Times Staff Writer. 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. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. In any event, the supreme court indicated in State v. Adams, 295 N.W.2d 527, 533 (Minn.1980), that first degree manslaughter should be submitted only when the underlying crime is a misdemeanor or a crime against property. 1.72 acres lot - Lot / Land for sale. He testified his mother ran down the stairs after him and started to hit and . Select this result to view Robert James Jurgens's phone number, address, and more. Bol testified that at the time of the conversation she was on good terms with the Jurgenses. 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. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. Minn.R.Evid. CRARY REAL ESTATE. Minn.Stat. However, he had no authority to make any promise concerning prosecution. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. Winds light and variable.. Did the story affect him at the time? 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. Id. Supreme Court of Minnesota. See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. 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. Karen Kay Raymond Karen Kay Raymond, 66, of Crookston passed away late Friday morning, January 13, 2023, in Sanford Medical Center, Fargo, N.D., with family at her side. 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). Many of the events used in the books background Siegel found in Minnesota Historical Society archives, White Bear chamber scrapbooks and an unlimited access on Sunday afternoons to the White Bear Press bound volume collection at the newspaper office. . There is no indication, however, that she incriminated herself in that examination. $21,000. 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. They were still very upset about it 23 years later what they should have done and could have done. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. He was baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. 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. . Saint Paul, MN. The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). Siegel interviewed more than 100 people for his book, which took about 18 months to write. The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . Crookston. You're more than a number herewe're family. . He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. My dad said people minded their own business. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. View Public Record Results ✓ Addresses. Dr. Sturner testified the bowel injury occurred 12 to 36 hours before death, was caused by external blunt trauma (most likely to the mid-abdomen), and that, while some of Dennis' bruises could have resulted from the falls described by the parents, the bowel injury could not have occurred in such a manner. 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. At some point during the fight, which did not last long, Nelson grabbed . [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. He does think fondly of the community. Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . Did the trial court err in refusing to dismiss the indictment? See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). He re-examined the small bowel and reviewed the 1965 autopsy report. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. Culpable negligence may include an element of intentional conduct. A permissible inference of guilt arises from the factors in Loss: the defendant's exclusive control over the child, a pattern of prior abuse, and nonaccidental cause of death. 609.195(2) (1965). The predicate felony charged against Jurgens was aggravated assault, requiring that she intentionally inflicted great bodily harm or assaulted Dennis with a dangerous weapon. See Stoner v. Graddick, 751 F.2d 1535, 1544 (11th Cir. See id. His current phone number is (218) 281-1790. Many in the neighborhood thought it was more than that. . Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! Related to Dennis Jurgens | Joanne Jurgens | Joshua . Court of Appeals of Minnesota. 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. 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? The population was 7,482 at the 2020 census. [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. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). 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. 531 days on Zillow. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. Our Saviors Lutheran Day School Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. Experienced and local lawyers. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. The charges arose out of the death of Dennis Jurgens, Jurgens' adopted son, on April 11, 1965, and the October 1986 change in the death certificate from "deferred" to "homicide." Jurgens objected to this testimony. She also contends the indictment should have been dismissed because it was based on illegal evidence. 1 and 2. The small child was in perfect, if weathered shape, like an ancient man preserved in time. Robert passed away on June 26 2002, at age 80. Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. Generally cloudy. See Schleret, 311 N.W.2d at 847. Robert V Jurgens in 1930 United States Federal Census. One or two I remember wept as we sat in their backyards. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. 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. Harold told relatives he was going to be out of town the weekend of April 10 and 11, 1965. You have permission to edit this article. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. $125,000. Paul T. Jurgens, Christina L. Aquilante . Official website of Roman Catholic Diocese of Crookston. 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. 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."). 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 [email protected] . 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. See State v. Durfee, 322 N.W.2d 778 (Minn. 1982) (battered child syndrome evidence in prosecution for first degree assault, requiring intent to inflict bodily harm). A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. His birthdate is September 15, 1941, making him 81. 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. Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . 609.115, subd. The trial of Lois Jurgens for the murder of 3yearold Dennis made national headlines and was the to Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. 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. He testified Dennis had landed on his stomach at the bottom of the stairs. 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. Attorneys licensed in Minnesota and North Dakota. 609.205(1) (1965). Be Nice. The state here established not only the battered child syndrome, admitted by the defense, but Jurgens' exclusive control, the improbability of an accidental cause, and medical testimony that the death could not have been caused by an accident as described by the Jurgenses. We'd love to hear eyewitness 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. Robert V Jurgens was born circa 1922, at birth place, Illinois, to Claus Jurgens and Eva H Jurgens. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. 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. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). Robert had 2 siblings: Melvin A Jurgens and one other sibling. 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, 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. 19 Sep 2020 / by / in Uncategorized robert jurgens crookston mn Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. . Minn. Stat. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. She came after me like a mad man, with crazy eyes, Neely recalled. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). 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. Jurgens contends the murder prosecution should be barred under principles of estoppel. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! Intent is generally to be inferred from the nature of the act and surrounding circumstances. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. 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). It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. 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. He grew up in Columbus and was a graduate of Ft. Knox High School there. However, we are not bound by this concession to ignore the plain state of the evidence. Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). Bob was born in Williston, ND, on September 4, 1937, and was one of six children of the union of Berthel J. and Clara (Weirson) Johnson. . Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. HUD for a two-bed apartment in Polk County. We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. To all appearances, they were a normal midwestern family, but Jerry suspected that something sinister had happened in the Jurgens household. As the dissent points out, the evidence did not establish how the trauma was inflicted. 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. 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. I also wanted to write about the evolution of our understanding of child abuse. Dr. Perkins, a clinical psychologist who administered and interpreted various psychological tests, had also tested Jurgens in 1967. Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . Don't Threaten. He testified there was a linear bruise on the upper abdomen. It was definitely seen as a cover up after the fact.. 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. 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. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. 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. 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. See Minn. Stat. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. She doesnt remember much about the case, except it sounded fishy at the time. . He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . 431 Robert St E, Crookston, MN 56716 is pending. Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. Minn. Stat. Heard, considered, and decided by WOZNIAK, C.J., and CRIPPEN and SCHULTZ,[*] JJ. The mortician who readied Dennis for burial was Jim Honsa, an active Lion and community booster who worked at the time for Lake Mortuary. Share with Us. She objected to omission of this charge when jury instructions were discussed. He identified a perforation of the ileum, or small bowel, as the cause of seepage of gastrointestinal material into the peritoneal cavity, causing peritonitis. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). 2315 North Acres Drive, Crookston, MN, 56716. 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. No racism, sexism or any sort of -ism Robert Jrgens ( Ralf Jrgens) is a character in the Original Series, consisting of Beyblade and Beyblade: G-Revolution. 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). Teambackers Homepage. Someone just sent me a picture of the house in rural Stillwater the Jurgens moved into in 1967, Siegel said. Crookston, MN 56716 [email protected] (218) 281-4168. Bester, Robert - Died in 2019. 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." 875 (1935) (discussing whether defendant had waived the statute of limitations). While growing up John moved with his family to St. Paul, MN and then to Georgia. [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. I grew up in LA so it was like living in a different world. United States v. Marion, 404 U.S. 307, 324, 92 S. Ct. 455, 465, 30 L. Ed. I remember the exhumation of the grave and the trial in the 80s. Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! . 2022-23 Brochure. They were very quiet. There is no indication the trauma to Dennis Jurgens was a misdemeanor assault. No. Marker Address Rent ? 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. 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. University of Minnesota Cardiovascular Disease Fellowship. Age 56 (218) 281-1761. And Lois would yell at us if we stood on their street corner. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . A fight erupted between defendant and Nelson. That was the reason for this case, McGee believed. (218) 281-5488. He received his medical degree from McGaw Medical Center of Northwestern . 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. It heightened my feelings, although they were already strong, Siegel replied. 321 West Robert Street, Crookston 0.1 miles. The state has conceded at oral argument that June Bol's testimony was critical to its case. Here, the circumstantial evidence on appellant's underlying criminal act mandates consideration of a lesser included homicide of manslaughter. . God asked Cain in Genesis. See Minn.Stat. You can explore additional available newsletters here. A distinguished clergy member accused of sexually abusing a teenage boy at the Diocese of Crookston about 40 years ago has broken his silence to deny the allegations. Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. 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." Siegel talks about twists of fate on his website and how often critical events arise out of random chance. 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. 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. In order to show a pre-indictment delay violates due process, a defendant must establish. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. 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. Find Robert Proulx's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. 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." Jail records, court & arrest records, mugshots and even judicial reports. 609.19 and 609.195(2) (1965). Jurgens had requested an instruction on second degree manslaughter (death resulting from culpable negligence). 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. Recruits. WHITE BEAR LAKE, Minn. . 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. 201 days on Zillow. 1 acres lot - Lot / Land for sale. We must also decide whether a first degree manslaughter instruction was appropriate here; any possible finding this instruction was waived is inappropriate where the trial court evidently took the erroneous position that lesser-included offenses were barred by the statute of limitations that appellant wished to waive. 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). each comment to let us know of abusive posts. 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