‘I cannot be silenced’: Jessy Kurczewski denies allegations in phone call

Posted at 8:37 AM, December 6, 2023

WAUKESHA, Wis. (Court TV) — Two days before she was scheduled to be sentenced for killing her friend, Jessy Kurczewski’s attorneys filed motions to withdraw from the case, and in a phone call from jail, Kurczewski said she doesn’t know what will happen next.

Jessy Kurczewski cries as she hears the verdict in court

Jessy Kurczewski cries as she listens to the verdict read in court on Nov. 14, 2023. (Court TV)

Kurczewski was convicted of killing her friend, Lynn Hernan, by poisoning her with eye drops. The jury deliberated for nearly 11 hours before returning the verdict last month.

Sentencing was scheduled for Thurs., Dec. 7, but the hearing is unlikely to continue as planned. On Nov. 30, Donna Kuchler, one of Kurczewski’s attorneys, filed a motion to withdraw from the case. On Monday, Kurczewski’s other attorney, Pablo Galaviz, also filed a motion to withdraw.

In a phone call with a Court TV producer from jail, Kurczewski said that the attorneys withdrew because of an alleged letter that prosecutors have accused her of sending from jail.

READ MORE: WI v. Jessy Kurczewski: Eye Drops Murder Trial

The 37-page letter was written to a friend identified only as “Jessica” and reportedly contains instructions from Kurczewski for creating a tape recording that would pretend to be from Hernan and claim that she died by suicide. The letter, obtained by WISN, allegedly details the characteristics of Hernan’s voice and suggests, “You could even have a movie or music on in the background to help distract…”

“To be clear: I did not write, send or have any involvement in these new developments that prosecutors put out yesterday,” Kurczewski said in a phone call from jail. “I did not send anything, I did not ask anyone to do anything nor did any attorneys say or do anything or were involved in anything either. … As far as somebody being Lynn on a tape, that is absurd as many of us know her voice and would still recognize it. You cannot disguise or try to be someone else. “

Kurczewski said she wanted to make a statement to break her silence as she maintains her innocence, despite her conviction. “I was silenced by a protective order early on, so I could not talk. I chose after many conversations with my attorneys to not take the stand, which I extremely regret. My mother was not allowed to take the stand, which was also a huge loss to the defense. I sat in court every day during my trial while everyone talked about Lynn and I… I stayed quiet, which was extremely hard. I planned on finally speaking at my sentencing, but I no longer can wait.  It is time I speak. I cannot be silenced.”

The attorneys’ motion to withdraw is scheduled to be considered before the sentencing hearing on Dec. 7. Kurczewski faces a mandatory life sentence for the homicide conviction and an additional ten years for felony theft convictions.

“Both of my attorneys are still listed on record, so legally I cannot speak to any other attorney, nor will they speak with me,” Kurczewski said. “I sit in limbo. I need to know my legal rights. I need to speak with an attorney, and I need counsel. What has happened is wrong.”