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 . 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. 1. 5. 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. *547 Hubert H. Humphrey, III, Atty. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. 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. State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). God asked Cain in Genesis. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. A proven leader in online delivery for more than 25 years. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. I can picture the boys still, Rodvald said. 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. See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). Attorneys licensed in Minnesota and North Dakota. Related to Dennis Jurgens | Joanne Jurgens | Joshua . 628.26 (1965). See State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981). 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). Share with Us. 6, 2. 117 W Robert St, Crookston . 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. Appellant does not seriously question that the state has convincingly proven her criminal conduct associated with the death of her son 23 years ago. This was defined as the defendant's causing the death of another: Minn.Stat. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. 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]. 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. May 3, 1988. Review Denied July 6, 1988. . Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. The state has conceded at oral argument that June Bol's testimony was critical to its case. [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. (507) 351-5738 (Aerial Communications) is used to contact Kelly. The jury found Jurgens was not mentally ill at the time of the offense. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. [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. Robert is related to Melissa Ann Quick and Sydney Lowe Richards as well as 3 additional people. We hope that you continue to enjoy our free content. In 1986 he enlisted in the US. 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. Private Schools. 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." 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. Jurgens requested the submission of second degree manslaughter as a lesser-included offense. Find a Pet All About Pets . One or two I remember wept as we sat in their backyards. She was 36. Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. The adults were all friends. See Stoner v. Graddick, 751 F.2d 1535, 1544 (11th Cir. Id. The majority likewise cites the absence of evidence proving other than felonious assault of the child. denied (Minn. March 18, 1987), the statements were made to a social worker who took notes and had no reason to fabricate. 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. Be Proactive. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. He testified Dennis had landed on his stomach at the bottom of the stairs. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn Find your niche on-campus or online. Get this St. Generally cloudy. He left the force on permanent disability in 1975 and moved to Elk River, claiming to the end he did not interfere despite testimony to the contrary. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. Select this result to view Robert James Jurgens's phone number, address, and more. The autopsy showed an injury to the tip of the penis. We recognize the state has the burden of establishing intent, as with any other element of the offense. When I was living in White Bear Lake, my wife was pregnant with our first child. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. The average household income in the 3rd Avenue area is $65,804. Sign up for our free summaries and get the latest delivered directly to you. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. She had also received *549 harassing telephone calls which she thought were from Jurgens. Robert - Then and now. 609.205(1) & 609.20(2) (1965). CRARY REAL ESTATE. You didnt comment on how someone else raised their kids., To Markoe Hanson, the Jurgens case was a dark point in our history. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. 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. 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. 1 and 2 (1965). View the profiles of professionals named "Robert Jurgens" on LinkedIn. 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. Did the court err in not allowing Jurgens to waive the statute of limitations on a lesser-included offense? She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. Atty., St. Paul, for respondent. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . Dr. Jurgens is on Doximity. I wasnt as interested in Lois and why Harold didnt step in. My dad said people minded their own business. She demanded to know the truth about her son's death. Did the trial court err in refusing to dismiss the indictment? 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. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. Be Nice. Create a Website Account - Manage notification subscriptions, save form progress and more.. Website Sign In Did the story affect him at the time? 321 West Robert Street, Crookston 0.1 miles. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . Another neighbor, Kathy (Bucholz) Rodvald, remembers seeing the hearse parked in the Jurgens driveway that Palm Sunday. The bruises were still visible on the now leathery brown skin. 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 trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Given the evidence of the degree of force involved, we believe the jury could not have *554 distinguished the intent to inflict great bodily harm from the intent only to inflict bodily harm but with a dangerous weapon. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. 4. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. There was no smoking gun piece, Siegel said. 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. June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. Jurgens had sought to dismiss the grand jury indictment for failure to submit a manslaughter charge, which would have required such a waiver. Robert passed away on June 26 2002, at age 80. 1 and 2. 3131 Sumter Ave N #202, Minneapolis, MN 55427, lived here in 2011 - 2012 $1,290: C . racist or sexually-oriented language. 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."). View Public Record Results ✓ Addresses. Our neighborhood was fantastic, she said. His nose was blood red and peeling and there were fingernail marks behind his ears. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. I would look at those basement stairs and think about Dennis being pushed down them.. That is what killed Dennis: infectious fecal material had flowed into his abdomen. Did the court err in admitting the hearsay statement? You're more than a number herewe're family. In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. at 846-47. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). As the dissent points out, the evidence did not establish how the trauma was inflicted. October 29, 1993. . Emergency Phone . Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. 804(b)(5). We thought she was a witch.. accounts, the history behind an article. 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." This appeal is from a judgment of conviction and sentencing for third degree felony murder, Minn.Stat. See State v. Warren, 419 N.W.2d 795 (Minn.1988). Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. June Bol's testimony did not have substantial probative value, not only because the state established the battered child syndrome, but also because the statement did not establish Lois Jurgens had been "at it" any more severely than in the past, when her abuse had not resulted in any fractures or internal injuries. Thank you for reading! Jim was relieved someone was eventually charged, Honsa said. The judge stated the threat of criminal prosecution was past. 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. None of those circumstances are present here. Court of Appeals of Minnesota. 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. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. 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. 609.115, subd. 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 . Teambackers Homepage. . Jurgens was granted her right of allocution. The verdict form does not indicate on which count Jurgens was convicted. 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 . Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . Jurgens contends the murder prosecution should be barred under principles of estoppel. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. 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. 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 . . The evidence was sufficient to support the conviction. If it has done so at all, the state has barely met its burden in a murder prosecution to show an underlying felonious assault. He does think fondly of the community. The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). He testified there was a linear bruise on the upper abdomen. I went to Dennis' bedroom I saw Lois picking Dennis up out of his crib, she kept yelling his name "Dennis, Dennis, Dennis". 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. The trial court did not abuse its discretion in failing to order a presentence investigation. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. Jurgens also contends she sought submission of first degree manslaughter. Minn.Stat. Robert Gurgens is a resident of Minneapolis. Appellant Lois Jurgens was indicted on January 30, 1987 for one count of second degree murder and two counts of third degree murder. 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. Official website of Roman Catholic Diocese of Crookston. 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. STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. OXFORD REALTY, LLC. Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. A fight erupted between defendant and Nelson. 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). Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . 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. 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. 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 . Minn. Stat. Delwin Dale Jurgens was born on November 10, 1949, in Windom, Minnesota to the late Dale Robert and Beverly Ann (Doherty) Jurgens. On October 19, 1968, Delwin was united in marriage to Judith Ann Eidem at the St. Francis Xavier Cath 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. See Minn. Stat. 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. 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. 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. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. Jurgens does not claim significant prejudice in defending the homicide charge itself. Linda L Peterson. 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. Check Availability. 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. The Minneapolis Clinic records, which Jurgens claims were illegible, were particularly important because Jurgens was examined there in September 1965, only five months after Dennis' death. Dr. Woodburn testified there were from 50 to 100 bruises on Dennis' body at the time of death. The cases cited by the state do not support the admission of the Bol testimony. 2d 844 (1973) (emphasis in original). 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. Post Office. Find Joshua Jurgens in Saint Paul, MN - phone, address, email.
