See Minn.Stat. It may be difficult for a defendant to show, after 22 years, that prosecutorial delay had a particular motive. Get an email notification whenever someone contributes to the discussion. We'd love to hear eyewitness Witnesses testified Dennis was frequently bruised, often had black eyes and wore sunglasses apparently to conceal them, and became progressively thinner and more withdrawn. Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. He also testified Jurgens told him in 1987 the fall down the stairs occurred a week before the death. 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." Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. The trial court is required to submit a manslaughter instruction if the evidence. v. View 29 photos of this 4 bed, 2 bath, 2369 sqft. Minn.Stat. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. 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. Robert had 2 siblings: Melvin A Jurgens and one other sibling. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . . See State v. Warren, 419 N.W.2d 795 (Minn.1988). When prosecuting attorneys at Jurgens pending trial had the toddlers body exhumed in January of 1987, the marks were still there. 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 neighbors I talked to about the case were good people. 2d 844 (1973) (emphasis in original). R Jurgens. 609.205(1) (1965). single-family home with a list price of $159000. Call now! We affirm. 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. As the dissent points out, the evidence did not establish how the trauma was inflicted. He does think fondly of the community. One or two I remember wept as we sat in their backyards. I wasnt used to going to pancake breakfasts and I remember I was surprised not to have to pre-pay for gas. [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. John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. Select this result to view Robert James Jurgens's phone number, address, and more. He happened to be in the hospital for pneumonia when their house burned down in November of 65. A proven leader in online delivery for more than 25 years. She had also received *549 harassing telephone calls which she thought were from Jurgens. Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). . The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. They were still very upset about it 23 years later what they should have done and could have done. The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. A description of the boys body indicated he was covered in bruises, his forehead had a large abrasion and there was a laceration at the base of his genitals. Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . 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. Our Saviors Lutheran Day School Official website of Roman Catholic Diocese of Crookston. White Bear Lake was recognized as an All-America City in April 1965. Culpable negligence may include an element of intentional conduct. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. 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 evidence was sufficient to support the conviction. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. . 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. There was also talk years earlier of Lois starting the fire that killed her mother-in-law. Douglas W. Thomson, Deborah K. Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant. Intent is generally to be inferred from the nature of the act and surrounding circumstances. He grew up in Columbus and was a graduate of Ft. Knox High School there. See, e.g., United States v. Wild, 551 F.2d 418, 422 (D.C.Cir.1977), cert. Dennis blood had cried out from the ground, penned Siegel. [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. The trial court had the benefit of an extensive examination of Jurgens' mental state, which was her primary mitigating factor. They have also lived in Maple Grove, MN and Saint Paul, MN. ADVANCED: 218-281-5595 Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. Cf. Robert Gurgens is a resident of Minneapolis. See Minn. Stat. Did the court abuse its discretion in sentencing without a presentence investigation? The trial court did not err in refusing to dismiss the indictment. 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. 804(b)(5). 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. Results 1 - 250 listings related to Crookston, MN on US-business.info. December 6 1961 - April 11 1965. 5. God asked Cain in Genesis. Close this dialog. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. Some thought he had been poisoned by his wife, but an autopsy showed that not to be true. 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. I would look at those basement stairs and think about Dennis being pushed down them.. 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. Jurgens does not claim significant prejudice in defending the homicide charge itself. person will not be tolerated. According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. Many of the events used in the books background Siegel found in Minnesota Historical Society archives, White Bear chamber scrapbooks and an unlimited access on Sunday afternoons to the White Bear Press bound volume collection at the newspaper office. Find your niche on-campus or online. 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. One of the original investigators, Ron Meehan, remembered the case, as did others involved at the time. And for a week in mid-July, a TV station showcased White Bear Lake. He attended Crookston schools and graduated from Central . 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." We conclude Jurgens has not shown there was a promise not to prosecute, nor that she relied on it to her detriment. Midcontinent Communications offers the fastest internet access. There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. What drew me most to this story was the window into a community and the choices good people make. 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. 1.72 acres lot - Lot / Land for sale. 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. Don't knowingly lie about anyone 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 . 1. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). See Schleret, 311 N.W.2d at 847. 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." See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). 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. I cant believe it was 50 years ago already. 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. 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. 1 (1965) (court "may" order a presentence investigation). [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. denied, 431 U.S. 916, 97 S. Ct. 2178, 53 L. Ed. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). (218) 281-5488. *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. This testimony was impeached by attempts to show bias against Jurgens, and by the witnesses' failure to report the abuse, to testify to it in neglect proceedings in 1965 concerning Robert Jurgens, or to report it to police investigating Dennis' death. Jurgens was charged with two counts of third degree felony murder, one requiring intentional infliction of great bodily harm, the other assault with a dangerous weapon. Sherwood, who was Jerry Puckett at the time, never converted. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. Thats the bottom line., The murder conviction received local and national attention. A fight erupted between defendant and Nelson. Minn.R.Evid. Minn.Stat. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. 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. The jury could have found that, armed with a gun, he entered a room occupied by the victim following a heated argument, pointed the gun and fired in the victim's direction. It was error to submit the case to the jury without a manslaughter instruction. Give to Golden Eagle Athletics. Age 52 (218) 281-1761. . June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. 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He testified his mother ran down the stairs after him and started to hit and shake him. She doesnt remember much about the case, except it sounded fishy at the time. Winds SSE at 5 to 10 mph. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. There is no indication the trauma to Dennis Jurgens was a misdemeanor assault. 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. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). 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. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. 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). Jim was relieved someone was eventually charged, Honsa said. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. To conclude a jury has made a reasonable decision on evidence, it must appear they gave "due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a reasonable doubt." 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. 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. Fisher Avenue And Barrette St, Crookston, MN 56716. Medical examiner Michael McKee noticed other features, as well. 117 W Robert St, Crookston, MN 56716. 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 doctor who treated Dennis testified the area of the burn was unusual, and Dr. Solem, a burns specialist, gave his expert opinion how the 1963 injury was inflicted. State v. Adams, 295 N.W.2d 527, 533. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. 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. It was definitely seen as a cover up after the fact.. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. 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 baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. Minn.Stat. Surrounded by the farmlands of northwestern Minnesota, Crookston is a small and secluded city positioned about 25 miles east of Grand Forks. 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. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. 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. Virgil was born on January 26, 1954 at Columbus, OH, the son of Virgil Robert and Margaret (Tiede) Love Sr. Golden Eagle Insider Podcast. denied (Minn. Dec. 30, 1985), where the hearsay declarant was also available as a witness, the statements were admitted, were repeated in signed written statements to police, and were consistent with the medical testimony. 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. Electrolux Home Products Australia, +7 weitere . He was 41 when it published. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . He identified a perforation of the ileum, or small bowel, as the cause of seepage of gastrointestinal material into the peritoneal cavity, causing peritonitis. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. 804(b)(5). Cloud Times page for free from Wednesday, September 2, 1987 ud. Thank you for reading! His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. Jurgens was the only fatal victim of Lois Jurgens, his adoptive mother and a prolific child abuser, who abused a total of six adopted children from 1950 to 1970.The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . You're all set! We disagree. Create a Website Account - Manage notification subscriptions, save form progress and more.. Website Sign In CRARY REAL ESTATE. He really believes in honor, given that he plays the game . A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. PeopleFinders is the best people search for contact info and public records. Give. 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. However, he had no authority to make any promise concerning prosecution. Minn.R.Evid. Born on December 6, 1961 as Dennis Craig Pucket, Dennis would later be adopted by a family where he suffered abuse and eventually died at the hands of his adoptive mother. Dr. Perkins, a clinical psychologist who administered and interpreted various psychological tests, had also tested Jurgens in 1967. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. Notifications from this discussion will be disabled. Stephens testified, however, that Jurgens' relationship with Dennis had a delusional quality, particularly in her belief (shared by her husband) that Dennis did not feel pain. 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. Sister Rose Mary was born in St. Rose, MN, one of six children of the Rose Weber and Robert Toenyan who later moved to Blackduck, MN. The medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. 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. No racism, sexism or any sort of -ism Providing a full suite of technology applications and tools: Customer interaction channels (IVR . The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. 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. . View Public Record Results ✓ Addresses. 609.195(2) (1965). Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. 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. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. 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. 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. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). I am not my brothers keeper, Cain answered. 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.. Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. 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