelope, if from Kurczewski in jail, got to the friend’s home.
“We don’t believe the allegation … that this was one of the attorney’s ideas,” said Sitzberger. “The attorneys themselves are not under investigation.” He said the State believes there is no conflict of interest; all the defense needs to do is say that the letter shouldn’t be considered since Kurczewski denies writing it.
“I’m concerned, in this case, because of the fact there’s not a postmark on this envelope, and I’m concerned that there is an ongoing investigation as to whether it came from the jail, whether it came from (Kurczewski) or someone else,” said Circuit Court Judge Jennifer Dorow. “I have to be concerned with the integrity of these proceedings as well … I’m a big believer, right, let’s do things right the first time to avoid that appeal.” She said she wants to conclude the case for the victim and her loved ones, but also so Kurczewski might file appeals.
Kurczewski said she does not want either Kuchler or Galaviz to represent her in sentencing.
“Up until yesterday, neither one has done anything for me now, because they had halted all proceedings due to the DA conversation they have had,” said Kurczewski. “Nothing has been done for sentencing except for last minute yesterday, partial… I, frankly, blame the State for that.”
She said she did not write the letter and that “everything should be stopped” because she needs to look at her legal rights.
Dorow addressed the State to confirm their position, as well as the position of the defense. The State held that the letter was filed appropriately as a way to show her character. The defense held that a withdrawal was mandatory, without divulging confidential information. Kuchler said she believes there to be a real conflict of interest.
“It presents many more questions at times than answers,” said Dorow of the letter. “When I consider all of that, I think I am left with the inescapable, unenviable decision here today, to make a finding that at a minimum, there’s a serious potential conflict of interest. Perhaps even an actual conflict of interest … I am going to grant, with reluctance but I think it’s the right thing to do, the motions to withdraw from attorneys Kuchler and Galaviz.”
Kurczewski will be receiving new appointed lawyers, who will need time to review the case. The status of counsel is scheduled for Jan. 12 at 10:30 a.m.
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