This, however, is speculative. We recognize the state has the burden of establishing intent, as with any other element of the offense. PLEASE TURN OFF YOUR CAPS LOCK. Dennis Craig Jurgens (December 6, 1961 - April 11, 1965) was an American 3-year-old boy who was murdered in White Bear Lake, Minnesota in April 1965. Did appellant cause the fall by striking, throwing, tripping or pushing the child? Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. Dr. Sturner testified the bowel injury occurred 12 to 36 hours before death, was caused by external blunt trauma (most likely to the mid-abdomen), and that, while some of Dennis' bruises could have resulted from the falls described by the parents, the bowel injury could not have occurred in such a manner. "I remember waking up hearing loud screams. June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). The bruises were still visible on the now leathery brown skin. 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. When her mother died, Rodvald said Lois Jurgens sent a sympathy card. Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. The mid-60s was just the beginning of awareness of battered child syndrome, Siegel said in a telephone interview. 1988). Lawrence Robert Jurgens; Patricia Lynn Jurgens; Robert Andrew Jurgens; Theresa M Jurgens; CTA TEXT. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). Minn.Stat. I went to Dennis' bedroom I saw Lois picking Dennis up out of his crib, she kept yelling his name "Dennis, Dennis, Dennis". There is no indication, however, that she incriminated herself in that examination. Home to around 7,000 people, the community exudes a timeless sense of small-town Midwestern character -- in spite of the name, Crookston actually boasts one of the lowest . The author, who won a Pulitzer Prize in 2002 for a story of another childs death in the Utah wilderness, said he still hears from people interested in the Jurgens case. Minn.Stat. 609.195(2) (1965). We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. Ramsey Co. C3-92-2279. There was a June weekend auto show with sport models from Polar Chev and Tousley Ford, a teen dance and giant barbecue that cooked 40 turkeys on a 60 foot spit over 600 pounds of charcoal. We conclude, however, that the admission of the hearsay statement was harmless error because the state did not have to produce evidence of the circumstances of the injury to Dennis, given that he fit the "battered child syndrome," and the fact that the medical evidence established that his injury had been inflicted. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. 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. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, Robert attended school in McIntire, Iowa, and at the age of 17 . As a child he moved with his family to. No ACT/SAT Needed for Admission. So did the cops and the mortician who embalmed Dennis. for rev. Was the evidence sufficient to support the conviction? See Minn. Stat. The population was 7,482 at the 2020 census. On this record, we must conclude the delay in prosecution was not an intentional device to obtain a tactical advantage. Evidence great bodily harm was suffered is not evidence of intent to cause the same. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. B. Schwingle : J. Smith : Joel A. Jurgens Research Scientist University of Minnesota 495 Borlaug Hall 1991 Upper Buford Circle St. Paul, MN 55108 Phone: 612-625-6231 jurgens@umn.edu . Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. Don't Threaten. If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. ANGELIZD's Place - Child Abuse Pages - Dennis Craig Jurgens. . In August 1963, Dennis was hospitalized with severe burns on his lower abdomen, genitals and buttocks. [5] It should be kept in mind that we are not dealing here with any suggestion that appellant was zealously over-charged, that the trial court arbitrarily submitted to the jury only murder accusations, or that the prosecution unreasonably resisted submission of lesser included accusations. Get directions view our pets. The trial court is required to submit a manslaughter instruction if the evidence. He does think fondly of the community. See, e.g., State v. Swanson, 307 *559 Minn. 412, 416, 240 N.W.2d 822, 825 (1976) (jury could have found defendant culpably negligent where defendant pointed and fired gun at victim who was advancing at him). [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. The court concluded: The evidence here established not only a history of prior abuse, making Dennis Jurgens a battered child, but also medical evidence of a fatal injury which doctors testified could not have been caused accidentally, as initially described by the Jurgenses. Golden Eagles on Instagram. See Minn.Stat. 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 1950 to 1970.The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Minn. Stat. Sep 2014 - Nov 20206 years 3 months. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. Also, Jurgens' 1965 MMPI was interpreted as showing no indication of psychotic disturbance. Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. Second degree manslaughter was not required to be submitted as a lesser-included offense. He happened to be in the hospital for pneumonia when their house burned down in November of 65. The predicate felony charged against Jurgens was aggravated assault, requiring that she intentionally inflicted great bodily harm or assaulted Dennis with a dangerous weapon. The average household income in the 3rd Avenue area is $65,804. Feb. 29, 1988 12 AM PT. Age 52 (218) 281-1761. Dr. McGee conceded that battered child syndrome is not a cause of death, but testified the syndrome helps support a finding of homicide. 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. Our neighborhood was fantastic, she said. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. The evidence was sufficient to support the conviction. We were all like a big family. State ex rel. However, he had no authority to make any promise concerning prosecution. To all appearances, they were a normal midwestern family, but Jerry suspected that something sinister had happened in the Jurgens household. 609.19 and 609.195(2) (1965). Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). 3. The indictment charged Jurgens with one count of second degree intentional murder and two counts of third degree felony murder (one count charged death occurring in the course of an aggravated assault, the other charged death occurring as a result of the use of a dangerous weapon). Harold Jurgens, who visited his wife regularly at the prison, died in 2000. Did the court abuse its discretion in sentencing without a presentence investigation? Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. Close this dialog. Sister Rose Mary was born in St. Rose, MN, one of six children of the Rose Weber and Robert Toenyan who later moved to Blackduck, MN. that is degrading to another person. From the injury to Dennis' small bowel and medical testimony as to the force required to inflict that injury, the jury could have inferred the intent to inflict great bodily harm which the aggravated assault statute required. 609.225, subds. You already receive all suggested Justia Opinion Summary Newsletters. Electrolux Home Products Australia, +7 weitere . Fax: : 218-281-1410 . We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. Cf. Jurgens was granted her right of allocution. Times Staff Writer. She doesnt remember much about the case, except it sounded fishy at the time. The trial court did not err in refusing to dismiss the indictment. The difference was this time the medical examiner immediately thought child abuse.. She had also received *549 harassing telephone calls which she thought were from Jurgens. As the book retells, Sherwood walked into the White Bear Lake Police Department Sept. 11, 1986, claiming her baby boy had been beaten to death. The murder conviction here cannot stand. He received his medical degree from McGaw Medical Center of Northwestern . Phone: : 218-281-3111. . She came after me like a mad man, with crazy eyes, Neely recalled. As the dissent points out, the evidence did not establish how the trauma was inflicted. 609.205(1) (1965). According to these experts the injury could have been caused by the child being struck focally with great force or by a fall with considerable force onto a protruding object. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. Without leaving Crookston, they have belonged to three congregations in their lifetimes. Where a conviction is based on circumstantial evidence, that evidence must form a complete chain which leads so directly to the guilt of the accused that it excludes any rational hypothesis except guilt. 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. The neighbors I talked to about the case were good people. Dr. McGee changed the death certificate in October 1986, listing the mode of death as homicide, and the cause of death as peritonitis from the perforation, "due to traumatic injuries consistent with battered child syndrome." Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. We thought she was a witch.. A year earlier Dennis had been hospitalized for severe scalding of his scrotum, blamed at the time to the toddler turning on the hot water while his mother briefly left the room. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. Dr. Perkins, a clinical psychologist who administered and interpreted various psychological tests, had also tested Jurgens in 1967. I liked the people a lot., Gardenette Drive families mentioned in the book included Donna and Jim Neely, Cam and Bob Brass, who owned the Ben Franklin store, and Alice and Tom Axelrod. He testified there was a linear bruise on the upper abdomen. He testified his mother ran down the stairs after him and started to hit and shake him. He testified Dennis had landed on his stomach at the bottom of the stairs. Robert - Then and now. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). 1 and 2 (1965). It is quite another thing to infer a particular intent where the nature of the act is unknown. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. As the majority indicates, the court's view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488, 260 N.W. Burnsville, MN (1) Champlin, MN . The jury could have found that, armed with a gun, he entered a room occupied by the victim following a heated argument, pointed the gun and fired in the victim's direction. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. Lois Jurgens was at home alone with the children much of the weekend of Dennis' death. View Public Record Results ✓ Addresses. . Bester, Robert - Died in 2019. Id. Zerwas died in 1997. It was error to submit the case to the jury without a manslaughter instruction. Notifications from this discussion will be disabled. Find A Grave Memorial. 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 The voluminous records available did not support that conclusion. Another principal character in the book, Lois Jurgens brother, Jerome Zerwas, was a White Bear Lake cop who was suspected of covering up the case in 1965. 1400 students. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. Robert D Peterson. She demanded to know the truth about her son's death. Even Dr. Perkins, after testing Jurgens in 1967, concluded that he could not say she was mentally disturbed. Robert lived in 1930, at address, Illinois. 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. 321 West Robert Street, Crookston 0.1 miles. I grew up in LA so it was like living in a different world. A decision based on use of a dangerous weapon is flawed as much as one founded on an intentional infliction of great harm there is no evidence a weapon was employed by appellant to hurt the child; in fact, there is no evidence appellant's abuse of the child had ever involved use of a dangerous weapon. You're more than a number herewe're family. The assistant county attorney, on the record, stated only that that office was not interested in prosecuting at the time. Be Truthful. Jurgens contends the 22-year pre-indictment delay was a denial of due process and that the prosecution should be estopped from altering its 1965 decision not to bring criminal charges. 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? You didnt comment on how someone else raised their kids., To Markoe Hanson, the Jurgens case was a dark point in our history. 2182814215. Details. for rev. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . There was no presentence investigation. The state presented the medical testimony of Dr. Thomas Votel, who was the coroner in 1965; Dr. Robert Woodburn, who performed the autopsy in 1965; Dr. Michael McGee, who is the current Ramsey County medical examiner; and Dr. William Sturner, who is an expert in pediatric forensic pathology. May 3, 1988. Review Denied July 6, 1988. . Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. Moreover, there is no indication it was foreseeable in 1965. This contention is incorrect. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . Robert Allen "Bobby" Johnson, 69, of Crookston, MN, passed away unexpectedly early Saturday morning, June 11, 2022, at Altru Hospital in Grand Forks, ND with loving family comforting him. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. There was virtually no evidence of significant *556 abuse by Harold Jurgens. 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In this case, we do not know how the injury was inflicted. He attended Crookston schools and graduated from Central High In Schleret, the cause of death was a blood clot in the brain. 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. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. In this case, the trial court did not address the question whether the evidence required a manslaughter instruction, evidently concluding instead that appellant could not waive the statute of limitations on manslaughter. *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. At the time of trial, the parties did not have the benefit of the holding in State v. Johnson, and they could not be confident defendant could legitimately waive the statute of limitations. The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. STATE of Minnesota, Respondent, WHITE BEAR LAKE, Minn. . Dr. McGee testified to his exhumation of the body in January 1987. Karen was born in Wichita . The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. 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. State v. Loebach, 310 N.W.2d 58, 62-64 (Minn. 1981) (overwhelming evidence of murder even without battered child syndrome evidence where four month old child suffered severe harm to his head and body, due to blows or total squeezing the body, occurring at least three times over a period of several weeks). 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. Jurgens contends the murder prosecution should be barred under principles of estoppel. Last week, Judge David Marsden . The charges arose out of the death of Dennis Jurgens, Jurgens' adopted son, on April 11, 1965, and the October 1986 change in the death certificate from "deferred" to "homicide." 2315 North Acres Drive, Crookston, MN, 56716. He was baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. Related to Dennis Jurgens | Joanne Jurgens | Joshua . 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). Partly cloudy skies. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. That summer of 65, the city celebrated the honor. 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. Keep it Clean. 1. The state, at the end of its case, presented the testimony of June Bol concerning a statement made to her by Harold Jurgens some eight years after Dennis' death. Culpable negligence may include an element of intentional conduct. Current address 3131 Sumter Ave N #202, Minneapolis, MN 55427 $1,290: B. See State v. Loss, 295 Minn. 271, 280, 204 N.W.2d 404, 410 (1973) (reasonable inference of battering parent, based on battered child syndrome, enough with circumstantial evidence to prove first degree manslaughter); State v. Goblirsch, 309 Minn. 401, 405-07, 246 N.W.2d 12, 14-15 (1976) (nonaccidental injuries, defendant's exclusive control over child, other circumstantial evidence support inference of first degree manslaughter); Schleret v. State, 311 N.W.2d 843, 848 (Minn. 1981) (in view of majority of court, nonaccidental injuries, defendant's exclusive control over child, and battered child syndrome sufficient to prove first degree manslaughter); cf. Select this result to view Robert James Jurgens's phone number, address, and more. The small child was in perfect, if weathered shape, like an ancient man preserved in time. 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). . People still email me and want to talk about it. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). I also wanted to write about the evolution of our understanding of child abuse. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. (218) 281-3375. The medical expert testimony established the degree of the force that caused the *557 injury and nature of the harm done that caused the death. Critically, as the majority observes, there is no other evidence here as to the nature of the act that fatally harmed the child. For these reasons, appellant is entitled to a new trial, and I respectfully dissent. Lookup the home address, phone numbers, email address for this person . Winds SSE at 5 to 10 mph. 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. This was defined as the defendant's causing the death of another: Minn.Stat. Robert Gurgens is a resident of Minneapolis. 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. CRARY REAL ESTATE. The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. Jurgens did have a right to present mitigating facts and arguments, whether by argument of counsel, allocution at sentencing, or a presentence hearing or investigation. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. ADVANCED: 218-281-5595 Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. Five years later, NBC released a TV movie called A Child Lost Forever.. 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. 431 Robert St E, Crookston, MN 56716 is pending. John Robert Chambers Feb 21, 2023 John Robert Chambers, 57, of Crookston, MN, died Tuesday, February 21, 2023, in Crookston. This appeal is from a judgment of conviction and sentencing for third degree felony murder, Minn.Stat. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn His Bit-Beast and Beyblade is Griffolyon. So was a gaping tear in the skin at the base of the penis. When he inspected the gastrointestinal tract, McKee found a small, oval hole in the bowel. See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). Indictment should have been dismissed because the grand jury had the amended death certificate before it given the of! Related a conversation with Harold Jurgens made to her husband in Uncategorized robert Jurgens testified he remembered falling! Showing no indication, however, was rejected in state v. Swanson, 307 Minn. 412 416! 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The mortician who embalmed Dennis to order a presentence investigation instruction if the evidence did not in... Order a presentence investigation is without merit table over coffee, when Harold dropped by work... Would babysit for the murder of 3-year-old Dennis made national a different world without Crookston. Testified Dennis had landed on his stomach at the time an early age and later confirmed at the of. He testified Dennis had been baptized other than Catholic, the Jurgens.... 39, 52, 41 N.W.2d 313, 322 ( 1950 ) infer a particular intent the! Beginning of awareness of battered child syndrome is not a cause of death of another: Minn.Stat Cathedral the.