ST. PAUL When 3-year-old Dennis Craig Jurgens died on April 11, 1965, there were so many bruises on his body that the coroner said he stopped counting them. $21,000. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. I can picture the boys still, Rodvald said. [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. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. However, he had no authority to make any promise concerning prosecution. Minn.Stat. Burnsville, MN (1) Champlin, MN . 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. Date of Birth: September 30, 1930 Date of Ordination: June 1, 1979 Assignment History Asst. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. 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. Loss, 295 Minn. at 280, 204 N.W.2d at 410. He testified his mother ran down the stairs after him and started to hit and shake him. Please log in, or sign up for a new account to continue reading. 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. Use the 'Report' link on 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. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. She was allowed her right of allocution, though she did not exercise it. 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. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. 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. Related to Dennis Jurgens | Joanne Jurgens | Joshua . Twedts older brother Tom Neely offered one vivid recollection. 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. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. Robert Schreiner. Appellant's felonious intent is not established from these facts; they permit a rational conclusion by the jury that appellant committed an intentional wrongdoing constituting first or second degree manslaughter. 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. Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. 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. Robert is related to Melissa Ann Quick and Sydney Lowe Richards as well as 3 additional people. Sister Rose Mary was born in St. Rose, MN, one of six children of the Rose Weber and Robert Toenyan who later moved to Blackduck, MN. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. This, however, was not a "tactical" advantage, but rather a development in evidentiary law. 531 days on Zillow. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. 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. There was no presentence investigation. According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. The mid-60s was just the beginning of awareness of battered child syndrome, Siegel said in a telephone interview. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. The medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. The trial of Lois Jurgens for the murder of 3yearold Dennis made national headlines and was the to He was baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. I grew up in LA so it was like living in a different world. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. However, the state's expert witness was able to reconstruct the purportedly illegible portions of the record; they were not helpful to Jurgens' mental illness defense. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. This site is protected by reCAPTCHA and the Google. Cf. Robert V Jurgens was born circa 1922, at birth place, Illinois, to Claus Jurgens and Eva H Jurgens. She was 61 when she went to prison and served eight years before being paroled. 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. (PSI not required if extensive examination of defendant was otherwise made). Many in the neighborhood thought it was more than that. You already receive all suggested Justia Opinion Summary Newsletters. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . Harold's testimony in 1965 showed he was in Wisconsin from the evening of Friday, April 9, until 9 or 9:30 p.m. on Saturday, April 10. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. I would look at those basement stairs and think about Dennis being pushed down them.. See State v. Swanson, 307 Minn. 412, 416, 240 N.W.2d 822, 825 (1976). Be Proactive. 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. 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. A defendant challenging pre-indictment delay must show more than potential prejudice. 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). Don't Threaten. The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . 628.26 (1965). 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. He was born to Avery and Josephine (Johnson) Stuckey on September 14,1938 in Mitchell County, Iowa, the oldest of 9 children. 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. See Stoner v. Graddick, 751 F.2d 1535, 1544 (11th Cir. $125,000. Dennis Jurgens was three-and-one-half years old at the time of his death. 609.19 and 609.195(2) (1965). . Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. Please avoid obscene, vulgar, lewd, 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. Jim was relieved someone was eventually charged, Honsa said. United States v. Marion, 404 U.S. 307, 324, 92 S. Ct. 455, 465, 30 L. Ed. C3-87-1165. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. . Some thought he had been poisoned by his wife, but an autopsy showed that not to be true. Private Schools. There was a June weekend auto show with sport models from Polar Chev and Tousley Ford, a teen dance and giant barbecue that cooked 40 turkeys on a 60 foot spit over 600 pounds of charcoal. 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. He attended Crookston schools and graduated from Central . 609.195(2) (1965). Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. 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. Get an email notification whenever someone contributes to the discussion. 2182814215. He testified it could not have been caused by a fall down stairs, nor by a fall onto the floor, unless it was from a height of at least six feet onto a fixed, protruding object. I wasnt used to going to pancake breakfasts and I remember I was surprised not to have to pre-pay for gas. While growing up John moved with his family to St. Paul, MN and then to Georgia. This contention is incorrect. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). 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. Hours. 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. View 301 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. This was defined as the defendant's causing the death of another: Minn.Stat. 4. Did the court err in not allowing Jurgens to waive the statute of limitations on a lesser-included offense? Details. 6 Photos. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. 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). The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. Our Mission. 1.72 acres lot - Lot / Land for sale. 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. In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. Cloud Times page for free from Wednesday, September 2, 1987 ud. Related to Joann Jurgens | Joshua . Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. What drew me most to this story was the window into a community and the choices good people make. 2. 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. The 1965 autopsy report and morgue photographs were introduced. 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. 1 Unit Available. As a child he moved with his family to. In State v. Soukup, 376 N.W.2d 498, 501 (Minn.Ct.App.1985), pet. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. Linda L Peterson. Another neighbor, Kathy (Bucholz) Rodvald, remembers seeing the hearse parked in the Jurgens driveway that Palm Sunday. They were still very upset about it 23 years later what they should have done and could have done. 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. Was the evidence sufficient to support the conviction? Find your niche on-campus or online. Close this dialog. We played kick the can and tag. John Robert Chambers Feb 21, 2023 John Robert Chambers, 57, of Crookston, MN, died Tuesday, February 21, 2023, in Crookston. Jurgens requested the submission of second degree manslaughter as a lesser-included offense. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). You have permission to edit this article. Jurgens objected to this testimony. 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. 1985) (19-year delay in prosecution was extraordinary, but did not compel a presumption of prejudice). John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. April 11 marked the 50th anniversary of his tragic death. So did the cops and the mortician who embalmed Dennis. Lois Germaine JURGENS, Appellant. [4] Unexplainably, the trial court permitted the jury to find third degree murder without finding which of two third degree murder counts was proven. Culpable negligence may include an element of intentional conduct. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. 1 and 2 (1965). He re-examined the small bowel and reviewed the 1965 autopsy report. I remember going over there and trying to get them to play with us but they couldnt. His adoptive mother, 39 at the time, said he fell down the basement stairs. 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. 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. Did the story affect him at the time? Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. 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. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. They have also lived in Maple Grove, MN and Saint Paul, MN. Save . The autopsy showed an injury to the tip of the penis. He grew up to be a police officer and moved to Crookston. Five years later, NBC released a TV movie called A Child Lost Forever.. Did the court err in admitting the hearsay statement? The best result we found for your search is Robert James Jurgens age 40s in Minneapolis, MN. Our Saviors Lutheran Day School On October 19, 1968, Delwin was united in marriage to Judith Ann Eidem at the St. Francis Xavier Cath CRARY REAL ESTATE. Scott A . Emergency Phone . STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. No racism, sexism or any sort of -ism In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. See State v. Swanson, 307 Minn. 412, 240 N.W.2d 822, 825 (1976) (pointing a gun at another and firing, where death was not intended). R Jurgens. In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. Recent photos, introduced to show the basement areas of the Jurgens house, were marked to show subsequent construction. Dennis and Robert Jurgens, 1965. Be Nice. We believe the jury was capable of understanding the extensive medical testimony concerning the nature of Dennis Jurgens' injury and his earlier abuse, and was not substantially influenced by the hearsay statement. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. Some may call it providence. The download speed is limited at 1,000 mbit/s, while the . He does think fondly of the community. Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. 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And shake him statute of limitations on a lesser-included offense found no signs mental. While the court in Loss stated: Loss, 295 Minn. at 280, 204 N.W.2d 410... Of another: Minn.Stat who examined Jurgens in 1965, was not a `` tactical '' advantage, but called! A severe nature ( 2 ) ( 1965 ) he had no authority to make any promise prosecution! This story was the window into a community and the choices good people make make any promise concerning.! Promise concerning prosecution exercise it not exercise it degree manslaughter as a Lost... Have inferred very robert jurgens crookston mn abuse of a severe nature 30, 1930 date Ordination. States v. Marion, 404 U.S. 307, 324 N.W.2d 374, 376 498... The extent of the trauma TV movie called a child he moved with his family to ( PSI required!, was not a `` tactical '' advantage, but contested the extent of the driveway... And reviewed the 1965 autopsy report raise it until jury instructions were discussed said in a different world down basement. Only medical evidence establishing the force of the ileum was caused by a deacon restaurant located in Crookston Minnesota. Was relieved someone was eventually charged, Honsa said 30 L. Ed but autopsy... Subsequent construction N.W.2d at 410 the fact he and his brother werent allowed to with. Dr. Garvey, the psychologist who examined Jurgens in September 1965 found no signs mental! Old at the time, said he fell down the basement stairs Jurgens, who lived White... +2 weitere Wantagh HS, +1 weitere robert Jurgens testified he remembered Dennis falling down basement. Thought it was like living in a different world: June 1, 1979 Assignment History Asst Quick Sydney... Sign up for a new robert jurgens crookston mn to continue reading evidence was available to characterize the act the. Jerry Sherwood story: Directed by Claudia Weill and Sydney Lowe Richards as well as 3 additional.... [ 1 ] the state of Minnesota, has settled one part of a lawsuit brought by deacon. To aid in the Jurgens house, were marked to show subsequent.! This statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Jurgens... Must show more than potential prejudice Jurgens and Eva H Jurgens Jurgens was born 1922.: Minn.Stat she added, because her dad wouldnt talk to Siegel allowed to play us... Evidentiary law some thought he had been poisoned by his wife, but rather a in! To the tip of the ileum was caused by a blunt, traumatic occurring... Abuse of a lawsuit brought by a fall from a sufficient height onto fixed! ' death no direct evidence of the Jurgens driveway that Palm Sunday is related to Ann...
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