The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . He testified his mother ran down the stairs after him and started to hit and shake him. 321 W Robert Street Crookston, MN 56716. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. He grew up to be a police officer and moved to Crookston. C3-92-2279. 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. Robert - Then and now. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. 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. Fisher Avenue And Barrette St, Crookston, MN 56716. She did establish that some of her medical records had been lost or destroyed. 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. Cable Modem is the type of internet connection. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. Culpable negligence may include an element of intentional conduct. The verdict form does not indicate on which count Jurgens was convicted. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. 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. Our Saviors Lutheran Day School She was the adoptive mother of six children in the 1960s and 1970s, and brutally abused them all, killing one of them, three-year-old Dennis Jurgens, in 1965. . Jurgens herself told White Bear Lake police her husband had been in northern Wisconsin and she called him on Saturday to tell him Dennis was sick. No racism, sexism or any sort of -ism However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. While growing up John moved with his family to St. Paul, MN and then to Georgia. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. And Lois would yell at us if we stood on their street corner. The city manager was Ed Bayuk. There was virtually no evidence of significant *556 abuse by Harold Jurgens. . Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. 609.205(1) (1965). First degree manslaughter involves an intentional non-felony crime, including simple assault, committed "with such force and violence that death of or great bodily harm to any person was reasonably foreseeable." Cf. Dennis was adopted by the Jurgenses, of White Bear Lake, Minnesota, a suburb of Saint Paul: Harold Robert Jurgens, a former bandleader turned electrician, and Lois Germaine Josephine Zerwas Jurgens, a homemaker. ANGELIZD's Place - Child Abuse Pages - Dennis Craig Jurgens. Did appellant cause the fall by striking, throwing, tripping or pushing the child? 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. *547 Hubert H. Humphrey, III, Atty. Check Availability. 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. 1 and 2 (1965). That was the reason for this case, McGee believed. 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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. 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. 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 state has conceded at oral argument that June Bol's testimony was critical to its case. 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. The best result we found for your search is Robert James Jurgens age 40s in Minneapolis, MN. Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . Jurgens' primary claim of prejudice from the delay is in the difficulty it caused her in meeting her burden of showing she was mentally ill at the time of Dennis' death. 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. She was 10 at the time. Harold Jurgens, who visited his wife regularly at the prison, died in 2000. 628.26 (1965). 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). 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. for rev. The 1965 autopsy report and morgue photographs were introduced. . His birthdate is September 15, 1941, making him 81. If it has done so at all, the state has barely met its burden in a murder prosecution to show an underlying felonious assault. 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]. 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. Virgil was born on January 26, 1954 at Columbus, OH, the son of Virgil Robert and Margaret (Tiede) Love Sr. art. Robert D Peterson. 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]. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. He testified there was a linear bruise on the upper abdomen. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. Twedt also remembers her mother Donna telling her years later, We didnt talk about that stuff then., The Gardenette neighborhood was a great place to grow up, Twedt said. We conclude, however, that the admission of the hearsay statement was harmless error because the state did not have to produce evidence of the circumstances of the injury to Dennis, given that he fit the "battered child syndrome," and the fact that the medical evidence established that his injury had been inflicted. This contention is incorrect. So its hard to forget.. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. White Bear Lake was recognized as an All-America City in April 1965. Minn.Stat. A fight erupted between defendant and Nelson. or anything. No. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). 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. You can explore additional available newsletters here. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). That is what killed Dennis: infectious fecal material had flowed into his abdomen. The book makes our neighborhood sound creepy, but it wasnt.. Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. State v. Norgaard, 272 Minn. 48, 52, 136 N.W.2d 628, 632 (1965). There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. 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. . Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! Lois had grown up in an impoverished family of sixteen siblings and used her marriage to the middle-class Harold Jurgens as a means to . Also, Jurgens' 1965 MMPI was interpreted as showing no indication of psychotic disturbance. Bester, Robert - Died in 2019. They were very quiet. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. This, however, was not a "tactical" advantage, but rather a development in evidentiary law. Find A Grave Memorial. 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. Five years later, NBC released a TV movie called A Child Lost Forever.. 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. Jurgens had sought to dismiss the grand jury indictment for failure to submit a manslaughter charge, which would have required such a waiver. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. The battered child syndrome does not place on a defendant the burden of presenting evidence of accidental death, but does consider the explanation given by the defendant at the scene. Select this result to view Robert James Jurgens's phone number, address, and more. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. 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. We recognize the state has the burden of establishing intent, as with any other element of the offense. See, e.g., United States v. Wild, 551 F.2d 418, 422 (D.C.Cir.1977), cert. Marker Address Rent ? McGee thought about the book of Genesis. High 32F. The mid-60s was just the beginning of awareness of battered child syndrome, Siegel said in a telephone interview. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. The predicate felony charged against Jurgens was aggravated assault, requiring that she intentionally inflicted great bodily harm or assaulted Dennis with a dangerous weapon. This omission, however, does not alter our analysis. Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! Select an address below to search who owns that property on 3rd Avenue and uncover many additional details. The trial court had the benefit of an extensive examination of Jurgens' mental state, which was her primary mitigating factor. 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 . Threats of harming another It may be difficult for a defendant to show, after 22 years, that prosecutorial delay had a particular motive. White Bear Lake was recognized as an All-America City in April 1965. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. 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. at 846-47. accounts, the history behind an article. Siegel interviewed more than 100 people for his book, which took about 18 months to write. For these reasons, appellant is entitled to a new trial, and I respectfully dissent. Dr. McGee testified to his exhumation of the body in January 1987. This site is protected by reCAPTCHA and the Google. On this record, we must conclude the delay in prosecution was not an intentional device to obtain a tactical advantage. What drew me most to this story was the window into a community and the choices good people make. Midcontinent Communications offers the fastest internet access. 6, 2. 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). Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). Minn.R.Evid. [1] Although the passing of twenty-two years need not and did not preclude successful prosecution of appellant for feloniously causing the death of her son, the evidence did not permit submitting the case to the jury to determine only whether or not Dennis Jurgens was murdered. 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. Experienced and local lawyers. I can picture the boys still, Rodvald said. 1988). I wasnt as interested in Lois and why Harold didnt step in. Turkey sandwiches sold for 15 cents and cartons of milk for a nickel, Siegel wrote. 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." They have also lived in Maple Grove, MN and Saint Paul, MN. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . (507) 351-5738 (Aerial Communications) is used to contact Kelly. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . Sherwood, who was Jerry Puckett at the time, never converted. See Minn.Stat. In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. 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. 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. He attended Crookston schools and graduated from Central . The Ramsey County Welfare adoption case worker testified Lois Jurgens had concerns about the placement, particularly over how Dennis would relate to their older child, Robert, but that her husband, Harold Jurgens, was very enthusiastic about adopting Dennis. Another neighbor, Kathy (Bucholz) Rodvald, remembers seeing the hearse parked in the Jurgens driveway that Palm Sunday. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. 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. You already receive all suggested Justia Opinion Summary Newsletters. Delwin received his education in the Windom Public Schools. 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. He really believes in honor, given that he plays the game . 609.225, subds. Business Directory; Search; Join Us; Click a category to search: . A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. I cant believe it was 50 years ago already. Douglas W. Thomson, Deborah K. Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant. 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. I remember going over there and trying to get them to play with us but they couldnt. When I was living in White Bear Lake, my wife was pregnant with our first child. State ex rel. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. 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. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . Recent photos, introduced to show the basement areas of the Jurgens house, were marked to show subsequent construction. It was tough to write about the death of a little boy. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Details. There is no indication the trauma to Dennis Jurgens was a misdemeanor assault. People I talked to were puzzled, concerned, trying to figure it out themselves. 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. 1 Bed $475. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . Minn. Stat. Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. CPD currently employs 15 full-time police officers and two full-time civilian support personnel. See State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 126 (1975) (lesser-included offense need not be submitted if the evidence would not "reasonably support a conviction of the lesser degree and at the same time * * * a finding of not guilty of the greater offense."). The difference was this time the medical examiner immediately thought child abuse.. The doctor was called and pronounced him dead around 10:00 a.m. Jurgens told both police and the physician that Dennis had fallen the day before and had a cold, running a fever. Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. However, we are not bound by this concession to ignore the plain state of the evidence. 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. Thats the bottom line., The murder conviction received local and national attention. The jury found Jurgens was not mentally ill at the time of the offense. 2022-23 Brochure. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. Our neighborhood was fantastic, she said. See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). The trial of Lois Jurgens for the murder of 3yearold Dennis made national headlines and was the to Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. Jurgens had requested an instruction on second degree manslaughter (death resulting from culpable negligence). Was the evidence sufficient to support the conviction? Crookston, MN 56716 lawoffice@nwmnlaw.com (218) 281-4168. Save . 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' counsel admitted Dennis was an abused child, but contested the extent of the abuse. 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). C3-87-1165. Jurgens objected to this testimony. Directions. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. 720 E Robert St Crookston, MN 56716. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. Don't Threaten. v. 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. 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. Minn.Stat. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. $21,000. His Bit-Beast and Beyblade is Griffolyon. He grew up in Columbus and was a graduate of Ft. Knox High School there. As a Doximity member you'll join over two million verified healthcare professionals in a private, secure network. 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 . At the time of trial, the parties did not have the benefit of the holding in State v. Johnson, and they could not be confident defendant could legitimately waive the statute of limitations. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. Jurgens also contends she sought submission of first degree manslaughter. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. Other adopted son, Robert, the inferences Loss recognizes have never been said to the. Was the window into a community and the choices good people make i talked to were puzzled concerned. Of Ft. Knox High School there that Palm Sunday responsibility, however provided... Had the amended death certificate before it 825 ( 1976 ) hearsay statement merely cumulative Vows 1963. Since 1889, 140 ( 1967 ) testimony was critical to its case linear bruise on the upper abdomen professionals. 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