See, e.g., United States v. Wild, 551 F.2d 418, 422 (D.C.Cir.1977), cert. One of the original investigators, Ron Meehan, remembered the case, as did others involved at the time. A. The evidence was sufficient to support the conviction. Although the scenario of a serious and unexplained falling injury may reasonably preclude an accident theory, it rationally describes a simple assault in which appellant consciously risked causing death or great bodily harm or used such force that death or great bodily harm was foreseeable. See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). Jurgens also contends she sought submission of first degree manslaughter. Minn. Stat. No ACT/SAT Needed for Admission. You have permission to edit this article. Bester, Robert - Died in 2019. Jurgens had requested an instruction on second degree manslaughter (death resulting from culpable negligence). 5. The neighbors I talked to about the case were good people. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. The Ramsey County Welfare adoption case worker testified Lois Jurgens had concerns about the placement, particularly over how Dennis would relate to their older child, Robert, but that her husband, Harold Jurgens, was very enthusiastic about adopting Dennis. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. We believe the jury was capable of understanding the extensive medical testimony concerning the nature of Dennis Jurgens' injury and his earlier abuse, and was not substantially influenced by the hearsay statement. The admission of a hearsay statement was harmless error. At the age of five years old, Robert Jurgens was woken up by noises in his home. at 846-47. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). Find A Grave Memorial. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. State v. Adams, 295 N.W.2d 527, 533. 1988). A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. 609.195(2) (1965). See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. for rev. Where the defendant fails to meet the Marion burden of showing a due process violation, however, the statute of limitations is the defendant's guarantee against facing stale criminal charges. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. There is no indication the trauma to Dennis Jurgens was a misdemeanor assault. However, extensive medical records were available, dating back to 1952, and, while they showed numerous hospitalizations for mental disturbance, none established a major mental illness which would satisfy the M'Naughten standard. (218) 281-5488. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. Post Office. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. However, the state's expert witness was able to reconstruct the purportedly illegible portions of the record; they were not helpful to Jurgens' mental illness defense. The jury was instructed that the term "dangerous weapon" included an "instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm." The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. Evidence on the history of appellant's abuse shows cause to anticipate simple assault there is no evidence of prior felonious blows, and the only suggestion of using weapons is testimony of Robert Jurgens that he and Dennis had been spanked with a wooden spoon or rolling pin or things of that nature. (218) 281-3375. Notifications from this discussion will be disabled. According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. Get this St. Minn. Stat. She was 36. Our Saviors Lutheran Day School Date: 1987-03-22 When Lois Jurgens telephoned Robert Jurgens' home in Crookston, Minn., last fall, the man who answered was her son, the cop. Robert Kent Crookston (1943- ) is the associate director of the Brigham Young University Faculty Center. He knew immediately the two events would be intertwined in his upcoming book: A Death in White Bear Lake: The True Chronicle of an All-American Town. The book was published in 1990 and is still in print. This statement, to the effect Lois Jurgens had called her husband the day before Dennis died and told him she had been "at it" again with the boy, was admitted under the "catchall" exception to the hearsay rule. Without leaving Crookston, they have belonged to three congregations in their lifetimes. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. She objected to omission of this charge when jury instructions were discussed. Robert lived in 1930, at address, Illinois. 875 (1935) (discussing whether defendant had waived the statute of limitations). A place to call home. Don't Threaten. Someone killed him., Joan Honsa still lives in the same house on Sandra Lane she shared with Jim, who died 11 years ago from cancer. The trial court declined to submit this lesser offense although Jurgens indicated she would waive the three-year statute of limitations applicable to that offense. White Bear Lake was recognized as an All-America City in April 1965. University of Minnesota Cardiovascular Disease Fellowship. Twedts older brother Tom Neely offered one vivid recollection. It was definitely seen as a cover up after the fact.. As the Minnesota Supreme Court has made evident for cases where a defendant has not deliberately, consciously killed another person, a rational decision on whether evidence shows manslaughter or third degree murder requires a careful depiction of the underlying misconduct that leads finally to death. Kelly Jurgens Crookston, MN. He grew up in Columbus and was a graduate of Ft. Knox High School there. Did the story affect him at the time? Jurgens was the only fatal victim of Lois Jurgens, his adoptive mother and a prolific child abuser, who abused a total of six adopted children from 1960 to 1975.The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . 1 Unit Available. 2d 844 (1973) (emphasis in original). As the dissent points out, the evidence did not establish how the trauma was inflicted. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). Delwin Dale Jurgens was born on November 10, 1949, in Windom, Minnesota to the late Dale Robert and Beverly Ann (Doherty) Jurgens. People still email me and want to talk about it. that is degrading to another person. Finally, it appears the court, which felt it had the option to sentence under the guidelines, may have ordered a PSI if defense counsel had not taken the position that she could not be sentenced under current law. The legislature has determined there should be no statute of limitations for murder. 19 online majors. 531 days on Zillow. . Minnesota State Patrol 01/30/23 03/09/23 Buhr, Mara Esther Under Sentence 609.3451.1a(1) - Criminal Sexual Conduct-5th Degree-Nonconsensual Sexual Contact - Arrest of Adult Cottonwood County Sheriff's Office 02/09/23 03/08/23 Crowell, Austin Richard Bench Warrant 609.78.2(1) - Emergency Telephone Calls/Communications - Interrupt, Interfere, May 3, 1988. Review Denied July 6, 1988. . If the child was not struck with a weapon or struck with an unusually forceful blow, but the child fell, as the experts allow, how did this come about? He happened to be in the hospital for pneumonia when their house burned down in November of 65. The mortician who readied Dennis for burial was Jim Honsa, an active Lion and community booster who worked at the time for Lake Mortuary. Robert Johnson's passing at the age of 69 on Saturday, June 11, 2022 has been publicly announced by Stenshoel-Houske Funeral Home in Crookston, MN.According to the funeral home, the following services Jurgens does not claim significant prejudice in defending the homicide charge itself. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. Recent photos, introduced to show the basement areas of the Jurgens house, were marked to show subsequent construction. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . The MMPI test that Perkins gave in 1987, however, showed Jurgens within the normal range, although near the upper limits, on both the paranoia and schizophrenia scales. It so happened that Dennis biological mother, 17 and unwed when he was born, had planned to convert to Catholicism so had her baby baptized by a priest. The download speed is limited at 1,000 mbit/s, while the . Many of the events used in the books background Siegel found in Minnesota Historical Society archives, White Bear chamber scrapbooks and an unlimited access on Sunday afternoons to the White Bear Press bound volume collection at the newspaper office. [1] Although the passing of twenty-two years need not and did not preclude successful prosecution of appellant for feloniously causing the death of her son, the evidence did not permit submitting the case to the jury to determine only whether or not Dennis Jurgens was murdered. There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. Witnesses testified Dennis was frequently bruised, often had black eyes and wore sunglasses apparently to conceal them, and became progressively thinner and more withdrawn. She doesnt remember much about the case, except it sounded fishy at the time. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. Was the evidence sufficient to support the conviction? Dr. Perkins, a clinical psychologist who administered and interpreted various psychological tests, had also tested Jurgens in 1967. . Dennis death certificate indicated the cause of death as peritonitis due to traumatic perforation of the small bowel. The jury, however, must have some reasonable basis for concluding that defendant's conduct, while intentional, was not intended to produce the degree of harm that resulted. Born on December 6, 1961 as Dennis Craig Pucket, Dennis would later be adopted by a family where he suffered abuse and eventually died at the hands of his adoptive mother. 2010 Robert Blanchette. To paraphrase another book, its fair to say 1965 was the best of times and the worst of times in the community; it was the season of light, it was the season of darkness. Jail records, court & arrest records, mugshots and even judicial reports. The University of Minnesota Crookston offers academic programs in four departments: Agriculture and Natural Resources; Humanities, Social Sciences, and Education; Business; and Math, Science and Technology.Specifically, education related majors, please visit our Teacher Education Unit, and those interested in online learning, see Online Programs. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. (507) 351-5738 (Aerial Communications) is used to contact Kelly. See id. The trial court sentenced Jurgens to an indeterminate sentence, under 1965 law, while expressing the opinion it had the option of sentencing under the guidelines. Did appellant cause the fall by striking, throwing, tripping or pushing the child? It heightened my feelings, although they were already strong, Siegel replied. We recognize the state has the burden of establishing intent, as with any other element of the offense. View Public Record Results ✓ Addresses. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. Robert passed away on June 26 2002, at age 80. . Jurgens requested the submission of second degree manslaughter as a lesser-included offense. View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. We hope that you continue to enjoy our free content. In August 1963, Dennis was hospitalized with severe burns on his lower abdomen, genitals and buttocks. See State v. Durfee, 322 N.W.2d 778 (Minn. 1982) (battered child syndrome evidence in prosecution for first degree assault, requiring intent to inflict bodily harm). In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. 804(b)(5). Share with Us. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. They were still very upset about it 23 years later what they should have done and could have done. Minn.R.Evid. 2d 226 (holding the limitations can be waived); see also State v. Tupa, 194 Minn. 488, 260 N.W. Robert attended school in McIntire, Iowa, and at the age of 17 . December 6 1961 - April 11 1965. Loss, 295 Minn. at 280, 204 N.W.2d at 410; Schleret, 311 N.W.2d at 848; Goblirsch, 309 Minn. at 405-07, 246 N.W.2d at 14-15. Threats of harming another The Municipal League letter from Chairman George Gallup to Georgia Hillman, then secretary-treasurer of the White Bear Lake Chamber of Commerce, read I salute the citizens of White Bear Lake whose effective action has won this award and sincerely hope they will view this honor as a further incentive to play a positive role in the affairs of their community.. 121 W Robert St Crookston, MN, 56716. We must also decide whether a first degree manslaughter instruction was appropriate here; any possible finding this instruction was waived is inappropriate where the trial court evidently took the erroneous position that lesser-included offenses were barred by the statute of limitations that appellant wished to waive. She came after me like a mad man, with crazy eyes, Neely recalled. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Minn.Stat. Contact. Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . Appellant had not previously inflicted felonious blows on the child. Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. Lois Germaine JURGENS, Appellant. OXFORD REALTY, LLC. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. That summer of 65, the city celebrated the honor. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. Jurgens objected to this testimony. 2315 North Acres Drive, Crookston, MN, 56716. 5722 Wood Duck Cir, Excelsior, MN 55331: Robert W Jurgens, age 54: 101 Ironcreek Pl, Apex, NC 27539 (919) 267-6730: Robert R Jurgens, age 91: 9705 Mountain View Rd, Scottsdale, AZ 85258: Robert D Jurgens, age 80: 1601 Winona Ct, Denver, CO 80219 (303) 727-8998: Robert Jurgens: 2602 Lincoln St, Beatrice, NE 68310 (402) 223-5006: Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. Two of her brothers still live in her parents Gardenette house. Recruits. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). Siegels novel tells the true story about the death of Dennis, his adoptive parents, Lois and Harold Jurgens, and myriad residents he interviewed in 1988 a year after Lois Jurgens was convicted of third-degree murder of a boy who came into her home at the age of 1. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. *555 The jury could have inferred from Dennis' constantly bruised state that he and Lois Jurgens were almost continuously "at it." Our Mission. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). Jim Honsas daughter Terry remembers her dad coming home in 1965 and what he told her mother: That little boy did not die from falling down the stairs. This testimony was impeached by attempts to show bias against Jurgens, and by the witnesses' failure to report the abuse, to testify to it in neglect proceedings in 1965 concerning Robert Jurgens, or to report it to police investigating Dennis' death. The statute in 1965 did not mandate a presentence investigation. We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. STATE of Minnesota, Respondent, 1.72 acres lot - Lot / Land for sale. info@scruffytails.org (218) 281-7225. view our pets. We conclude Jurgens has not shown there was a promise not to prosecute, nor that she relied on it to her detriment. Age 56 (218) 281-1761. June Bol's testimony was consistent with that of other witnesses only in that it was established, and apparently well known within the Jurgens family, that Harold was out of town much of the weekend that Dennis died. Abels blood cries out from the ground, God replied. Golden Eagle Insider Podcast. Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. There was also talk years earlier of Lois starting the fire that killed her mother-in-law. John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. No racism, sexism or any sort of -ism No. He felt he understood why Dennis Jurgens death was now so improbably coming to their attention, and why the boys body had remained so surprisingly intact, as if awaiting their inspection, as if frozen in time until the right moment. Harold Jurgens, who visited his wife regularly at the prison, died in 2000. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. Jurgens claims the court erred in refusing to allow her to waive the statute of limitations so that manslaughter could be submitted as a lesser-included offense.[1]. Some may call it providence. There was no smoking gun piece, Siegel said. Appellant's felonious intent is not established from these facts; they permit a rational conclusion by the jury that appellant committed an intentional wrongdoing constituting first or second degree manslaughter. He was 41 when it published. Please log in, or sign up for a new account and purchase a subscription to continue reading. In 1965, third degree felony murder was committed when the defendant, without intent to cause death, caused death while committing a felony upon the person. They have also lived in Maple Grove, MN and Saint Paul, MN. Most of Jurgens neighbors on South Gardenette Drive were still there that summer, and willing to reminisce about the neighborhood, the little boy who died that Palm Sunday and his reclusive parents, whom no one seemed to know. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. Although the grand jury transcript is not in the record, it is clear from its use at trial that Dr. McGee gave much the same testimony as he gave at trial concerning the cause of death. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. Appellant Lois Jurgens was indicted on January 30, 1987 for one count of second degree murder and two counts of third degree murder. 1 Bed $475. Midcontinent Communications offers the fastest internet access. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. denied (Minn. March 18, 1987), the statements were made to a social worker who took notes and had no reason to fabricate. Last week, Judge David Marsden . I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. The 1965 autopsy report and morgue photographs were introduced. I was writing the book with my little baby next to me. App.1987), pet. Fisher Avenue And Barrette St, Crookston, MN 56716. Jurgens reported to the physician that the injuries occurred when she was washing Dennis in the sink and he turned on the hot water. Jim was relieved someone was eventually charged, Honsa said. The evidence of repeated battering of the child, and the ultimate diagnosis of particular trauma to the child consistent with the battered child syndrome, are together sufficient circumstantial evidence to show death in the course of simple assault such as to establish first or second degree manslaughter based on an intentional act. He grew up to be a police officer and moved to Crookston. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). 816 Marin Avenue, Suite 110, Crookston, MN, 56716 Phone 218-470-8144 City Crookston Postal Code 56716 State Minnesota County Polk County Official Website Website. He does think fondly of the community. She argued this burden had not been met because the experts could state only to a "reasonable medical certainty" that Dennis' death was not the result of accidental injury. The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. October 29, 1993. . The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. 1 and 2. So its hard to forget.. We find no indication Jurgens requested submission of first degree manslaughter at trial and, therefore, she may have waived any challenge to the court's failure to submit it. God asked Cain in Genesis. She was the adoptive mother of six children in the 1960s and 1970s, and brutally abused them all, killing one of them, three-year-old Dennis Jurgens, in 1965. . We'd love to hear eyewitness 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. The Minneapolis Clinic records, which Jurgens claims were illegible, were particularly important because Jurgens was examined there in September 1965, only five months after Dennis' death. art. *558 Respondent faults the defense for failing to produce evidence of a theory explaining Dennis Jurgen's injuries and death through events other than murder by appellant. The doctor was called and pronounced him dead around 10:00 a.m. Jurgens told both police and the physician that Dennis had fallen the day before and had a cold, running a fever. Medical examiner Michael McKee noticed other features, as well. He attended Crookston schools and graduated from Central . He . When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. 1. Second degree manslaughter was not required to be submitted as a lesser-included offense. Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. They are open every day of the week. This omission, however, does not alter our analysis. Low 18F. Electrolux Home Products Australia, +7 weitere . Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. Partly cloudy skies. April 11 marked the 50th anniversary of his tragic death. Minn.Stat. She demanded to know the truth about her son's death. The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. . The doctor who treated Dennis testified the area of the burn was unusual, and Dr. Solem, a burns specialist, gave his expert opinion how the 1963 injury was inflicted. Jurgens was charged with two counts of third degree felony murder, one requiring intentional infliction of great bodily harm, the other assault with a dangerous weapon. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. See State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 126 (1975) (lesser-included offense need not be submitted if the evidence would not "reasonably support a conviction of the lesser degree and at the same time * * * a finding of not guilty of the greater offense."). Official website of Roman Catholic Diocese of Crookston. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn Dr. Jurgens is on Doximity. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. Of Charles and Mamie ( Berg ) Johnson he thought she had killed Dennis N.W.2d 313 322. The hospital for pneumonia when their house burned down in November of 65 Los Angeles Times correspondent Barry drove..., except it sounded fishy at the age of five years old, robert, the jury he she! 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