804(b)(5). May 3, 1988. Review Denied July 6, 1988. . 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. United States v. Marion, 404 U.S. 307, 324, 92 S. Ct. 455, 465, 30 L. Ed. As the dissent points out, the evidence did not establish how the trauma was inflicted. See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. For these reasons, appellant is entitled to a new trial, and I respectfully dissent. Fisher Avenue And Barrette St, Crookston, MN 56716. The trial of Lois Jurgens for the murder of 3yearold Dennis made national headlines and was the to Someone killed him., Joan Honsa still lives in the same house on Sandra Lane she shared with Jim, who died 11 years ago from cancer. You're more than a number herewe're family. 121 W Robert St Crookston, MN, 56716. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). 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. 1988). Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. This appeal is from a judgment of conviction and sentencing for third degree felony murder, Minn.Stat. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. 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. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. The adults were all friends. A fight erupted between defendant and Nelson. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. Abels blood cries out from the ground, God replied. Previously, Robert was the Co-Founder & Chief Financi al Officer & Robert Jurgens, Minnesota (6 matches): Phone Number, Email, [*] Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. View Public Record Results ✓ Addresses. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). In this case, we do not know how the injury was inflicted. 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. She did establish that some of her medical records had been lost or destroyed. Related to Joann Jurgens | Joshua . I was writing the book with my little baby next to me. I also wanted to write about the evolution of our understanding of child abuse. Low 18F. The cases cited by the state do not support the admission of the Bol testimony. Lookup the home address, phone numbers, email address for this person . His nose was blood red and peeling and there were fingernail marks behind his ears. 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. 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. 5. The supreme court has held that evidence establishing the battered child syndrome, together with other circumstantial evidence, is sufficient to support a conviction for homicide or assault. CRARY REAL ESTATE. 804(b)(5). Get directions view our pets. Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. Twedts older brother Tom Neely offered one vivid recollection. Jurgens does not claim significant prejudice in defending the homicide charge itself. His Bit-Beast and Beyblade is Griffolyon. Robert Gurgens is a resident of Minneapolis. Photos of Lois Jurgens, an American convicted murderer. They were very quiet. 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. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). Sep 2014 - Nov 20206 years 3 months. 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. Culpable negligence includes: State v. Beilke, 267 Minn. 526, 534, 127 N.W.2d 516, 521 (1964). There was no smoking gun piece, Siegel said. He was 41 when it published. The trial court did not abuse its discretion in failing to order a presentence investigation. 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. 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. It is part of the "Grand Forks, ND-MN Metropolitan Statistical Area" or "Greater Grand Forks".Crookston is the episcopal seat of the Roman Catholic Diocese of Crookston.Crookston is partially a commuter town to the larger city of Grand Forks, North Dakota. Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. State ex rel. Gen., Tom Foley, Ramsey Co. This case arises from the stabbing death of James Nelson at a party in Crookston. accounts, the history behind an article. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. From the injury to Dennis' small bowel and medical testimony as to the force required to inflict that injury, the jury could have inferred the intent to inflict great bodily harm which the aggravated assault statute required. He happened to be in the hospital for pneumonia when their house burned down in November of 65. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. She was allowed her right of allocution, though she did not exercise it. (PSI not required if extensive examination of defendant was otherwise made). 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. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. That was the reason for this case, McGee believed. The bruises were still visible on the now leathery brown skin. I am not my brothers keeper, Cain answered. 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 jury was instructed hands or feet could be "dangerous weapons." each comment to let us know of abusive posts. Dr. Paul Jurgens, MD is a cardiologist in Minneapolis, Minnesota. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. Jurgens objected to this testimony. 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. At the age of five years old, Robert Jurgens was woken up by noises in his home. . She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. The Municipal League letter from Chairman George Gallup to Georgia Hillman, then secretary-treasurer of the White Bear Lake Chamber of Commerce, read I salute the citizens of White Bear Lake whose effective action has won this award and sincerely hope they will view this honor as a further incentive to play a positive role in the affairs of their community.. 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, Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. 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. When her mother died, Rodvald said Lois Jurgens sent a sympathy card. Threats of harming another The United States Supreme Court reasons: Keeble v. United States, 412 U.S. 205, 212-13, 93 S. Ct. 1993, 1997-98, 36 L. Ed. Virgil was born on January 26, 1954 at Columbus, OH, the son of Virgil Robert and Margaret (Tiede) Love Sr. 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 . 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." "I remember waking up hearing loud screams. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. He was baptized at an early age and later confirmed at the St. Francis Xavier Catholic Church in Windom. 321 West Robert Street, Crookston 0.1 miles. Plus, 24 hour towing and recovery for all sized rigs. The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. Jurgens also contends she sought submission of first degree manslaughter. Robert lived in 1930, at address, Illinois. See Loss, 295 Minn. at 281-82, 204 N.W.2d at 410 (defendant's exclusive control, prior abuse, medical testimony that death was not accidental, and battered child syndrome are sufficient to exclude rational hypothesis of innocence). 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. 321 W Robert Street Crookston, MN 56716. Midcontinent Communications offers the fastest internet access. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. In 1986 he enlisted in the US. WHITE BEAR LAKE, Minn. . His adoptive mother, 39 at the time, said he fell down the basement stairs. We assume that Sam Arnold and Yong Ban were among 27 dwellers or residents at this place. The child was extensively bruised, had a skull fracture, had received two recent injuries, and, according to medical testimony, could not have been fatally injured in the manner described by the stepmother. 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. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. Blond hair still covered the top of the head, as did a crown of withered flowers (placed by Honsa), Siegel relayed in a chapter called A Cry From the Ground.. A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. Dr. Votel, who viewed the body, testified that he felt Dennis was a battered child, that he was told White Bear Lake police were investigating the death, and that he marked the mode of death on the death certificate as "deferred" to await further information from the investigation. Robert D Peterson. 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. denied, 431 U.S. 916, 97 S. Ct. 2178, 53 L. Ed. 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. 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). See id. Get an email notification whenever someone contributes to the discussion. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. Burnsville, MN (1) Champlin, MN . As a child he moved with his family to. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. 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. 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. 117 W Robert St, Crookston, MN 56716. C3-87-1165. Winds light and variable.. Known Residents. Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. Dr. McGee testified to his exhumation of the body in January 1987. Monday - Friday 8:30 a.m. - 5 p.m. 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. He is the team captain of the Majestics. 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. Minn. Stat. So did the cops and the mortician who embalmed Dennis. Delwin received his education in the Windom Public Schools. However, we are not bound by this concession to ignore the plain state of the evidence. There was virtually no evidence of significant *556 abuse by Harold Jurgens. Joel Jurgens with Forest Pathology at the University of Minnesota : B. Arenz : R. Blanchette : T. Burnes : B. 875 (1935) (discussing whether defendant had waived the statute of limitations). Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. He also testified Jurgens told him in 1987 the fall down the stairs occurred a week before the death. Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. When his mother said she was going to be investigated because of his brother's death 22 years ago, "I View 301 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. 2182814215. No ACT/SAT Needed for Admission. Jurgens contends the 22-year pre-indictment delay was a denial of due process and that the prosecution should be estopped from altering its 1965 decision not to bring criminal charges. . Give. See Minn. Stat. It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. Teambackers Homepage. 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. 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. He does think fondly of the community. 1400 students. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. I wasnt used to going to pancake breakfasts and I remember I was surprised not to have to pre-pay for gas. Dr. Jurgens is on Doximity. A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. 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. Minn. Stat. *547 Hubert H. Humphrey, III, Atty. That summer of 65, the city celebrated the honor. 3131 Sumter Ave N #202, Minneapolis, MN 55427, lived here in 2011 - 2012 $1,290: C . 609.205(1) & 609.20(2) (1965). Phone: : 218-281-3111. Delwin Dale Jurgens was born on November 10, 1949, in Windom, Minnesota to the late Dale Robert and Beverly Ann (Doherty) Jurgens. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. See State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981). Robert Johnson's passing at the age of 69 on Saturday, June 11, 2022 has been publicly announced by Stenshoel-Houske Funeral Home in Crookston, MN.According to the funeral home, the following services

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