Rev. 115 years of Maroon and Gold tradition. 1. Appellant is nevertheless entitled to a fair trial. The predicate felony charged against Jurgens was aggravated assault, requiring that she intentionally inflicted great bodily harm or assaulted Dennis with a dangerous weapon. His body was also emaciated, it was noted, like he had been starved. 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. We affirm. 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. (218) 281-5488. 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. or anything. Minn. Stat. 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. . Find A Grave Memorial. Cf. I can picture the boys still, Rodvald said. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. Thats the bottom line., The murder conviction received local and national attention. 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. Turkey sandwiches sold for 15 cents and cartons of milk for a nickel, Siegel wrote. View Public Record Results ✓ Addresses. 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]. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. Crookston, MN 56716 lawoffice@nwmnlaw.com (218) 281-4168. info@scruffytails.org (218) 281-7225. view our pets. We assume that Sam Arnold and Yong Ban were among 27 dwellers or residents at this place. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. United States v. Marion, 404 U.S. 307, 324, 92 S. Ct. 455, 465, 30 L. Ed. She had also received *549 harassing telephone calls which she thought were from Jurgens. He grew up in Columbus and was a graduate of Ft. Knox High School there. Robert Kent Crookston (1943- ) is the associate director of the Brigham Young University Faculty Center. Robert A Hasbrouck is a male in his eighties. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. [4] Unexplainably, the trial court permitted the jury to find third degree murder without finding which of two third degree murder counts was proven. 1.72 acres lot - Lot / Land for sale. Many in the neighborhood thought it was more than that. Minn.R.Evid. . Crookston Post Office 202 South Broadway, Crookston 0.2 miles. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. I wasnt as interested in Lois and why Harold didnt step in. 6 Photos. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. Harold told relatives he was going to be out of town the weekend of April 10 and 11, 1965. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. racist or sexually-oriented language. 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. 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. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. He left the force on permanent disability in 1975 and moved to Elk River, claiming to the end he did not interfere despite testimony to the contrary. 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. Winds light and variable.. "I remember waking up hearing loud screams. What drew me most to this story was the window into a community and the choices good people make. 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. Appellant Lois Jurgens was indicted on January 30, 1987 for one count of second degree murder and two counts of third degree murder. The jury was instructed hands or feet could be "dangerous weapons." Critically, as the majority observes, there is no other evidence here as to the nature of the act that fatally harmed the child. 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. The state presented the expert testimony of Dr. Erickson, the court-appointed psychiatrist, who testified that, in his opinion, Jurgens was not psychotic in April 1965. Robert A Hasbrouck currently lives at 615 N Broadway, Crookston, MN 56716-1450. View the profiles of professionals named "Robert Jurgens" on LinkedIn. . 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 . We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. 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. 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. 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. Virgil Robert Love Jr, 68, of Crookston, MN, passed away unexpectedly of natural causes Monday morning, March 7, 2022, at RiverView Health in Crookston. Some may call it providence. 609.195(2) (1965). Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. 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. Paul T. Jurgens, Christina L. Aquilante . Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. 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. Surrounded by the farmlands of northwestern Minnesota, Crookston is a small and secluded city positioned about 25 miles east of Grand Forks. In order to show a pre-indictment delay violates due process, a defendant must establish. It was tough to write about the death of a little boy. 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. Partly cloudy skies. . Golden Eagles on Instagram. April 11 marked the 50th anniversary of his tragic death. The majority likewise cites the absence of evidence proving other than felonious assault of the child. She demanded to know the truth about her son's death. 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. The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. His nose was blood red and peeling and there were fingernail marks behind his ears. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. 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). This was defined as the defendant's causing the death of another: Minn.Stat. C3-92-2279. CRARY REAL ESTATE. 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. Robert V Jurgens in 1930 United States Federal Census. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. Dr. Jurgens is on Doximity. She said Harold was up with him most of the night. I remember going over there and trying to get them to play with us but they couldnt. Even if Dennis was thrown rather than struck, the height from which he would have to have been thrown or the force involved would be sufficient to establish felonious intent. Please avoid obscene, vulgar, lewd, (507) 351-5738 (Aerial Communications) is used to contact Kelly. It heightened my feelings, although they were already strong, Siegel replied. 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. In final argument, Jurgens contended the state had not proved guilt beyond a reasonable doubt. 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. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. 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. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. Witnesses testified to incidents of forced feeding, Jurgens' pulling Dennis' ears and lifting him up by the ears, striking him with her hand, tying him to the toilet until he had a bowel movement, and tying him to his crib. Minn.Stat. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. I was shocked, she said. 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. Photos of Lois Jurgens, an American convicted murderer. Robert A Hasbrouck's Summary. He happened to be in the hospital for pneumonia when their house burned down in November of 65. . Details. Kelly Jurgens Crookston, MN. White Bear Lake was recognized as an All-America City in April 1965. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. Minn.R.Evid. The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . 1400 students. The cases cited by the state do not support the admission of the Bol testimony. 609.195(2) (1965). I cant believe it was 50 years ago already. This site is protected by reCAPTCHA and the Google. The voluminous records available did not support that conclusion. Court of Appeals of Minnesota. Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. I also wanted to write about the evolution of our understanding of child abuse. Monday - Friday 8:30 a.m. - 5 p.m. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. 321 West Robert Street, Crookston 0.1 miles. Contact. Robert Proulx in Minnesota. Electrolux Home Products Australia, +7 weitere . Cloud Times page for free from Wednesday, September 2, 1987 ud. Please log in, or sign up for a new account and purchase a subscription to continue reading. Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. 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 Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. The city manager was Ed Bayuk. You can explore additional available newsletters here. 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). 2d 468 (1971); see also State v. Hanson, 285 N.W.2d 487 (Minn.1979). [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. 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). Second degree manslaughter was not required to be submitted as a lesser-included offense. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. Moreover, the confusing verdict also leaves open the possibility that the jury speculated on a dangerous weapon and specifically found the absence of an intent to inflict great harm, a finding that emphatically supports consideration of a manslaughter offense. John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. 201 days on Zillow. Attorneys licensed in Minnesota and North Dakota. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. v. 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. Jurgens requested the submission of second degree manslaughter as a lesser-included offense. 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. Dennis and Robert Jurgens, 1965. He grew up to be a police officer and moved to Crookston. White Bear Lake was recognized as an All-America City in April 1965. Another neighbor, Kathy (Bucholz) Rodvald, remembers seeing the hearse parked in the Jurgens driveway that Palm Sunday. Or so the story goes. Medical examiner Michael McKee noticed other features, as well. 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). So its hard to forget.. Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. However, we are not bound by this concession to ignore the plain state of the evidence. 1 and 2 (1965). Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. See Minn.Stat. Karen Kay Raymond Karen Kay Raymond, 66, of Crookston passed away late Friday morning, January 13, 2023, in Sanford Medical Center, Fargo, N.D., with family at her side. There was no presentence investigation. In 1986 he enlisted in the US. December 6 1961 - April 11 1965. 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. 609.225, subds. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. 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. Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . There is no indication, however, that she incriminated herself in that examination. Twedts older brother Tom Neely offered one vivid recollection. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. 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. Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. 1985) (19-year delay in prosecution was extraordinary, but did not compel a presumption of prejudice). 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. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). Did the court abuse its discretion in sentencing without a presentence investigation? 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. Official website of Roman Catholic Diocese of Crookston. Robert passed away on June 26 2002, at age 80. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. It was definitely seen as a cover up after the fact.. Threats of harming another The jury found Jurgens was not mentally ill at the time of the offense. Our neighborhood was fantastic, she said. The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. See id. 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. C3-87-1165. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. 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 doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). 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. On October 19, 1968, Delwin was united in marriage to Judith Ann Eidem at the St. Francis Xavier Cath Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. The admission of a hearsay statement was harmless error. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. Hours. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. Also that January, Lois sister (she came from a family of 16 children born to Lois and John Zerwas Sr.) Barbara died of a brain tumor. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. at 846-47. No ACT/SAT Needed for Admission. People I talked to were puzzled, concerned, trying to figure it out themselves. Was the evidence sufficient to support the conviction? A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. Supreme Court of Minnesota. When I was living in White Bear Lake, my wife was pregnant with our first child. 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. Close this dialog. 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. LOT 10 Destiny Dr, Crookston, MN 56716. The state has conceded at oral argument that June Bol's testimony was critical to its case. A defendant challenging pre-indictment delay must show more than potential prejudice. Be Proactive. State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). There was virtually no evidence of significant *556 abuse by Harold Jurgens. 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. The judge stated the threat of criminal prosecution was past. As the dissent points out, the evidence did not establish how the trauma was inflicted. Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. 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: See State v. Swanson, 307 Minn. 412, 240 N.W.2d 822, 825 (1976) (pointing a gun at another and firing, where death was not intended). Our Saviors Lutheran Day School It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. As a child he moved with his family to. They are open every day of the week. And for a week in mid-July, a TV station showcased White Bear Lake. 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. Winds SSE at 5 to 10 mph. 117 W Robert St, Crookston . There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. 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. Did the court err in admitting the hearsay statement? for rev. Related to Dennis Jurgens | Joanne Jurgens | Joshua . A place to call home. The neighbors I talked to about the case were good people. 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. for rev. App.1987), pet. Karen was born in Wichita . Held : J. Jacobs . Centurion, South Africa. A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. Defense counsel requested at the sentencing hearing that Jurgens be sentenced under 1965 law, stating he did not believe "there is any choice in the matter." Emergency Phone . His adoptive mother, 39 at the time, said he fell down the basement stairs. 3. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . 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. 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. Loss, 295 Minn. at 280, 204 N.W.2d at 410. Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. Lois Germaine JURGENS, Appellant. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). Minn.Stat. Jurgens also contends she sought submission of first degree manslaughter. According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. 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, Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. Minn.Stat. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . Crookston MN. This contention is incorrect. Lois Jurgens was at home alone with the children much of the weekend of Dennis' death. He was 41 when it published. Known Residents. 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