Jurgens reported to the physician that the injuries occurred when she was washing Dennis in the sink and he turned on the hot water. The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. 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. Give to Golden Eagle Athletics. 321 W Robert Street Crookston, MN 56716. They are open every day of the week. (218) 281-3375. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. 1988). On October 19, 1968, Delwin was united in marriage to Judith Ann Eidem at the St. Francis Xavier Cath 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. 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."). 4. 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. 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. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. Please avoid obscene, vulgar, lewd, El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. [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. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. The jury, however, must have some reasonable basis for concluding that defendant's conduct, while intentional, was not intended to produce the degree of harm that resulted. accounts, the history behind an article. We disagree. Jurgens does not claim significant prejudice in defending the homicide charge itself. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. 117 W Robert St, Crookston, MN 56716. A fight erupted between defendant and Nelson. Notifications from this discussion will be disabled. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. Sherwood, who was Jerry Puckett at the time, never converted. 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. Known Residents. 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." State ex rel. Give. Hours. I remember going over there and trying to get them to play with us but they couldnt. The evidence was sufficient to support the conviction. See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). 321 West Robert Street, Crookston 0.1 miles. We conclude Jurgens has not shown there was a promise not to prosecute, nor that she relied on it to her detriment. Directions. 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. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. 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 . . In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. 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. Delwin Dale Jurgens was born on November 10, 1949, in Windom, Minnesota to the late Dale Robert and Beverly Ann (Doherty) Jurgens. We'd love to hear eyewitness 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. (PSI not required if extensive examination of defendant was otherwise made). We played kick the can and tag. Robert - Then and now. . 609.225, subds. 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. 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]. He identified a perforation of the ileum, or small bowel, as the cause of seepage of gastrointestinal material into the peritoneal cavity, causing peritonitis. 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. I liked the people a lot., Gardenette Drive families mentioned in the book included Donna and Jim Neely, Cam and Bob Brass, who owned the Ben Franklin store, and Alice and Tom Axelrod. . C3-87-1165. 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. PeopleFinders is the best people search for contact info and public records. 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. 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). Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. The eventual prosecution unquestionably benefited from the supreme court's recognition of the "battered child syndrome" in State v. Loss, 295 Minn. 271, 204 N.W.2d 404 (1973). 3. The trial court did not err in refusing to dismiss the indictment. 531 days on Zillow. 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. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . A defendant challenging pre-indictment delay must show more than potential prejudice. 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. Get this St. Don't knowingly lie about anyone Crookston MN. Dr. Stephens, a psychiatrist, also gave his opinion that Jurgens was suffering from paranoid schizophrenia in 1965. However, we are not bound by this concession to ignore the plain state of the evidence. He testified Dennis had landed on his stomach at the bottom of the stairs. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). "I remember waking up hearing loud screams. I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. Keep it Clean. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . 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. In August 1963, Dennis was hospitalized with severe burns on his lower abdomen, genitals and buttocks. She said Harold was up with him most of the night. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! He . 2. Siegel interviewed more than 100 people for his book, which took about 18 months to write. 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. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. Experienced and local lawyers. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. We had children the same age so it hit him hard., White Bear Historical Society Executive Director Sara Markoe Hanson remembers watching the body being exhumed on the television news. Dennis Jurgens was three-and-one-half years old at the time of his death. Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . The state has conceded at oral argument that June Bol's testimony was critical to its case. Appellant had not previously inflicted felonious blows on the child. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. He attended Crookston schools and graduated from Central . In State v. Soukup, 376 N.W.2d 498, 501 (Minn.Ct.App.1985), pet. She was 61 when she went to prison and served eight years before being paroled. 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. I am not my brothers keeper, Cain answered. 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. El Metate. The 1965 autopsy report and morgue photographs were introduced. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. Robert D Peterson. art. Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. 2182814215. 121 W Robert St Crookston, MN, 56716. A place to call home. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . . (507) 351-5738 (Aerial Communications) is used to contact Kelly. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). 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. His nose was blood red and peeling and there were fingernail marks behind his ears. 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. 3131 Sumter Ave N #202, Minneapolis, MN 55427, lived here in 2011 - 2012 $1,290: C . Sep 2014 - Nov 20206 years 3 months. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. The difference was this time the medical examiner immediately thought child abuse.. No racism, sexism or any sort of -ism On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. The medical expert testimony established the degree of the force that caused the *557 injury and nature of the harm done that caused the death. The autopsy showed an injury to the tip of the penis. View Public Record Results ✓ Addresses. Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. Lived in Minnetonka MN | Hopkins MN | Eagan MN | Bloomington MN. [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. 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. I wasnt as interested in Lois and why Harold didnt step in. I went to Dennis' bedroom I saw Lois picking Dennis up out of his crib, she kept yelling his name "Dennis, Dennis, Dennis". 5. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. Did the court err in admitting the hearsay statement? At a press conference following the arraignment, White Bear Lake Police Chief Phil Major, left, Assistant County Attorney Mindy Elledge and County Attorney Tom Foley answered questions. Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. 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. denied, 431 U.S. 916, 97 S. Ct. 2178, 53 L. Ed. 720 E Robert St Crookston, MN 56716. *555 The jury could have inferred from Dennis' constantly bruised state that he and Lois Jurgens were almost continuously "at it." Check Availability. She did establish that some of her medical records had been lost or destroyed. Id. Plus, 24 hour towing and recovery for all sized rigs. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). for rev. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. He had told investigators that the body would be in good condition even 22 years later. 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. Date: 1987-03-22 When Lois Jurgens telephoned Robert Jurgens' home in Crookston, Minn., last fall, the man who answered was her son, the cop. 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." It was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. V. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 ( )... To be a seminal document regarding child abuse with severe burns on his lower abdomen, genitals and buttocks foreseen... 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