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. Post Office. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. Our Saviors Lutheran Day School At some point during the fight, which did not last long, Nelson grabbed . The evidence of repeated battering of the child, and the ultimate diagnosis of particular trauma to the child consistent with the battered child syndrome, are together sufficient circumstantial evidence to show death in the course of simple assault such as to establish first or second degree manslaughter based on an intentional act. Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. I was writing the book with my little baby next to me. 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. Related to Joann Jurgens | Joshua . See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. 609.195(2) (1965). Appellant does not seriously question that the state has convincingly proven her criminal conduct associated with the death of her son 23 years ago. Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. 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. 1. Our Mission. Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! Minnesota State Patrol 01/30/23 03/09/23 Buhr, Mara Esther Under Sentence 609.3451.1a(1) - Criminal Sexual Conduct-5th Degree-Nonconsensual Sexual Contact - Arrest of Adult Cottonwood County Sheriff's Office 02/09/23 03/08/23 Crowell, Austin Richard Bench Warrant 609.78.2(1) - Emergency Telephone Calls/Communications - Interrupt, Interfere, Post Office. John Robert Chambers Feb 21, 2023 John Robert Chambers, 57, of Crookston, MN, died Tuesday, February 21, 2023, in Crookston. that is degrading to another person. His current phone number is (218) 281-1790. Abels blood cries out from the ground, God replied. She also contends the indictment should have been dismissed because it was based on illegal evidence. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. 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. Thank you for reading! C3-87-1165. for rev. Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. University of Minnesota Cardiovascular Disease Fellowship. Jurgens also contends she sought submission of first degree manslaughter. You have permission to edit this article. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. One or two I remember wept as we sat in their backyards. The bruises were still visible on the now leathery brown skin. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . 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. The evidence was sufficient to support the conviction. Later, she testified, Jurgens had sent her dirty socks and a lead pipe when she had asked for the adopted children's clothes. Minn.Stat. ANGELIZD's Place - Child Abuse Pages - Dennis Craig Jurgens. Private Schools. 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. If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. See State v. Loss, 295 Minn. 271, 280, 204 N.W.2d 404, 410 (1973) (reasonable inference of battering parent, based on battered child syndrome, enough with circumstantial evidence to prove first degree manslaughter); State v. Goblirsch, 309 Minn. 401, 405-07, 246 N.W.2d 12, 14-15 (1976) (nonaccidental injuries, defendant's exclusive control over child, other circumstantial evidence support inference of first degree manslaughter); Schleret v. State, 311 N.W.2d 843, 848 (Minn. 1981) (in view of majority of court, nonaccidental injuries, defendant's exclusive control over child, and battered child syndrome sufficient to prove first degree manslaughter); cf. (218) 281-3375. A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. 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. 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 medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. Electrolux Home Products Australia, +7 weitere . The legislature has determined there should be no statute of limitations for murder. In State v. Ortlepp, 363 N.W.2d 39, 44 (Minn.1985), the court ruled the prior statement of an available witness admissible within the catchall exception where the witness admitted the statement and it was consistent with the other evidence produced by the state. McGee testified the peritonitis would have caused Dennis great pain and it was not possible he had been in the bathroom, talking, shortly before his death. The majority likewise cites the absence of evidence proving other than felonious assault of the child. She was 10 at the time. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). If it has done so at all, the state has barely met its burden in a murder prosecution to show an underlying felonious assault. We played kick the can and tag. 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. See Minn. Stat. 609.225, subds. In the 1970's, a teenager staying in an unwed mothers' institution is forced to give up her baby. As the book retells, Sherwood walked into the White Bear Lake Police Department Sept. 11, 1986, claiming her baby boy had been beaten to death. We thought she was a witch.. Robert A Hasbrouck's Summary. 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. None of those circumstances are present here. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. Give to Golden Eagle Athletics. Although a number of these cases are prosecutions for first degree manslaughter, see Schleret v. State, 311 N.W.2d 843 (Minn. 1981), State v. Goblirsch, 309 Minn. 401, 246 N.W.2d 12 (Minn. 1976), and Loss, we find no indication battered child syndrome cannot be used to help establish felonious intent. She said Harold was up with him most of the night. He does think fondly of the community. 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. It may be difficult for a defendant to show, after 22 years, that prosecutorial delay had a particular motive. 6 Photos. A place to call home. There was virtually no evidence of significant *556 abuse by Harold Jurgens. 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. Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, HUD for a two-bed apartment in Polk County. The voluminous records available did not support that conclusion. STATE of Minnesota, Respondent, Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Official website of Roman Catholic Diocese of Crookston. [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. See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). 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. Be Proactive. 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. See Minn.Stat. Witnesses testified Dennis was frequently bruised, often had black eyes and wore sunglasses apparently to conceal them, and became progressively thinner and more withdrawn. This contention is incorrect. 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. Did the trial court err in refusing to dismiss the indictment? Loss, 295 Minn. at 280, 204 N.W.2d at 410. Medical examiner Michael McKee noticed other features, as well. 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 heightened my feelings, although they were already strong, Siegel replied. He had told investigators that the body would be in good condition even 22 years later. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. October 29, 1993. . Lived in Minnetonka MN | Hopkins MN | Eagan MN | Bloomington MN. 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. In order to show a pre-indictment delay violates due process, a defendant must establish. . Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . Related to Dennis Jurgens | Joanne Jurgens | Joshua . A. Last week, Judge David Marsden . Dennis Jurgens was three-and-one-half years old at the time of his death. Lois Germaine JURGENS, Appellant. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. 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. Age 56 (218) 281-1761. El Metate. Even if Dennis was thrown rather than struck, the height from which he would have to have been thrown or the force involved would be sufficient to establish felonious intent. 1 and 2. [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. Recruits. 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. Date of Birth: September 30, 1930 Date of Ordination: June 1, 1979 Assignment History Asst. 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. Join to view full profile. Robert Proulx in Minnesota. 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. 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]. 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. The city manager was Ed Bayuk. It was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. View the profiles of professionals named "Robert Jurgens" on LinkedIn. She did establish that some of her medical records had been lost or destroyed. Browse Locations. Ramsey Co. There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. Moreover, there is no indication it was foreseeable in 1965. The court concluded: The evidence here established not only a history of prior abuse, making Dennis Jurgens a battered child, but also medical evidence of a fatal injury which doctors testified could not have been caused accidentally, as initially described by the Jurgenses. This omission, however, does not alter our analysis. They have also lived in Maple Grove, MN and Saint Paul, MN. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. When her mother died, Rodvald said Lois Jurgens sent a sympathy card. 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." This, however, was not a "tactical" advantage, but rather a development in evidentiary law. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. 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." 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. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Lookup the home address, phone numbers, email address for this person .
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