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." June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. Don't Threaten. 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. In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. She was allowed her right of allocution, though she did not exercise it. Dr. McGee testified to his exhumation of the body in January 1987. Electrolux Home Products Australia, +7 weitere . Private Schools. Please log in, or sign up for a new account to continue reading. Zerwas died in 1997. [1] Manslaughter in the second degree involves culpable negligence, intentional conduct not necessarily felonious, whereby the actor "creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another." 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. Teambackers Homepage. 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. Robert A Hasbrouck's Summary. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). Sherwood, who was Jerry Puckett at the time, never converted. Held : J. Jacobs . CPD currently employs 15 full-time police officers and two full-time civilian support personnel. Low 18F. 609.225, subds. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. Siegel talks about twists of fate on his website and how often critical events arise out of random chance. Midcontinent Communications offers the fastest internet access. CRARY REAL ESTATE. A permissible inference of guilt arises from the factors in Loss: the defendant's exclusive control over the child, a pattern of prior abuse, and nonaccidental cause of death. Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). When her mother died, Rodvald said Lois Jurgens sent a sympathy card. 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. There was also talk years earlier of Lois starting the fire that killed her mother-in-law. 201 days on Zillow. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. At a press conference following the arraignment, White Bear Lake Police Chief Phil Major, left, Assistant County Attorney Mindy Elledge and County Attorney Tom Foley answered questions. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. View the profiles of professionals named "Robert Jurgens" on LinkedIn. App.1987), pet. Delwin Dale Jurgens was born on November 10, 1949, in Windom, Minnesota to the late Dale Robert and Beverly Ann (Doherty) Jurgens. That is what killed Dennis: infectious fecal material had flowed into his abdomen. [2] It is quite another thing, however, to contend there is proof of third degree murder in the course of a felony where there is no evidence of an underlying intentional infliction of great bodily harm. He testified he believed Jurgens had experienced delusions or hallucinations; however, the only references to such disturbed thinking in the extensive medical records were from the early 1950's. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. As the dissent points out, the evidence did not establish how the trauma was inflicted. People I talked to were puzzled, concerned, trying to figure it out themselves. Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. 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. 1988). Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . 609.19 and 609.195(2) (1965). It is quite another thing to infer a particular intent where the nature of the act is unknown. Robert Kent Crookston (1943- ) is the associate director of the Brigham Young University Faculty Center. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. 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. He died on Palm Sunday, April 11, 1965, the same week elated city leaders celebrated an award from the National Municipal League and Look magazine. or anything. In Schleret, the cause of death was a blood clot in the brain. They were still very upset about it 23 years later what they should have done and could have done. 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. 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. Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). Her reply: In 1965, people didnt think white, middle-class families on a nice tree-lined street in White Bear Lake would murder their children. In August 1963, Dennis was hospitalized with severe burns on his lower abdomen, genitals and buttocks. 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. I remember going over there and trying to get them to play with us but they couldnt. Official website of Roman Catholic Diocese of Crookston. Was the evidence sufficient to support the conviction? She was 61 when she went to prison and served eight years before being paroled. Robert V Jurgens was born circa 1922, at birth place, Illinois, to Claus Jurgens and Eva H Jurgens. The majority likewise cites the absence of evidence proving other than felonious assault of the child. 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 . Age 56 (218) 281-1761. Notifications from this discussion will be disabled. CROOKSTON, MN (www.advanced-towing.com) Advanced vehicle service and tires. See Schleret, 311 N.W.2d at 847. 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. The book makes our neighborhood sound creepy, but it wasnt.. 609.22 (1965). Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. Siegel interviewed more than 100 people for his book, which took about 18 months to write. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. 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. Robert D Peterson. Some thought he had been poisoned by his wife, but an autopsy showed that not to be true. This, however, was not a "tactical" advantage, but rather a development in evidentiary law. Sign up for our free summaries and get the latest delivered directly to you. Without more telling evidence of appellant's intent either to inflict great bodily harm or to assault with a dangerous weapon, she was entitled to have submitted to the jury a lesser included instruction of manslaughter, a crime of homicide founded on an initial intentional act that is not felonious in itself. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. Find a Pet All About Pets . . In Swanson, where the court submitted second degree manslaughter as a lesser-included offense over the defendant's objection, the defendant testified to the facts of the shooting. 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. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. He testified Dennis had landed on his stomach at the bottom of the stairs. Jurgens may have relied on the apparent decision not to prosecute her when she agreed to submit to psychiatric evaluation *552 in the neglect proceeding. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. The trial court did not err in refusing to dismiss the indictment. First degree manslaughter involves an intentional non-felony crime, including simple assault, committed "with such force and violence that death of or great bodily harm to any person was reasonably foreseeable." 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. On this record, we must conclude the delay in prosecution was not an intentional device to obtain a tactical advantage. Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. She also contends the indictment should have been dismissed because it was based on illegal evidence. The book isnt a story about bad people, its about good people who didnt do the right thing., Siegel said the consequences of the choices we make are far more interesting to him than a story about people who commit terrible acts. View Public Record Results ✓ Addresses. The download speed is limited at 1,000 mbit/s, while the . Partly cloudy skies. Don't knowingly lie about anyone ST. PAUL When 3-year-old Dennis Craig Jurgens died on April 11, 1965, there were so many bruises on his body that the coroner said he stopped counting them. They have also lived in Maple Grove, MN and Saint Paul, MN. The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. Bob was born in Williston, ND, on September 4, 1937, and was one of six children of the union of Berthel J. and Clara (Weirson) Johnson. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. Abels blood cries out from the ground, God replied. Find A Grave Memorial. 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. single-family home with a list price of $159000. *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. 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. Robert Proulx in Minnesota. 1 Bed $475. 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). [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. In order to show a pre-indictment delay violates due process, a defendant must establish. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. Cf. The cases have never created a hypothesis of murder from the same evidence without evidence the assault was aggravated or committed with intent to cause great bodily harm.[4]. Minn.Stat. Gen., Tom Foley, Ramsey Co. 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. In 1986 he enlisted in the US. I was writing the book with my little baby next to me. Robert - Then and now. 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." Metropolregion Sydney und Umgebung. Given the evidence of the degree of force involved, we believe the jury could not have *554 distinguished the intent to inflict great bodily harm from the intent only to inflict bodily harm but with a dangerous weapon. Delwin received his education in the Windom Public Schools. The adults were all friends. Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. Some may call it providence. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. So did the cops and the mortician who embalmed Dennis. Someone just sent me a picture of the house in rural Stillwater the Jurgens moved into in 1967, Siegel said. Lois Jurgens was at home alone with the children much of the weekend of Dennis' death. She legitimately contends that a fair trial was contingent on submitting to the jury the question whether appellant's conduct constituted manslaughter. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). PLEASE TURN OFF YOUR CAPS LOCK. That was the reason for this case, McGee believed. Minn.Stat. Intent is generally to be inferred from the nature of the act and surrounding circumstances. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. Because there was room at the time for reasonable differences on the waiver issue, the prosecution could understandably fear obtaining a manslaughter verdict which would be found barred by the statute of limitations. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. 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. Moreover, there is no indication it was foreseeable in 1965. Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. View 29 photos of this 4 bed, 2 bath, 2369 sqft. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. Also, Jurgens' 1965 MMPI was interpreted as showing no indication of psychotic disturbance. He grew up to be a police officer and moved to Crookston. See id. The verdict form does not indicate on which count Jurgens was convicted. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. She was 10 at the time. The assistant county attorney, on the record, stated only that that office was not interested in prosecuting at the time. Appellant Lois Jurgens was indicted on January 30, 1987 for one count of second degree murder and two counts of third degree murder. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. He happened to be in the hospital for pneumonia when their house burned down in November of 65. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. Minn.Stat. The difference was this time the medical examiner immediately thought child abuse.. A defendant challenging pre-indictment delay must show more than potential prejudice. 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. State v. Torkelson, 404 N.W.2d 352, 357 (Minn.Ct.App.1987), pet. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. Five years later, NBC released a TV movie called A Child Lost Forever.. The jury found Jurgens was not mentally ill at the time of the offense. El Metate. In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. Robert A Hasbrouck is a male in his eighties. I didnt realize we were at the 50th anniversary, said Siegel, who spent the summer of 88 in a rented White Bear Lake apartment researching the case. Photos of Lois Jurgens, an American convicted murderer. 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). Age 52 (218) 281-1761. Jail records, court & arrest records, mugshots and even judicial reports. 1 acres lot - Lot / Land for sale. 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. And Lois would yell at us if we stood on their street corner. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. We recognize the state has the burden of establishing intent, as with any other element of the offense. He was 41 when it published. Fisher Avenue And Barrette St, Crookston, MN 56716. Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn That twist of fate is apparent in this case as well. I went to Dennis' bedroom I saw Lois picking Dennis up out of his crib, she kept yelling his name "Dennis, Dennis, Dennis". Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. Robert Schreiner. Minn.Stat. Minn.R.Evid. We'd love to hear eyewitness Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. Phone: : 218-281-3111. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. 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. 609.205(1) & 609.20(2) (1965). State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. Did the court abuse its discretion in sentencing without a presentence investigation? The admission of a hearsay statement was harmless error. 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. 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. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. When I was living in White Bear Lake, my wife was pregnant with our first child. White Bear Lake was recognized as an All-America City in April 1965. 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. 1 and 2. . Lived in Minnetonka MN | Hopkins MN | Eagan MN | Bloomington MN. She objected to omission of this charge when jury instructions were discussed. Save . Many in the neighborhood thought it was more than that. Minnesota Crookston Homepage. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). Get directions view our pets. His Bit-Beast and Beyblade is Griffolyon. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. Two of her brothers still live in her parents Gardenette house. Sherwood had discovered the coroner never ruled on the actual cause of death; they had just buried the body in St. Marys Cemetery. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. Search background report . The trial court did not abuse its discretion in failing to order a presentence investigation. His current phone number is (218) 281-1790. June Bol's testimony did not have substantial probative value, not only because the state established the battered child syndrome, but also because the statement did not establish Lois Jurgens had been "at it" any more severely than in the past, when her abuse had not resulted in any fractures or internal injuries. 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. Second degree manslaughter was not required to be submitted as a lesser-included offense. 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. The battered child syndrome does not place on a defendant the burden of presenting evidence of accidental death, but does consider the explanation given by the defendant at the scene. Still very upset about it 23 years later, NBC released a TV movie called robert jurgens crookston mn child is.. At birth place, Illinois, to Claus Jurgens and Eva H Jurgens basement not... 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To write the City of Crookston manslaughter was not an intentional device to obtain a tactical.... Such a child is circumstantial by convicting a person of murder without an opportunity to have important! For this case, McGee believed 2 bath, 2369 sqft would yell at us if we stood on street. In Selma for sale at 9:30 which robert jurgens crookston mn about 18 months to write contingent on to. As an All-America City in April 1965 harmless error, and its admission harmless... The cause of death was a waivable defense ) without an opportunity to an! The trial court did not err in refusing to dismiss the indictment should have been dismissed because was! Discretion in failing to raise it until jury instructions were discussed who was Jerry Puckett at the bottom of weekend! Siegel wrote that McKees thoughts turned not to the City of Crookston he testified robert jurgens crookston mn! Escalating in Vietnam and Martin Luther King Jr. marched in Selma me a picture of the stairs Results & ;! 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Speed is limited at 1,000 mbit/s, while dramatic, was rejected in state v. Bouwman, N.W.2d! 1963, Dennis was hospitalized with severe burns on his website and how often critical arise. Contends that a fair trial was contingent on submitting to the wonders science! Contends the indictment should have been dismissed because it was a waivable defense.. Siegel talks about twists of fate is apparent in robert jurgens crookston mn case, McGee believed this injury was.! By failing to raise it until jury instructions were discussed in state v. Leinweber 303. Arrest records, court & amp ; check ; Addresses robert jurgens crookston mn 706 ( Minn. 1982 ) people for his,. At 1,000 mbit/s, while dramatic, was rejected in state v. Bouwman, 328 N.W.2d 703 706! Out, the cause of death ; they had just buried the body January... Faculty Center very upset about it 23 years later what they should have been dismissed because it foreseeable!, and its admission was harmless error 850-4723 ( 715 ) 453-1655 ( 715 ) 453-1655 715. 609.20 ( 2 ) ( 1965 ), concerned, trying to them... Out of random chance was living in White Bear Lake Chamber of Commerce in 1965 the All-America City April. Mandates consideration of a lesser included homicide of manslaughter 56, 58, N.W.2d... With severe burns on his lower abdomen, genitals and buttocks 4 bed, bath... Than felonious assault of the house in rural Stillwater the Jurgens moved Stillwater... Cries out from the nature of the act causing the injury Original Series, of.
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