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Killer Cases Season 7 Episode 2
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00:00The first call came in that it was what we would call a PNB, which is a pulseless non-breathing subject.
00:15He initially believed it was a suicide.
00:17A lot of prescription pill bottles near Lynn's body.
00:22Lynn had significant medical issues.
00:25Kat also talked about ending her life in recent weeks.
00:29We know Lynn was being given by Zine.
00:31This isn't something somebody would drink themselves.
00:34This is not a way somebody would kill themselves.
00:36A horrifically painful and slow, agonizing way to go.
00:40I had seen the movie Wedding Crashers, and there's a scene in it where one of the characters puts a couple drops from an eyedrop bottle in another character's glass of water, and that person ends up being very sick.
00:54Are you okay?
00:55That's a very big understatement of how dangerous it is.
01:00We know that Vizine is fatal when consumed in certain amounts.
01:06That was actually what caused her death.
01:07They started looking at, maybe this is a homicide.
01:12Your wife is in a bar.
01:15You said you've got to find it.
01:17This is what he's going to tell you.
01:19You're going to have to get out of that situation.
01:21And I grab the gun.
01:22Trying to find the first place to put a body.
01:24No, sir.
01:25The only thing they could do was kill it.
01:26You want to say anything.
01:28We the jury and you find the defendant.
01:29The jury.
01:42Hello.
01:42You ready?
01:43I see right there.
01:44We're in a quirk.
01:45Oh, no.
01:47I'm sorry.
01:48You're in a quirk.
01:49You're in a quirk.
01:50You're in a quirk.
01:50A high-stakes cat-and-mouse game was about to begin.
01:55Jesse Krzyzewski, on the left, and her mother, Jennifer,
01:58meeting with detectives to ask about a longtime friend
02:01who had died under suspicious circumstances.
02:05Yeah, she was in front of a friend, so she kind of wanted to know it.
02:08Go ahead.
02:09Yeah.
02:09Yeah.
02:11And why the investigation was taking so long.
02:15You know, it's just frustrating to not know it.
02:18That's what bothers me most.
02:20It was five months earlier, in the lakefront town of Pewaukee, Wisconsin,
02:24that police had responded to the home of Jesse and Jennifer's friend,
02:2962-year-old Lynn Hernan.
02:33There was unknown circumstances as to what happened.
02:36Lynn's body was in a living room chair.
02:38They initially believed it was a suicide.
02:42What they were seeing on scene,
02:44which was a lot of prescription pill bottles near Lynn's body,
02:47certainly crushed up pills and powder on a plate near Lynn's body
02:53and on her chest and around her mouth and that sort of thing.
02:57I've been to hundreds of death scenes and I've never seen something like that.
03:02It stuck out as to weird.
03:05It was Jesse, who had been helping to take care of Lynn, who discovered the body.
03:11Jesse gives a written statement to law enforcement that day
03:13and they ask her in that statement, was Lynn suicidal?
03:15Suicidal, Jesse says yes or no, very non-committal,
03:20seemed upset that this person she had been helping care for was dead.
03:25They take Lynn's body to the medical examiner's office
03:42and an autopsy has to be done
03:43because this is certainly suspicious circumstances, one way or the other.
03:48And there was nothing that stood out immediately during the autopsy.
03:53It was just kind of a, okay, maybe this is what it was.
03:55Maybe this was a suicide and there's nothing to be concerned about.
04:00Four months later, the medical examiner had not yet made public the cause of Lynn's death,
04:06awaiting the results of toxicology tests to determine what drugs she had taken.
04:11Any communications with Jeff?
04:14I'm calling. I'm trying to find out some information.
04:17She actually reached out to the sheriff's department
04:20and asked us about what was going on.
04:23And what is the subject's last name?
04:26H-E-R-N-A-N.
04:30And the first name is Lynn.
04:31The medical examiner hasn't had any information in months
04:34and then she just said now that it was referred to your department.
04:38All right, Jesse, I will have a deputy give you a call, okay?
04:42Thank you so much.
04:43You're welcome.
04:44We thought that it was very odd that she was continuously calling and asking what was going on.
04:49So detectives were eager to meet face to face.
04:53We wanted to see what she would say, how she would act, what was she going to tell us.
04:56And I'm like, I just want to know, like, because they kind of, like, weren't sure.
05:02We didn't know if it was a suicide or if it was something medical.
05:05She was in the hospital shortly before.
05:07She's been sick for years.
05:09We really weren't sure, you know, if this is something because the doctors could never figure out what was going on.
05:14I could tell that she just seemed to be fishing to try and find out what was going on
05:19more than she was willing to share with us information.
05:22Jesse told detectives that Lynn was a friend of her mother's and that she and Lynn had been close since Jesse was a teenager.
05:29So she was, like, an aunt, a second mom to me.
05:31She didn't have kids.
05:32She didn't have her whole life?
05:33Yeah.
05:34Lynn really treated Jesse like a child, like a daughter.
05:37She cared a lot about her.
05:39And as Jesse grew up, Lynn was in her life.
05:41Jesse had become a constant presence at Lynn's apartment.
05:44I mean, toward the end, I was taking her in doctor appointments, picking up her prescriptions, doing everything.
05:51Then the last few weeks, you're up there pretty often.
05:53Daily.
05:54Yeah, like once, twice a day.
05:56And you're helping her too?
05:57Yeah.
05:57She was definitely coming across as someone who did nothing but care for Lynn.
06:02And we kind of provided them with a little bit of information as far as what was found at the medical examiner's office.
06:09But there was something the detectives were not telling Jesse and her mother.
06:13The toxicology reports on Lynn Herndon had come back.
06:18And it was actually our medical examiner that really had the idea to send this out to an outside lab for toxicology in Philadelphia called NMS Labs.
06:28And they just happened to, very luckily, include tetrahydrosaline in the chemicals they test for in their very initial blood panel.
06:37Tetrahydrosaline is the active chemical in eye drops, in Vizine.
06:41When our medical examiner got the initial toxicology screen back, that number kind of jumped off the page.
06:48She knew that it was not a chemical that should be in the body.
06:52I had seen the movie Wedding Crashers.
06:54Let us bow our heads in prayer.
06:56And there's a scene in it where one of the characters puts a couple drops from an eyedrop bottle in another character's glass of water.
07:05And that person ends up being very sick.
07:08Oh, no.
07:10Are you okay?
07:12Well, Claire, um, my head's buried in a toilet.
07:16What do you think?
07:17Why don't you do the math, okay?
07:18With gastrointestinal illness that night and kind of out of commission, that's a very big understatement of how dangerous it is.
07:28We know that Vizine is fatal when consumed in certain amounts.
07:34And the test results showed that Lynn may have ingested as much as six bottles worth of Vizine.
07:40That was actually what caused her death.
07:41It was very interesting to listen to her questions and watch her demeanor, knowing what was in the toxicology.
08:11Yeah, ministry the medication at all?
08:13No.
08:14She's taking care of her own pills.
08:16But you're picking them up from the pharmacy.
08:18But certainly no mention of, of the eyedrop idea.
08:22Based on your observations, was she taking her medication properly?
08:26Yeah.
08:26Because, I mean, they find her.
08:28Yeah.
08:29Obviously, you found her.
08:30Yeah.
08:30There was, there was everywhere.
08:32She kills everything.
08:33He was never good with her medication.
08:35She was really big on her.
08:37Xanax was her big one.
08:38She never took it.
08:39She always was taking more of it than what she knew that.
08:42And then, slowly, she starts to suggest that maybe, maybe Lynn was a little bit more unhappy than I realized.
08:49After her parents died and she got sick, she kind of just went through from everybody and everything.
08:55She pretty much blew everybody off if possible at the end.
08:58She was just very, I don't know, she was just tired of being sick.
09:03Okay.
09:03And she was frustrated because she wasn't getting the answers.
09:06They really did a good job of letting her control the narrative and just kind of talk herself into, into a corner, really.
09:12Clear for me, I'll let you know what's going on.
09:15Detectives let Jessie and her mother leave without telling them about the visite.
09:19Certainly, we are not going to tell Jessie the actual cause of death in this case until it makes a lot of sense to do so.
09:29Now, and now, it was a homicide investigation.
09:38This is where Jessie Krzyzewski spent some five years before becoming a caretaker for Lynn Hernan.
09:44The Ellsworth Correction Center for Women in Wisconsin, after being convicted on charges of fraud and identity theft.
09:52She had a long record, actually, going back to 2009 of forging documents or stealing checks or creating, you know, false bank documents for, you know, family members and close friends.
10:05She's a very intelligent person.
10:07You know, I think that that's one thing we recognized early on, her ability to trick people into believing what she was saying was reality.
10:18The next step for detectives was to pull Lynn's credit card and bank statements.
10:23Lynn had received an inheritance from one of her parents passing away.
10:28And so there was a bulk $250,000 put into account by October 3rd of 2018 when Lynn died.
10:36That account that was at $250,000 or more was down to $87 and some odd cents.
10:44At the very same time, Jessie had been on a spending spree at the nearby casino and at a local bar where patrons fondly remembered her.
10:54She was really just trying to be the most popular girl at the bar in that she would buy everybody in the bar rounds of drinks or she would buy food for everybody in the bar.
11:05During that same time, Jessie had taken out credit cards in Lynn's name.
11:11And knew how to get around credit card security checks.
11:14Thank you for calling.
11:16City, can I have your name as it appears on your card?
11:18Lynn A. Hernan.
11:20Okay, thank you, Ms. Hernan.
11:22Give me just a moment here while I'll pull up your account.
11:24It was Jessie calling and pretending to be Lynn.
11:28Gave Lynn's name.
11:29Certainly had Lynn's account number and social security number at the tip of her fingers.
11:35Basically, there's like a temporary block.
11:37I was on it and I normally use my mobile app and I was trying to go online.
11:43Yeah, I'll refresh that for you.
11:45That's not blocked anymore.
11:47Thank you so much.
11:48She knew what she was doing and she obviously has done this before.
11:52Oh, your account is blocked permanently.
11:55Let me do that.
11:57That's what I was just wondering.
11:59Yes, I can see here.
12:01Because you tried to answer these security questions, if I'm not wrong, that more than five times.
12:07It was kind of shocking that she was able to get through all the security questions and still being able to access the account.
12:16So I have unlocked your account.
12:18Let's give another try.
12:20And detectives found check after check made out to Jessie with what they believed was Lynn's forged signature.
12:28And we can certainly see her money, you know, slowly be drained out of her account.
12:33And we see that those are the checks to Jessie.
12:35She took $134,000 over 20 checks.
12:39Once we had done that initial stages of the financial investigation, we determined that there was enough information to proceed with an actual sit-down interview with her.
12:52So in conjunction with the Department of Corrections, a warrant for her arrest was issued for probation violation.
13:01This will probably make things a lot more difficult.
13:04Jessie was brought to the sheriff's office in handcuffs.
13:07That was a turning point because on that day, July 9th, was her first custodial interview.
13:25Did you ever use the credit cards for something you weren't supposed to?
13:29Never.
13:29It's all fault. Everything on there is for...
13:31Always permission. Always.
13:34I know better.
13:35Your husband's pals.
13:53But I'm really starting to think you guys think I did something or I did something wrong.
13:59And if you knew Lynn, you knew the way she was.
14:02I didn't do anything. I'll tell you that.
14:04I'm just like, I love her to death.
14:06I don't know her. That's why I'm asking you a lot of questions because I don't know who she was.
14:12I get it.
14:13You know what I mean?
14:13It's one of the disadvantages of doing this job is you know her intimately.
14:18Yeah, I know her very well.
14:20And I'm investigating a death.
14:22I get it.
14:23And there's an anomaly in her toxicology.
14:27There's a drug in her system that's not supposed to be there.
14:29What would that be?
14:31It's called tetrahydrosaline.
14:33What is that?
14:34I'm waiting with eye drops.
14:35She acted shocked and surprised and denied any knowledge of it, denied of ever hearing
14:42of tetrahydrosaline, ever knowing what it could do to you.
14:47Apparently, it's not good for you to use lots of eye drops.
14:51And that's what the medical examiner is concerned about.
14:54Did they look in her house because she has boxes of them?
14:57That's right.
14:57Yeah.
14:59Because she was well known for eye drops.
15:02Okay.
15:02She said, oh, Wynne was known for visine.
15:05She was known for eye drops.
15:08To me, that's a ridiculous statement.
15:10What killed her is the eye drops.
15:12Are you serious?
15:14Medical examiner tends to think someone killed her.
15:16Are you serious?
15:18Yeah.
15:18Why is that?
15:21Because they didn't find any visine bottles next to her.
15:24They're all over her house.
15:26But she didn't really move around.
15:28That's what we were told is she didn't really move.
15:30I can honestly tell you, I know they're all over her.
15:34I think that someone gave it to her.
15:36I was the only one there.
15:37I don't know.
15:40They're all in her bathroom.
15:42All in there was two in her nightstand.
15:44Two in her nightstand.
15:45But detectives knew that was not true.
15:48The crime scene photos of the bathroom and the bedside table showed no empty visine boxes.
15:55Somebody took a great deal of care in getting rid of the actual murder weapon, so to speak.
16:02So, Michael, I've never seen the things to body.
16:05It was staged.
16:08I was the only one there, and I didn't stage anybody.
16:10I'm not lying.
16:11I was the only one there.
16:13I know, but you're freaking me out right now.
16:16I know what people are going to think, and I spent the most amount of time with her.
16:19I didn't kill her.
16:20This is my family.
16:21I told you I had to lose, and here it is.
16:24Well, they're trying to look at this as a murder.
16:25That's just insane to me.
16:32This is why I'm here.
16:34One of the reasons.
16:35Do you guys think I murdered her?
16:37Did you?
16:37I swear to God, I did not.
16:40You won't have the most to gain on this.
16:41I have no reason to murder her.
16:43I'd rather have her be here now.
16:45I did not murder her.
16:47Under whatever I have, I did not murder her.
16:50I did not.
16:51I'm 100% honest with you.
16:52Did you?
16:53I didn't give her.
16:54Did you help her?
16:55End her life.
16:57I didn't help her end her life.
16:58Because I'd understand if I did.
17:00I did so.
17:02I swear to God, I did.
17:04I would say they sort of tried to give her enough rope to hang herself with,
17:07because it still wasn't clear for sure,
17:10certainly not enough to charge the case,
17:13whether this was a suicide or, in fact, a homicide.
17:16They needed a confession.
17:18Every day we return to work in the morning, we were given a communication letter from the jail indicating that she wished to speak with us again and wanted to talk to us.
17:34But you said you wanted to come see us, so?
17:38Yes.
17:38I did.
17:39I wanted to know that I was part of it, if I could do that.
17:42I wanted to know anything I could do.
17:43And every day we started a new story, a new venture of what actually happened per Jesse.
17:50So, where are things at then right now?
17:53We're still investigating you for homicide.
17:56That's what we're doing.
17:57And nobody else?
18:00No one at this point.
18:01You tell us.
18:02I mean, I asked you yesterday.
18:03The only other person I could think of, and I saw this last night, and I'm not saying she would do it.
18:07I just was trying to think she had keys, her neighbor.
18:09She really thinks that she is going to tell us a story and that we're going to believe it.
18:15Well, Jean wasn't the one that was getting hundreds of thousands of dollars from Lynn,
18:19and Jean wasn't the one opening credit cards and trying to do loans in her name.
18:23The money that you guys keep talking about, majority of the money she gave in a large amount,
18:27was over a year before she died.
18:30Did you ever write out a check from Lynn to you?
18:36Did you ever write it out?
18:37Did I write one out?
18:38Did you write one out?
18:39Did you ever sign Lynn's name?
18:42Did you ever sign Lynn's name?
18:44I have paid bills for her, but a check to me, no.
18:48She denied that she ever wrote out a check from Lynn to her personally.
18:52I think she said that she probably received about $20,000 from Lynn.
18:57And I think we confronted her and told her that it was more like around $190,000 to $200,000 at the time.
19:03We have a forensic account from the IRS.
19:05Look at all the accounts.
19:06$194,000 over the last two years.
19:10It's three, but minimum.
19:12Minimum.
19:12This is the stuff that's solid checks and account transfers.
19:16I mean, the funny thing is, you sit here and you're laughing.
19:19The money that you're there is, you're literally laughing.
19:22I'm not laughing that she's done it at all.
19:25I understand that.
19:27This is a huge deal.
19:28I'm looking at, like, a life sentence right now.
19:30The way she's acting, the way she's just trying to talk herself out of this,
19:35she's not backing down.
19:37She's doubling down on her lies.
19:39Have you ever looked up anything with Vizian poisoning?
19:42No.
19:44You've never heard about Vizian poisoning?
19:46From the movie, yeah.
19:47That's just making someone sick, but you've never heard about someone poisoning with Vizian?
19:52I've heard somebody getting sick with a diarrhea, but not poisoning.
19:56No.
19:57I've never heard somebody dying from Vizian ever in my life.
20:02But they had also gone through her phone, and she wrote the chemical name.
20:06She wrote tetrahydrosolene, and so she very well knew what it was.
20:10She finally decides to say that, okay, well, I knew she was drinking Vizian all the time because she was so suicidal.
20:21I sat with her in her house on Monday, and she was drinking Vodka and Vizian.
20:34Now, how do you know she was drinking Vodka and Vizian?
20:37Because that's what she had mixed together.
20:39I mean, I think there were seven interviews from seven consecutive days where she changed her story just a little bit by a little bit
20:58until they got to the point of absolute absurdity.
21:02Trust me, I'm ready to do it, say it, and tell you guys everything, because I want to go home.
21:07I want to go home.
21:08And it's almost as if she spends the night in her cell thinking about ways to explain away things that they've confronted her with during the day.
21:20And then she comes back down the next day, and it just is this huge hairball that gets bigger, bigger, and more messier.
21:29Okay, I helped Lynn.
21:54I would put it in her drink for her, but I only did it one time.
21:59Here she is.
22:02Okay, look at her.
22:04You loved her.
22:05Yeah.
22:05Wait.
22:08What don't you see?
22:10Vizian bottles, and she needs a lot of Vizian, more than one bottle, to get rid of Vizian on her body.
22:17I would like to believe you, but all the lies you said in this case, you know what it looks like?
22:22That you're guilty.
22:23I understand.
22:23And that quickly became this sort of breakdown moment where she says, I gave her a bottle that had six bottles of Vizian in it.
22:32Mixed in in a water bottle, Jesse left on the table next to Lynn's chair before leaving the apartment.
22:38I gave it to her because she said I wanted it.
22:42I didn't realize, per se, I knew she told me, okay, I have this one, I have this one, and I have my vodka.
22:52And she said, it's the one bottle I have left on the right.
22:55Can you please give me that before you leave?
22:57I thought that was it.
22:58That's her admitting to killing Lynn.
23:01I honestly thought, though, like the other times, it wasn't going to kill her.
23:05I thought it was going to go to her sleep for a little bit.
23:07Fix in there, the other.
23:08Your thoughts are going to need to give it to her.
23:10Is that what you're going with?
23:11No, I didn't think it was a good idea.
23:12Why did you give it to her?
23:13Because I fought with her about it for an hour before I left, and I didn't want to keep arguing with her.
23:19I'm telling you, the gods are true.
23:22I didn't murder her.
23:24Detectives later tracked Jesse's travels after she left the apartment.
23:27She went and ran errands and went and opened up a new credit card in Lynn's name, bought a big screen TV.
23:34So she was out shopping on Lynn's dime, knowing that Lynn was probably dying at home by herself.
23:40Are you hearing guilt for what you did?
23:42I have a ton of guilt.
23:43She is just one of the most awful people I think I've ever encountered.
23:49Jesse was indicted on a charge of first-degree murder,
23:52but prosecutors knew it wasn't going to be easy to prove to a jury that she used Vizine as a murder weapon.
24:09Much anticipated opening statements are about to get underway in a trial where Wisconsin woman
24:14Jesse Kershevsky stands accused of poisoning family friend Lynn Hernan with an ingredient found in eyedrops.
24:21You don't see very many female murderers.
24:25You can count on one hand the number of tetrahydrosaline murdered.
24:29Opening statements from the state.
24:31So this is Wisconsin versus Jesse Kershevsky.
24:34Mrs. Kershevsky said otherwise, this is a case of murder, greed, and lives.
24:41At the heart of this case, what I don't want to be lost on you,
24:44is this is a case about Lynn Hernan, the victim.
24:48And frankly, dead at only 62 years old from a tetrahydrosaline poisoning
24:53after the defendant gave her a bottle laced with Vizine eye drops to drink.
24:57The access Ms. Kershevsky had to Lynn Hernan allowed her to steal every dollar almost
25:04that Lynn Hernan was worth in life.
25:07She couldn't use the credit cards anymore.
25:09There was no money to take out of the bank anymore.
25:11She had experienced prison, and I think that was, you know,
25:14certainly a motive to not want to go back and knew she was going to go back
25:18if she was caught stealing from Lynn.
25:20This is not a suicide.
25:22This was intentional homicide.
25:23And justice for Lynn Hernan here is three guilty verdicts for Jesse Kershevsky.
25:32Defense panel.
25:36This case is extremely important to Jesse.
25:42And as you sit there, I want you to look at her.
25:46She's presumed innocent.
25:47Because you sit there right there, and don't ever let that thought leave your mind
25:53that she's presumed innocent.
25:56And if Lynn Hernan was here today, she would say,
25:59Are you crazy?
26:02Prosecution.
26:08That's my daughter that you have sitting there.
26:12That's who Jesse is for her daughter, even though not my wife.
26:17She was crying, I guess, but not really,
26:25because there was no tears coming from anywhere.
26:29Lynn loved her vodka.
26:31She also liked visine.
26:33I have no idea why.
26:36Lynn liked her visine and vodka and water.
26:39Why?
26:40Oh, no, I don't know.
26:41You know, to this day, no one's ever died from visine.
26:46Ever.
26:49On planet Earth.
26:50No one, not one person's ever died from visine.
26:52That's why I've just imposed it.
26:54Why didn't it?
26:55It's never happened.
26:57Just have an object.
26:58That's not, that's not what any of the evidence is going to come in to say.
27:02Um, can you get all these rephrases?
27:06Well, we'll see.
27:10Lynn was really sick.
27:13And depressed.
27:14And you saw the way she was done up with the hair and nails and jewelry.
27:22She didn't look like that anymore.
27:25I don't think, never in her wildest dream would she ever think Jesse would get arrested for a suicide that Lynn committed.
27:34Or being charged with money that Lynn gave to her.
27:37Jesse's innocent.
27:43She's innocent.
27:45Find her not guilty.
27:48Thank you, Attorney Gallaby.
27:50State calls Dr. Linda Bedritsky.
27:59Dr. Bedritsky, where do you work?
28:01At the Waukesha County Medical Examiner's Office.
28:04In this case with Ms. Hernan, did you send samples to NMS labs?
28:08I did.
28:08Were there remarkable findings that kind of pointed you in a certain direction about what the manner of death might be?
28:14So the cause of death I determined was tetrahydrosaline poisoning.
28:19And how this injury occurred is that she was given tetrahydrosaline by another, which is why I called it a homicide.
28:27If it was self-administered, it would be something else.
28:31At any point did you see concerns by any provider that Ms. Hernan had suicidal ideations?
28:37No.
28:38Severe depression?
28:40No.
28:41Terminal illness?
28:42No.
28:43This jury was told that tetrahydrosaline can't kill a person earlier this week.
28:49Would you agree with that?
28:51Not only don't I agree with that, I think it's an irresponsible statement.
28:55Was this photo significant to you in your analysis of causing manner of death?
29:01Yes.
29:02There was a sprinkling of multicolored pill fragments on her body, in her hair, on her chest, over her shoulders.
29:11I mean, literally, the only thing I thought of when I saw this was somebody, you know, held crushed pills and just, like, sprinkled them like confetti.
29:20I've never seen that in a case before.
29:22Those are all the questions I have.
29:23Thank you, doctor.
29:24Attorney Kuchler, you may start your cross.
29:33Your conclusion was that she died from the tetrahydrosaline, right?
29:41Yes.
29:42And you don't know, as you sit there today, that whether she voluntarily ingested that.
29:51You don't know.
29:55It was my opinion she didn't, but knowledge of her action, no.
30:01Well, you weren't there.
30:01I wasn't there.
30:03And as the case played out in court, the lead detective began to worry the case was too dependent on expert opinion and circumstantial evidence that Jesse might beat the murder charge.
30:14You know, today's day and age, a lot of crimes with video technology, we don't have that.
30:19We don't have anything where, you know, Lynn's saying she's being poisoned.
30:23We don't have that.
30:24Stay close, Scott Craig.
30:36I feel very bad for Scott.
30:38Scott's a victim in this investigation as well.
30:41Mr. Craig, how is it you know Ms. Krzyzewski?
30:43Um, we were a boyfriend and girlfriend for three years, three and a half years.
30:50Where did you believe Lynn Hernan passed away?
30:53Um, in Frederick Medical Center.
30:54This gentleman was under the impression that Lynn was in a coma at Frederick Hospital for months and months.
31:03Who gave you that information?
31:04Jesse.
31:05Did Ms. Krzyzewski ever tell you that was not true?
31:12Um, after the fact, after her arrest on phone calls from the prison, yes.
31:18Nobody makes up lies like that to their person they love.
31:22You don't love anybody.
31:24I don't love anybody?
31:25No, you don't.
31:28You don't lie to people.
31:29You know why do people make up so many lies?
31:32Uh, she said that Lynn, um...
32:02was a drinker, um, she was suicidal, um, things of that nature.
32:08That was all from Ms. Krzyzewski telling you that?
32:11Yes.
32:12He was very, very important because it showed the level of Jesse's deviousness.
32:22The prosecution wrapped up its case with lead detective Aaron Hoppe, who over three full
32:32days showed the jury the video of Jesse's interrogations.
32:36How do you know there's six spots?
32:37That's what she told me.
32:39She said I put six in there, the other...
32:40And did you think it was a good idea to give it to her?
32:42Is that what you're going with?
32:43No, I didn't think it was a good idea.
32:44Why did you give it to her?
32:45Because I fought with her about it for an hour before I left and I didn't want to keep
32:49arguing with her.
32:50Was that the first time that you had heard anything about six bottles of Visine in a water bottle?
32:58Yes.
32:59Okay.
33:01Is, do you recall from the scene photos, is there a bottle of water in them?
33:06Or a water bottle in the photos?
33:08Yes, there is.
33:09Okay.
33:09The bottle that was next to Ms. Hernan in that, at the time, it had contained at least
33:14six bottles of Visine that she knew was in there.
33:18That's her admitting to killing Lynn, because we knew from our toxicologist and our medical
33:23examiner that that's just not a method somebody would choose to commit suicide with.
33:31The defense calls Dr. Lindsay Thomas.
33:34The defense witnesses, it did include a couple of experts, one of which was a pathologist,
33:44which she's very, has very good credentials.
33:48Are you aware, as you sit here today, of any cases of tetrahydrosoline overdose deaths
33:55reported in the medical, the peer-reviewed medical literature?
33:59No, I'm not aware of any.
34:00So, in this case, using your most honest appraisal of all the information you have, did you reach
34:06a conclusion of manner of death for Lynn Hernan?
34:09Yes, and I would say that was undetermined.
34:13Now, is there, would you say that there is strong evidence here that Lynn Hernan's death
34:19was a suicide?
34:21I would say there's strong evidence that certainly could have been a suicide, yes.
34:26And do you hold your opinions here to a reasonable degree of medical certainty?
34:30Yes.
34:31I thank you, doctor.
34:32All right, thank you.
34:33Cross.
34:35Were you aware that leading up to Ms. Hernan's death, all of her credit cards were maxed out?
34:45I'm going to check this.
34:46That's not the testimony.
34:47Yes, it is.
34:50Overruled.
34:51Um, no, I wasn't aware of that.
34:54Are those circumstances suspicious to you?
34:57Sure.
34:58Those are all the questions I have.
35:00Thank you, doctor.
35:01The case really essentially came down to, can you believe, is Jesse credible?
35:06Can you believe that Lynn was really suicidal and this was a suicide?
35:11Ms. Kershefsky, I'd like to have a brief discussion with you regarding your right to testify.
35:18And you can hear me okay?
35:19Yes.
35:20All right.
35:21Do you understand that the decision whether to testify is for you to make?
35:26Yes.
35:28Have you made a decision?
35:31Yes.
35:31I thought there was no way she wasn't going to take her chance to try and deceive the jury,
35:43no matter how far-fetched her story might have been.
35:46What is that decision?
35:47It was very hard for me to decide, but ultimately I will not be testifying.
35:54With that, Attorney Kukler, anything else from the defense?
35:57No, with that, we rest.
35:58All right, thank you, everyone.
36:05Please be seated.
36:07All right.
36:08Attorney Nikolai, go ahead when you're ready.
36:10Thanks.
36:14Ladies and gentlemen, we submit to you that the misleading scene that caused investigators
36:22from day one to believe this was a pill overdose was very intentional.
36:29This is someone who has profited over $144,000 before death and over $80,000 after.
36:36This is someone who misleads others when she's in hot water.
36:42I submit to you, ladies and gentlemen, that Ms. Krzyzewski thought she would get away with this
36:47or be able to talk her way out of it.
36:49But the reality of this is that the cause of death is a poisoning, and the manner of death is a homicide.
36:58Based on all the facts and evidence that you've seen, the state is going to ask that you return three verdicts of guilty in this case.
37:06Ladies and gentlemen, this case is not a homicide.
37:26The state has not proven a first-degree intentional homicide.
37:30It's what everyone concluded on October 3rd, 2018.
37:36It was a suicide.
37:38Lynn liked to spend money.
37:39She liked to give money away.
37:41As to the theft from Lynn during her life, the state has failed to prove it.
37:46The record before us was that Lynn gave Jessie the money willingly.
37:53She had no one else to give her money to.
37:56The state has not proven their case.
37:57The verdict, the only true and correct verdicts are not guilty.
38:02And thank you.
38:08We are currently in verdict watch for the eyedrop murder trial out in Wisconsin.
38:14The jury was out for some 13 hours.
38:17You're wondering what's going on, what's going through their heads.
38:21I would say 13 hours is a long, long time.
38:24Madam Foreperson, has the jury reached their verdicts?
38:26Yes, Your Honor.
38:27I will read as to each count.
38:31We, the jury, find the defendant, Jesse R. Kershevsky, guilty of first-degree intentional homicide as charged in count one of the information.
38:46We, the jury, find the defendant, Jesse R. Kershevsky, guilty of theft of movable property as charged in count two of the information.
38:58We, the jury, find the defendant, Jesse R. Kershevsky, guilty of theft of movable property as charged in count three of the information.
39:08Relieved.
39:11Relieved.
39:12Relieved.
39:12Relieved.
39:13Relieved.
39:14Self-vindication for the people that had been taken away from Lynn's life, for Lynn herself, and to make sure that Jesse's never going to have the opportunity to do this to anyone else again.
39:26Jesse had a new lawyer for her sentencing after saying her old lawyers had blown the case.
39:38It's very common for a defendant after they lose a jury trial, particularly a homicide trial, to blame their lawyer.
39:45Typically, that's misplaced blame, but that's very typical.
39:48Good morning, everyone.
39:51We are here today for sentencing.
39:55Your Honor, Jesse cruelly murdered my friend Lynn Hernan.
39:59I'd like the court to sentence Jesse to life in prison with no chance of parole, ever.
40:04If Wisconsin had the death penalty, I would be asking you for that.
40:09I believe Jesse is pure evil.
40:12Jesse poisoned Lynn like she was a rodent.
40:14As you serve your sentence, I hope you reflect on the impact of your actions and find the strength to atone for them and stop your life of deceit and lies.
40:23I hope you know your charade is up and that you will never fool anyone again.
40:29Ms. Kershevsky, this is your opportunity to address the court.
40:33What, if anything, would you like to say?
40:37There's a lot I want to say here today.
40:40I took the time to write it so I don't forget anything.
40:42She spoke for two hours.
40:44I have every right to be upset, frustrated, irritated by all of this.
40:48I didn't do this and nobody is giving a damn to look into what really happened.
40:52And then Jesse read from letters that she said Lynn had written.
40:56Letters prosecutors said she probably fabricated.
41:00No one played any part in this decision or acted in it.
41:03I have chose to drink by Zine to end my life.
41:05She went on and on, kind of filibustering her own sentencing hearing, it seemed.
41:13But mark my words when I say you are sending an innocent person to prison today.
41:17I thought her statement was clearly self-serving.
41:20I think that it didn't do anything to move the needle with the judge.
41:24I think you thought you were a very good thief and that you could get away with even more.
41:32These were crimes over a significant period of time.
41:38These were crimes that required planning, preparation.
41:44You're going to stand firm on this was a suicide and no one will convince you otherwise.
41:50But you know what you did.
41:53You know you're the one that took Lynn Herman from this earth.
41:57You know you're responsible because your own words say that to me.
42:02I'm going to impose a life sentence with the possibility of extended supervision.
42:07And that target being to make you eligible closer to a point in time when you are 80 years of age.
42:15Jesse is someone who is extremely dangerous to the community.
42:20Because she doesn't use brute strength to harm people.
42:27She uses her intelligence and she schemes her way into people's lives and harms them.
42:37And in this instance showed that she was willing to literally murder to get away with her schemes.
42:45And so the Wisconsin State Prison System is the only appropriate place for Jesse Krzyzewski.
42:52The a
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