Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. 2315 North Acres Drive, Crookston, MN, 56716. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. Appellant does not seriously question that the state has convincingly proven her criminal conduct associated with the death of her son 23 years ago. 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. Photos of Lois Jurgens, an American convicted murderer. Recruits. 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). Find A Grave Memorial. Times Staff Writer. R Jurgens. Threats of harming another The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. 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. Linda L Peterson. single-family home with a list price of $159000. Did appellant cause the fall by striking, throwing, tripping or pushing the child? According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. 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? Minn. Stat. In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. 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. See Stoner v. Graddick, 751 F.2d 1535, 1544 (11th Cir. art. Find Joshua Jurgens in Saint Paul, MN - phone, address, email. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. 609.22 (1965). Find your niche on-campus or online. 321 West Robert Street, Crookston 0.1 miles. See Minn. Stat. View 301 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Get directions view our pets. She doesnt remember much about the case, except it sounded fishy at the time. Moreover, June Bol admitted having difficulties with Lois Jurgens in the intervening years, making it possible she had some motive to fabricate the story at trial. The state has conceded at oral argument that June Bol's testimony was critical to its case. Dr. McGee conceded that battered child syndrome is not a cause of death, but testified the syndrome helps support a finding of homicide. He was the Jurgens' second adopted child, and was first placed in the Jurgens home for adoption in December 1962, when he was 14 months old. Bester, Robert - Died in 2019. Get an email notification whenever someone contributes to the discussion. Private Schools. See, e.g., United States v. Wild, 551 F.2d 418, 422 (D.C.Cir.1977), cert. 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. A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. We played kick the can and tag. Marker Address Rent ? 609.205(1) (1965). *547 Hubert H. Humphrey, III, Atty. In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. Did the trial court err in refusing to dismiss the indictment? The trial court is required to submit a manslaughter instruction if the evidence. Jurgens does not claim significant prejudice in defending the homicide charge itself. They are open every day of the week. He was 41 when it published. 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. Official website of Roman Catholic Diocese of Crookston. 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."). We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. 5. 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. 2010 Robert Blanchette. 531 days on Zillow. Evidence great bodily harm was suffered is not evidence of intent to cause the same. Jurgens herself told White Bear Lake police her husband had been in northern Wisconsin and she called him on Saturday to tell him Dennis was sick. 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 . 3. 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. You're all set! Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. Sherwood had discovered the coroner never ruled on the actual cause of death; they had just buried the body in St. Marys Cemetery. Lois Germaine JURGENS, Appellant. 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. Private Schools. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). accounts, the history behind an article. 875 (1935) (discussing whether defendant had waived the statute of limitations). STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. 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. As a Doximity member you'll join over two million verified healthcare professionals in a private, secure network. That is what killed Dennis: infectious fecal material had flowed into his abdomen. The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. 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). There was virtually no evidence of significant *556 abuse by Harold Jurgens. 121 W Robert St Crookston, MN, 56716. Abels blood cries out from the ground, God replied. 609.225, subds. Also, Jurgens' 1965 MMPI was interpreted as showing no indication of psychotic disturbance. 1400 students. Minn.Stat. Dr. McGee testified to his exhumation of the body in January 1987. Thus, we do not know whether the jury found an underlying felony assault (1) with intent to inflict great bodily harm or (2) without that intent but with a dangerous weapon. That twist of fate is apparent in this case as well. I remember going over there and trying to get them to play with us but they couldnt. 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. His adoptive mother, 39 at the time, said he fell down the basement stairs. No. . 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 statute in 1965 did not mandate a presentence investigation. Held : J. Jacobs . . Supreme Court of Minnesota. Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. Robert had 2 siblings: Melvin A Jurgens and one other sibling. Robert V Jurgens in 1930 United States Federal Census. See State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981). She had also received *549 harassing telephone calls which she thought were from Jurgens. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. He testified, from 1987 photographs of the Jurgens home, that it was not possible Dennis' internal injuries were caused by a fall down the basement stairs or onto the basement floor. person will not be tolerated. She demanded to know the truth about her son's death. Appellant had not previously inflicted felonious blows on the child. Robert Gurgens is a resident of Minneapolis. 1988). Many in the neighborhood thought it was more than that. 609.205(1) & 609.20(2) (1965). The bruises were still visible on the now leathery brown skin. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. See Schleret, 311 N.W.2d at 847. Post Office. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. 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. It was error to submit the case to the jury without a manslaughter instruction. The book makes our neighborhood sound creepy, but it wasnt.. Harold told relatives he was going to be out of town the weekend of April 10 and 11, 1965. Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. The best result we found for your search is Robert James Jurgens age 40s in Minneapolis, MN. 2d 844 (1973) (emphasis in original). Related to Dennis Jurgens | Joanne Jurgens | Joshua . If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. Give to Golden Eagle Athletics. Siegel talks about twists of fate on his website and how often critical events arise out of random chance. Lawrence Robert Jurgens; Patricia Lynn Jurgens; Robert Andrew Jurgens; Theresa M Jurgens; CTA TEXT. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. Robert Proulx in Minnesota. 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. 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. Search background report . 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." Later, she testified, Jurgens had sent her dirty socks and a lead pipe when she had asked for the adopted children's clothes. Minn.Stat. Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. Minnesota Crookston Homepage. Minn.R.Evid. Details. State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). Fax: : 218-281-1410 . Dennis Jurgens was three-and-one-half years old at the time of his death. She also contends the indictment should have been dismissed because it was based on illegal evidence. HUD for a two-bed apartment in Polk County. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. December 6 1961 - April 11 1965. The child was extensively bruised, had a skull fracture, had received two recent injuries, and, according to medical testimony, could not have been fatally injured in the manner described by the stepmother. In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. Atty., St. Paul, for respondent. My dad said people minded their own business. Robert D Peterson. His nose was blood red and peeling and there were fingernail marks behind his ears. 321 West Robert Street, Crookston 0.1 miles. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). State ex rel. Robert A Hasbrouck's Summary. Medical examiner Michael McKee noticed other features, as well. 117 W Robert St, Crookston, MN 56716. OXFORD REALTY, LLC. Plus, 24 hour towing and recovery for all sized rigs. State v. Norgaard, 272 Minn. 48, 52, 136 N.W.2d 628, 632 (1965). . 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. Minn.R.Evid. The admission of a hearsay statement was harmless error. 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. 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. This, however, is speculative. C3-87-1165. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. 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]. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. Recent photos, introduced to show the basement areas of the Jurgens house, were marked to show subsequent construction. 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. Regardless of the outcome of the statute of limitations issue, however, we conclude the trial court did not err in failing to submit second degree manslaughter as such a charge was not supported by the evidence. Joel Jurgens with Forest Pathology at the University of Minnesota : B. Arenz : R. Blanchette : T. Burnes : B. Metropolregion Sydney und Umgebung. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. Nationwide Inmate Records Online Check . While the extent of the injury may not always establish the defendant's intent, evidence of the force of the trauma inflicted here left no reasonable basis for the jury to find culpable negligence. 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). 201 days on Zillow. Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. Culpable negligence may include an element of intentional conduct. McGee thought about the book of Genesis. Dr. McGee estimated the time of death as 6 to 8 hours before the autopsy was performed at 2:00 p.m. McGee testified it was more probable the trauma was to Dennis' stomach, rather than his back, although McGee acknowledged the trauma could have been to Dennis' back. His birthdate is September 15, 1941, making him 81. However, we are not bound by this concession to ignore the plain state of the evidence. The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. In State v. Ortlepp, 363 N.W.2d 39, 44 (Minn.1985), the court ruled the prior statement of an available witness admissible within the catchall exception where the witness admitted the statement and it was consistent with the other evidence produced by the state. View Public Record Results ✓ Addresses. They have also lived in Maple Grove, MN and Saint Paul, MN. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Saint Paul, MN. 4. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. 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. . The mortician who readied Dennis for burial was Jim Honsa, an active Lion and community booster who worked at the time for Lake Mortuary. So its hard to forget.. The cases cited by the state do not support the admission of the Bol testimony. (218) 281-5488. 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. People magazine did a story in March 1987 and in 1988, Diane Sawyer did a piece on 60 Minutes called No One Saved Dennis. Siegel also wrote a lengthy two-part piece for the LA Times that became a precursor for his book. Dennis Craig Jurgens (December 6, 1961 April 11, 1965) was the only fatal victim of prolific child abuser Lois Jurgens, who abused a total of six adopted children during the time from 1950 to 1970. See Loss, 295 Minn. at 281-82, 204 N.W.2d at 410 (defendant's exclusive control, prior abuse, medical testimony that death was not accidental, and battered child syndrome are sufficient to exclude rational hypothesis of innocence). Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. Sherwood, who was Jerry Puckett at the time, never converted. Jurgens was granted her right of allocution. Winds light and variable.. Keep it Clean. Intent is generally to be inferred from the nature of the act and surrounding circumstances. Hours. ADVANCED: 218-281-5595 Sep 2014 - Nov 20206 years 3 months. She legitimately contends that a fair trial was contingent on submitting to the jury the question whether appellant's conduct constituted manslaughter. Although a number of these cases are prosecutions for first degree manslaughter, see Schleret v. State, 311 N.W.2d 843 (Minn. 1981), State v. Goblirsch, 309 Minn. 401, 246 N.W.2d 12 (Minn. 1976), and Loss, we find no indication battered child syndrome cannot be used to help establish felonious intent. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. . Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. Our Saviors Lutheran Day School Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. The majority likewise cites the absence of evidence proving other than felonious assault of the child. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). Crookston Post Office 202 South Broadway, Crookston 0.2 miles. 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. 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. WHITE BEAR LAKE, Minn. . 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. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. 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." v. Lived in Minnetonka MN | Hopkins MN | Eagan MN | Bloomington MN. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. 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. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. This site is protected by reCAPTCHA and the Google. Low 18F. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. A fight erupted between defendant and Nelson. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. 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 Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. STATE of Minnesota, Respondent, It may be difficult for a defendant to show, after 22 years, that prosecutorial delay had a particular motive. People I talked to were puzzled, concerned, trying to figure it out themselves. Select this result to view Robert James Jurgens's phone number, address, and more. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). 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. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. 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. 6 Photos. We assume that Sam Arnold and Yong Ban were among 27 dwellers or residents at this place. 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