He was 41 when it published. Crookston, MN 56716 lawoffice@nwmnlaw.com (218) 281-4168. 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. CROOKSTON, MN (www.advanced-towing.com) Advanced vehicle service and tires. There is no indication, however, that she incriminated herself in that examination. On October 19, 1968, Delwin was united in marriage to Judith Ann Eidem at the St. Francis Xavier Cath He happened to be in the hospital for pneumonia when their house burned down in November of 65. 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. C3-87-1165. Dennis and Robert Jurgens, 1965. The majority likewise cites the absence of evidence proving other than felonious assault of the child. 37 on-campus majors. for rev. v. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. The mid-60s was just the beginning of awareness of battered child syndrome, Siegel said in a telephone interview. 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). The bruises were still visible on the now leathery brown skin. Did the story affect him at the time? [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. 609.195(2) (1965). Minn.Stat. Did the trial court err in refusing to dismiss the indictment? His Bit-Beast and Beyblade is Griffolyon. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . Dr. McGee testified to his exhumation of the body in January 1987. 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. 1985) (19-year delay in prosecution was extraordinary, but did not compel a presumption of prejudice). Jim was relieved someone was eventually charged, Honsa said. There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. Although the grand jury transcript is not in the record, it is clear from its use at trial that Dr. McGee gave much the same testimony as he gave at trial concerning the cause of death. A. Search background report . No racism, sexism or any sort of -ism The statute in 1965 did not mandate a presentence investigation. 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. Crookston. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. 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. Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. 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. 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. 2d 226 (holding the limitations can be waived); see also State v. Tupa, 194 Minn. 488, 260 N.W. Centurion, South Africa. Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. 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. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). Winds SSE at 5 to 10 mph. Robert D Peterson. As the dissent points out, the evidence did not establish how the trauma was inflicted. Bol testified that at the time of the conversation she was on good terms with the Jurgenses. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. 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. . 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. Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. Emergency Phone . . High 32F. Evidence great bodily harm was suffered is not evidence of intent to cause the same. When prosecuting attorneys at Jurgens pending trial had the toddlers body exhumed in January of 1987, the marks were still there. He testified his mother ran down the stairs after him and started to hit and . That twist of fate is apparent in this case as well. for rev. Cable Modem is the type of internet connection. He identified a perforation of the ileum, or small bowel, as the cause of seepage of gastrointestinal material into the peritoneal cavity, causing peritonitis. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. denied, 431 U.S. 916, 97 S. Ct. 2178, 53 L. Ed. Find your niche on-campus or online. Robert Schreiner. 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. It is part of the "Grand Forks, ND-MN Metropolitan Statistical Area" or "Greater Grand Forks".Crookston is the episcopal seat of the Roman Catholic Diocese of Crookston.Crookston is partially a commuter town to the larger city of Grand Forks, North Dakota. The small child was in perfect, if weathered shape, like an ancient man preserved in time. 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: Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. State v. Adams, 295 N.W.2d 527, 533. Golden Eagles on Instagram. Heading up a technology Development and Operations (DevOps) team for Customer Service Technologies servicing Telkom Group (internal and external contact centres and walk in centres). They have also lived in Maple Grove, MN and Saint Paul, MN. The download speed is limited at 1,000 mbit/s, while the . 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). The evidence was sufficient to support the conviction. University of Minnesota Cardiovascular Disease Fellowship. The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Abels blood cries out from the ground, God replied. 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. The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . App.1987), pet. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. Experienced and local lawyers. We conclude Jurgens has not shown there was a promise not to prosecute, nor that she relied on it to her detriment. . Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . I grew up in LA so it was like living in a different world. 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 - Then and now. The book makes our neighborhood sound creepy, but it wasnt.. HUD for a two-bed apartment in Polk County. Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. He testified there was a linear bruise on the upper abdomen. Partly cloudy skies. View Tom Jurgens results in Minnesota (MN) including current phone number, address, relatives, background check report, and property record with Whitepages. However, we are not bound by this concession to ignore the plain state of the evidence. The city manager was Ed Bayuk. Use the 'Report' link on person will not be tolerated. *547 Hubert H. Humphrey, III, Atty. Robert attended school in McIntire, Iowa, and at the age of 17 . 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. Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, This appeal is from a judgment of conviction and sentencing for third degree felony murder, Minn.Stat. 121 W Robert St Crookston, MN, 56716. Generally cloudy. Douglas W. Thomson, Deborah K. Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). . She was 61 when she went to prison and served eight years before being paroled. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. 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. In any event, the supreme court indicated in State v. Adams, 295 N.W.2d 527, 533 (Minn.1980), that first degree manslaughter should be submitted only when the underlying crime is a misdemeanor or a crime against property. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. Sep 2014 - Nov 20206 years 3 months. . 6, 2. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. Phone: : 218-281-3111. Burnsville, MN (1) Champlin, MN . And Lois would yell at us if we stood on their street corner. 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. Minn.Stat. She was 36. 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. Harold's testimony in 1965 showed he was in Wisconsin from the evening of Friday, April 9, until 9 or 9:30 p.m. on Saturday, April 10. Sherwood had discovered the coroner never ruled on the actual cause of death; they had just buried the body in St. Marys Cemetery. Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. As a child he moved with his family to. Jurgens requested the submission of second degree manslaughter as a lesser-included offense. It is quite another thing to infer a particular intent where the nature of the act is unknown. The hearsay statement was not consistent with Harold's testimony in 1965, when he admitted his wife had called but denied she asked him to come home. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. The trial court is required to submit a manslaughter instruction if the evidence. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. One or two I remember wept as we sat in their backyards. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. The statement, purportedly made around eight years after Dennis' death and fourteen years before trial, did not have such "circumstantial guarantees of trustworthiness" that it should have been admitted. The adults were all friends. Give to Golden Eagle Athletics. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. He does think fondly of the community. STATE of Minnesota, Respondent, I can picture the boys still, Rodvald said. There is no indication the trauma to Dennis Jurgens was a misdemeanor assault. 1. His nose was blood red and peeling and there were fingernail marks behind his ears. 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. 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. In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. He is the team captain of the Majestics. In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. (218) 281-5488. When his mother said she was going to be investigated because of his brother's death 22 years ago, "I Providing a full suite of technology applications and tools: Customer interaction channels (IVR . (PSI not required if extensive examination of defendant was otherwise made). She had also received *549 harassing telephone calls which she thought were from Jurgens. She also contends the indictment should have been dismissed because it was based on illegal evidence. 609.195(2) (1965). Later, she testified, Jurgens had sent her dirty socks and a lead pipe when she had asked for the adopted children's clothes. Robert lived in 1930, at address, Illinois. It so happened that Dennis biological mother, 17 and unwed when he was born, had planned to convert to Catholicism so had her baby baptized by a priest. The trial court sentenced Jurgens to an indeterminate sentence, under 1965 law, while expressing the opinion it had the option of sentencing under the guidelines. Robert Jurgens is the Owner and President at Robert Jurgens, Cpa based in Wantagh, New York. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. A fight erupted between defendant and Nelson. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). Robert A Hasbrouck is a male in his eighties. We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. (507) 351-5738 (Aerial Communications) is used to contact Kelly. Be Nice. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. Current address 3131 Sumter Ave N #202, Minneapolis, MN 55427 $1,290: B. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. Our Saviors Lutheran Day School PLEASE TURN OFF YOUR CAPS LOCK. You have permission to edit this article. Paul T. Jurgens, Christina L. Aquilante . Check Availability. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn Crookston MN. A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. 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? Medical examiner Michael McKee noticed other features, as well. A defendant challenging pre-indictment delay must show more than potential prejudice. Some may call it providence. The trial court had the benefit of an extensive examination of Jurgens' mental state, which was her primary mitigating factor. [3] The series of battered child syndrome cases beginning with Loss have affirmed the principle that circumstantial proof of manslaughter can be inferred from the evidence present here: evidence of an assault and the presence of the battering syndrome, along with defendant's exclusive control. Robert passed away on June 26 2002, at age 80. I went to Dennis' bedroom I saw Lois picking Dennis up out of his crib, she kept yelling his name "Dennis, Dennis, Dennis". This site is protected by reCAPTCHA and the Google. The murder conviction here cannot stand. Zerwas died in 1997. Midcontinent Communications offers the fastest internet access. 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. I was writing the book with my little baby next to me. October 29, 1993. . 2010 Robert Blanchette. . 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. He testified his mother ran down the stairs after him and started to hit and shake him. Minn. Stat. Close this dialog. It was tough to write about the death of a little boy. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. Lookup the home address, phone numbers, email address for this person . After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. So its hard to forget.. I cant believe it was 50 years ago already. It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. He . Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. People I talked to were puzzled, concerned, trying to figure it out themselves. 804(b)(5). Notifications from this discussion will be disabled. Photos of Lois Jurgens, an American convicted murderer. The population was 7,482 at the 2020 census. Virgil was born on January 26, 1954 at Columbus, OH, the son of Virgil Robert and Margaret (Tiede) Love Sr. Plus, 24 hour towing and recovery for all sized rigs. Details. Golden Eagle Insider Podcast. You already receive all suggested Justia Opinion Summary Newsletters. 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. 4. The Municipal League letter from Chairman George Gallup to Georgia Hillman, then secretary-treasurer of the White Bear Lake Chamber of Commerce, read I salute the citizens of White Bear Lake whose effective action has won this award and sincerely hope they will view this honor as a further incentive to play a positive role in the affairs of their community.. We'd love to hear eyewitness The difference was this time the medical examiner immediately thought child abuse.. or anything. The verdict form does not indicate on which count Jurgens was convicted. In 1986 he enlisted in the US. Delwin received his education in the Windom Public Schools. There was virtually no evidence of significant *556 abuse by Harold Jurgens. Post Office. 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. Did the court err in admitting the hearsay statement? 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. Virgil Robert Love Jr, 68, of Crookston, MN, passed away unexpectedly of natural causes Monday morning, March 7, 2022, at RiverView Health in Crookston. Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. They were very quiet. Twedts older brother Tom Neely offered one vivid recollection. We affirm. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. The trial court did not err in refusing to dismiss the indictment. He grew up in Columbus and was a graduate of Ft. Knox High School there. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). at 846-47. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. "I remember waking up hearing loud screams. We were all like a big family. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. What drew me most to this story was the window into a community and the choices good people make. Give. The 1965 autopsy report and morgue photographs were introduced. There is a chapter in the book, The Bubble Bursts, about a few untimely deaths after 1965, including a 36-year-old mother of four deaf children and at least one suicide. Assault, in turn, was defined as an act done "with intent to cause fear in another of immediate bodily harm," or "intentional infliction of bodily harm." State v. Norgaard, 272 Minn. 48, 52, 136 N.W.2d 628, 632 (1965). Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. Also, Jurgens' 1965 MMPI was interpreted as showing no indication of psychotic disturbance. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. [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. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. View 301 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Some thought he had been poisoned by his wife, but an autopsy showed that not to be true. Or so the story goes. Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. 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." 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]. Please avoid obscene, vulgar, lewd, You can explore additional available newsletters here. 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. She objected to omission of this charge when jury instructions were discussed. The neighbors I talked to about the case were good people. However, he had no authority to make any promise concerning prosecution. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. 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. Submitted photos, Staff Writer Sue Wolsfeld described Lois Jurgens sitting in the courtroom in the Feb. 4, 1987 White Bear Press: Her hands were folded politely in her lap, her feet rested motionless on the floor. Age 52 (218) 281-1761. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . 1988). Dr. Votel, who viewed the body, testified that he felt Dennis was a battered child, that he was told White Bear Lake police were investigating the death, and that he marked the mode of death on the death certificate as "deferred" to await further information from the investigation. [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." 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. 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