Check Availability. They are open every day of the week. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . When his mother said she was going to be investigated because of his brother's death 22 years ago, "I Post Office. Dr. McGee testified to his exhumation of the body in January 1987. 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. 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. They have also lived in Maple Grove, MN and Saint Paul, MN. 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. *547 Hubert H. Humphrey, III, Atty. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. Harold Jurgens, who visited his wife regularly at the prison, died in 2000. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. Where a conviction is based on circumstantial evidence, that evidence must form a complete chain which leads so directly to the guilt of the accused that it excludes any rational hypothesis except guilt. Intent is generally to be inferred from the nature of the act and surrounding circumstances. info@scruffytails.org (218) 281-7225. view our pets. Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). Crookston MN. 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. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. He testified the perforation had no internal cause and was, in his opinion, caused by an external force or trauma equivalent to the force generated in a train wreck. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. The trial court did not err in refusing to dismiss the indictment. I was writing the book with my little baby next to me. C3-87-1165. Recruits. We recognize the state has the burden of establishing intent, as with any other element of the offense. Jurgens was granted her right of allocution. 115 years of Maroon and Gold tradition. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). White Bear Lake was recognized as an All-America City in April 1965. The supreme court has held that evidence establishing the battered child syndrome, together with other circumstantial evidence, is sufficient to support a conviction for homicide or assault. This contention is incorrect. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). 321 W Robert Street Crookston, MN 56716. At some point during the fight, which did not last long, Nelson grabbed . 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. A. [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. 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. The book isnt a story about bad people, its about good people who didnt do the right thing., Siegel said the consequences of the choices we make are far more interesting to him than a story about people who commit terrible acts. Lois Germaine JURGENS, Appellant. Held : J. Jacobs . In 1986 he enlisted in the US. Thank you for reading! The Jurgens other adopted son, 5-year-old Robert, was removed from their home after Dennis died and was living with his grandparents. STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. There was no smoking gun piece, Siegel said. I am not my brothers keeper, Cain answered. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. Emergency Phone . [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. No. Save . It heightened my feelings, although they were already strong, Siegel replied. . Some may call it providence. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. 1 and 2 (1965). 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? Marker Address Rent ? It is quite another thing to infer a particular intent where the nature of the act is unknown. Post Office. Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . 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." The bruises were still visible on the now leathery brown skin. Centurion, South Africa. She had also received *549 harassing telephone calls which she thought were from Jurgens. Age 56 (218) 281-1761. Jump to a specific location: Argyle, MN Badger, MN Crookston, MN Drayton, ND Grand Forks, ND Greenbush, MN Hallock, MN Hazel, MN Hillsboro, ND Humboldt, MN Erskine, MN Lake Bronson, MN Larimore, ND Oklee, MN Oslo, MN Roseau, MN Stephen, MN Warren, MN Argyle, MN 710 Washington Ave Argyle, MN 56713 Phone: 218-437-6626Fax: 218-438-6627 Location Manager Ryan KazmierczakCell: 218-843-5202Ryan . 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. Don't Threaten. 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. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. So its hard to forget.. A place to call home. 1988). Crookston Post Office 202 South Broadway, Crookston 0.2 miles. 121 W Robert St Crookston, MN, 56716. Second degree manslaughter was not required to be submitted as a lesser-included offense. A defendant challenging pre-indictment delay must show more than potential prejudice. 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. 2010 Robert Blanchette. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). The child could have been assaulted with an instrument or other great force directed to his abdomen, or the child could have been injured from a fall set in motion by a simple assault. Dennis blood had cried out from the ground, penned Siegel. 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. John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. See Stoner v. Graddick, 751 F.2d 1535, 1544 (11th Cir. art. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. We cannot agree, however, that the nature of the act was unknown, simply because the exact form of the trauma was not established, if the medical testimony established the trauma was inflicted and of sufficient force to be felonious. 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. There is no indication, however, that she incriminated herself in that examination. . 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. When I was living in White Bear Lake, my wife was pregnant with our first child. 1. He received his medical degree from McGaw Medical Center of Northwestern . Business Directory; Search; Join Us; Click a category to search: . A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. A vintage 1940-style white felt pillbox hat plumed with a feather and veil sat atop her head.. Robert Schreiner. 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. Select an address below to search who owns that property on 3rd Avenue and uncover many additional details. White Bear Lake was recognized as an All-America City in April 1965. 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. 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. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. at 846-47. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). 1 acres lot - Lot / Land for sale. View Tom Jurgens results in Minnesota (MN) including current phone number, address, relatives, background check report, and property record with Whitepages. Finally, it appears the court, which felt it had the option to sentence under the guidelines, may have ordered a PSI if defense counsel had not taken the position that she could not be sentenced under current law. Bester, Robert - Died in 2019. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. . The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). 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. 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 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. Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! 609.19 and 609.195(2) (1965). My dad said people minded their own business. Delwin received his education in the Windom Public Schools. Low 18F. Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. 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). 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). 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. In this case, we do not know how the injury was inflicted. Kelly Jurgens Crookston, MN. View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Ramsey Co. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. 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. Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. He does think fondly of the community. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . 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. The trial court is required to submit a manslaughter instruction if the evidence. 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. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. 201 days on Zillow. v. Even Dr. Perkins, after testing Jurgens in 1967, concluded that he could not say she was mentally disturbed. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. Appellant Lois Jurgens was indicted on January 30, 1987 for one count of second degree murder and two counts of third degree murder. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. We played kick the can and tag. View 29 photos of this 4 bed, 2 bath, 2369 sqft. R Jurgens. . The best result we found for your search is Robert James Jurgens age 40s in Minneapolis, MN. Dennis death certificate indicated the cause of death as peritonitis due to traumatic perforation of the small bowel. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. Although the scenario of a serious and unexplained falling injury may reasonably preclude an accident theory, it rationally describes a simple assault in which appellant consciously risked causing death or great bodily harm or used such force that death or great bodily harm was foreseeable. [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. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. However, we are not bound by this concession to ignore the plain state of the evidence. Given the state of the law at the time, a singular effort to compare the evidence with prospective charges was understandably contaminated by the limitations concern; this was a major consequence of the time lapse between the offense and the time of prosecution. 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. 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. You can explore additional available newsletters here. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. (218) 281-3375. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. Generally cloudy. They were still very upset about it 23 years later what they should have done and could have done. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Someone just sent me a picture of the house in rural Stillwater the Jurgens moved into in 1967, Siegel said. 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. We disagree. I wasnt used to going to pancake breakfasts and I remember I was surprised not to have to pre-pay for gas. 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. El Metate. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. He testified Dennis had landed on his stomach at the bottom of the stairs. Give. 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. 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). C3-92-2279. Or so the story goes. His current phone number is (218) 281-1790. Where is your brother? He is the team captain of the Majestics. Official website of Roman Catholic Diocese of Crookston. . He testified it could not have been caused by a fall down stairs, nor by a fall onto the floor, unless it was from a height of at least six feet onto a fixed, protruding object. [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. I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. Did appellant cause the fall by striking, throwing, tripping or pushing the child? 609.205(1) & 609.20(2) (1965). 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. Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. . I was shocked, she said. 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 . McGee thought about the book of Genesis. I grew up in LA so it was like living in a different world. State v. Torkelson, 404 N.W.2d 352, 357 (Minn.Ct.App.1987), pet. In order to show a pre-indictment delay violates due process, a defendant must establish. She demanded to know the truth about her son's death. That is what killed Dennis: infectious fecal material had flowed into his abdomen. The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . He was baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. So did the cops and the mortician who embalmed Dennis. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. The verdict form does not indicate on which count Jurgens was convicted. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. Turkey sandwiches sold for 15 cents and cartons of milk for a nickel, Siegel wrote. Id. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. He also testified Jurgens told him in 1987 the fall down the stairs occurred a week before the death. 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 . Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. Rev. Did the court err in admitting the hearsay statement? Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. She argued this burden had not been met because the experts could state only to a "reasonable medical certainty" that Dennis' death was not the result of accidental injury. Give to Golden Eagle Athletics. She did establish that some of her medical records had been lost or destroyed. Siegel interviewed more than 100 people for his book, which took about 18 months to write. Element of the court implied it was like living in white Bear Lake, Minnesota, Respondent v.. In 1987 the fall down the stairs occurred a week before the body in 1987! For the murder of 3-year-old Dennis made national no smoking gun piece, Siegel said N.W.2d 433, 436 1973! Recognized it as St. Marys cemetery., when the casket was opened, body! 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