Jurgens does not claim significant prejudice in defending the homicide charge itself. The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. You have permission to edit this article. 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. 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). Monday - Friday 8:30 a.m. - 5 p.m. [3] The series of battered child syndrome cases beginning with Loss have affirmed the principle that circumstantial proof of manslaughter can be inferred from the evidence present here: evidence of an assault and the presence of the battering syndrome, along with defendant's exclusive control. Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. We played kick the can and tag. His nose was blood red and peeling and there were fingernail marks behind his ears. Give to Golden Eagle Athletics. He does think fondly of the community. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. Centurion, South Africa. 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. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. This was defined as the defendant's causing the death of another: Minn.Stat. He identified a perforation of the ileum, or small bowel, as the cause of seepage of gastrointestinal material into the peritoneal cavity, causing peritonitis. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. 1988). 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. Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. Minn. Stat. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. In this case, we do not know how the injury was inflicted. 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. 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. 609.195(2) (1965). 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. Be Nice. Feb. 29, 1988 12 AM PT. . C3-92-2279. 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. 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. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. As the dissent points out, the evidence did not establish how the trauma was inflicted. Emergency Phone . In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. Robert is related to Melissa Ann Quick and Sydney Lowe Richards as well as 3 additional people. Dr. McGee conceded that battered child syndrome is not a cause of death, but testified the syndrome helps support a finding of homicide. 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 . State v. Torkelson, 404 N.W.2d 352, 357 (Minn.Ct.App.1987), pet. 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. $125,000. CROOKSTON, MN (www.advanced-towing.com) Advanced vehicle service and tires. 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. It was definitely seen as a cover up after the fact.. . Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. Abels blood cries out from the ground, God replied. 321 W Robert Street Crookston, MN 56716. v. 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." White Bear Lake was recognized as an All-America City in April 1965. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . 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. McGee thought about the book of Genesis. Share with Us. 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. State ex rel. A vintage 1940-style white felt pillbox hat plumed with a feather and veil sat atop her head.. 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. (PSI not required if extensive examination of defendant was otherwise made). High 32F. 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. The states historic flood in March of 1965 was mentioned, as was LBJs arrival on Air Force One to view the natural disaster. 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. 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. Siegel talks about twists of fate on his website and how often critical events arise out of random chance. None of those circumstances are present here. 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. Minn. Stat. He was a faculty member at the University of Minnesota from 1974 to 1998, and he was the head of the Department of Agronomy . Pastor: Cathedral of the Immaculate Conception, Crookston 1979-80 . She did establish that some of her medical records had been lost or destroyed. Date of Birth: September 30, 1930 Date of Ordination: June 1, 1979 Assignment History Asst. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. 609.19 and 609.195(2) (1965). Linda L Peterson. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. 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. STATE of Minnesota, Respondent, You already receive all suggested Justia Opinion Summary Newsletters. 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. (218) 281-3375. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. See id. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. The jury was instructed hands or feet could be "dangerous weapons." Jurgens was granted her right of allocution. 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. 1400 students. 1. Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. At some point during the fight, which did not last long, Nelson grabbed . Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. She also contends the indictment should have been dismissed because it was based on illegal evidence. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. View the profiles of professionals named "Robert Jurgens" on LinkedIn. View Public Record Results ✓ Addresses. Minn.R.Evid. 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. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. He grew up in Columbus and was a graduate of Ft. Knox High School there. There was also talk years earlier of Lois starting the fire that killed her mother-in-law. . Moreover, there is no indication it was foreseeable in 1965. He attended Crookston schools and graduated from Central . 609.205(1) (1965). Harold Jurgens, who visited his wife regularly at the prison, died in 2000. 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. The difference was this time the medical examiner immediately thought child abuse.. [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. He . Golden Eagle Insider Podcast. info@scruffytails.org (218) 281-7225. view our pets. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. The trial court did not abuse its discretion in failing to order a presentence investigation. Held : J. Jacobs . Get directions view our pets. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. Our neighborhood was fantastic, she said. Dr. Woodburn testified there were from 50 to 100 bruises on Dennis' body at the time of death. And Lois would yell at us if we stood on their street corner. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. Jim was relieved someone was eventually charged, Honsa said. 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. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. Minn. Stat. 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. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. 2182814215. 6, 2. One or two I remember wept as we sat in their backyards. 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." The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. Culpable negligence may include an element of intentional conduct. Sherwood had discovered the coroner never ruled on the actual cause of death; they had just buried the body in St. Marys Cemetery. 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. The book makes our neighborhood sound creepy, but it wasnt.. Rev. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. Did appellant cause the fall by striking, throwing, tripping or pushing the child? His current phone number is (218) 281-1790. A proven leader in online delivery for more than 25 years. [4] Unexplainably, the trial court permitted the jury to find third degree murder without finding which of two third degree murder counts was proven. The jury found Jurgens was not mentally ill at the time of the offense. Robert - Then and now. The small child was in perfect, if weathered shape, like an ancient man preserved in time. . He testified Dennis had landed on his stomach at the bottom of the stairs. The murder conviction here cannot stand. Did the court err in admitting the hearsay statement? Robert D Peterson. . R Jurgens. They were still very upset about it 23 years later what they should have done and could have done. View 29 photos of this 4 bed, 2 bath, 2369 sqft. He attended Crookston schools and graduated from Central High 609.22 (1965). There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. Robert Jurgens is the Owner and President at Robert Jurgens, Cpa based in Wantagh, New York. 609.205(1) (1965). Fax: : 218-281-1410 . 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.
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