Did the trial court err in refusing to dismiss the indictment? Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. 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. . 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). 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." View Tom Jurgens results in Minnesota (MN) including current phone number, address, relatives, background check report, and property record with Whitepages. PLEASE TURN OFF YOUR CAPS LOCK. See State v. Warren, 419 N.W.2d 795 (Minn.1988). Share with Us. 875 (1935) (discussing whether defendant had waived the statute of limitations). The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. Siegel interviewed more than 100 people for his book, which took about 18 months to write. This appeal is from a judgment of conviction and sentencing for third degree felony murder, Minn.Stat. Jurgens reported to the physician that the injuries occurred when she was washing Dennis in the sink and he turned on the hot water. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). Find a Pet All About Pets . Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. Jurgens would have to show this interference did not thwart earlier prosecution. Second degree manslaughter was not required to be submitted as a lesser-included offense. At some point during the fight, which did not last long, Nelson grabbed . John was born in Tacoma, WA on October 13, 1965, the son of James Lee and Deloris Elaine (Goulet) Chambers. She had also received *549 harassing telephone calls which she thought were from Jurgens. 1 Bed $475. A proven leader in online delivery for more than 25 years. Jurgens had sought to dismiss the grand jury indictment for failure to submit a manslaughter charge, which would have required such a waiver. Cf. When prosecuting attorneys at Jurgens pending trial had the toddlers body exhumed in January of 1987, the marks were still there. One of the original investigators, Ron Meehan, remembered the case, as did others involved at the time. And Lois would yell at us if we stood on their street corner. Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. The bruises were still visible on the now leathery brown skin. or anything. He testified there was a linear bruise on the upper abdomen. Gen., Tom Foley, Ramsey Co. 1.72 acres lot - Lot / Land for sale. Find Robert Proulx's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. When his mother said she was going to be investigated because of his brother's death 22 years ago, "I 1 Unit Available. We thought she was a witch.. Siegel wrote that McKees thoughts turned not to the wonders of science, but of religion. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . In 1986 he enlisted in the US. Did appellant cause the fall by striking, throwing, tripping or pushing the child? We hope that you continue to enjoy our free content. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. Sep 2014 - Nov 20206 years 3 months. 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. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. Loss, 295 Minn. at 280, 204 N.W.2d at 410. Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Was the evidence sufficient to support the conviction? Robert Kent Crookston (1943- ) is the associate director of the Brigham Young University Faculty Center. Siegel talks about twists of fate on his website and how often critical events arise out of random chance. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. 2d 844 (1973) (emphasis in original). White Bear Lake was recognized as an All-America City in April 1965. When her mother died, Rodvald said Lois Jurgens sent a sympathy card. Save . 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. Court of Appeals of Minnesota. Jurgens objected to this testimony. Some may call it providence. Moreover, there is no indication it was foreseeable in 1965. Moreover, June Bol admitted having difficulties with Lois Jurgens in the intervening years, making it possible she had some motive to fabricate the story at trial. 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. 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 . Low 18F. Winds SSE at 5 to 10 mph. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. Without leaving Crookston, they have belonged to three congregations in their lifetimes. He knew immediately the two events would be intertwined in his upcoming book: A Death in White Bear Lake: The True Chronicle of an All-American Town. The book was published in 1990 and is still in print. 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. He attended Crookston schools and graduated from Central High 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 . The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). It was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. Minn. Stat. App.1987), pet. *547 Hubert H. Humphrey, III, Atty. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). 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. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. 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. 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. 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). Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! According to her testimony: Bol testified at one point that this conversation occurred in 1971, and later said it was 1973. Also that January, Lois sister (she came from a family of 16 children born to Lois and John Zerwas Sr.) Barbara died of a brain tumor. 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. God asked Cain in Genesis. He received his medical degree from McGaw Medical Center of Northwestern . He also testified Jurgens told him in 1987 the fall down the stairs occurred a week before the death. Please log in, or sign up for a new account to continue reading. See, e.g., United States v. Wild, 551 F.2d 418, 422 (D.C.Cir.1977), cert. 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. I am not my brothers keeper, Cain answered. Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . [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. We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. She also contends the indictment should have been dismissed because it was based on illegal evidence. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. (218) 281-3375. 2. Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. She did establish that some of her medical records had been lost or destroyed. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. 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. She came after me like a mad man, with crazy eyes, Neely recalled. View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Robert Jurgens in Minnesota Robert Jurgens found in Minneapolis, Burnsville and 10 other cities. 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. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. ADVANCED: 218-281-5595 Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. Did the court err in admitting the hearsay statement? [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. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. Hours. 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. Get directions view our pets. Minn.R.Evid. [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. Virgil was born on January 26, 1954 at Columbus, OH, the son of Virgil Robert and Margaret (Tiede) Love Sr. She demanded to know the truth about her son's death. 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." You have permission to edit this article. Robert David Stuckey, age 82, of Crookston, Minnesota, passed away early Thursday morning, August 12, 2021, in Altru Hospital, Grand Forks, North Dakota. In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. 321 W Robert Street Crookston, MN 56716. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. Keep it Clean. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. Call now! 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. . May 3, 1988. Review Denied July 6, 1988. . He was born to Avery and Josephine (Johnson) Stuckey on September 14,1938 in Mitchell County, Iowa, the oldest of 9 children. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. 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. Twedts older brother Tom Neely offered one vivid recollection. Did the story affect him at the time? The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. Where is your brother? The admission of a hearsay statement was harmless error. Select this result to view Robert James Jurgens's phone number, address, and more. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. 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. *555 The jury could have inferred from Dennis' constantly bruised state that he and Lois Jurgens were almost continuously "at it." In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. Virgil Robert Love Jr, 68, of Crookston, MN, passed away unexpectedly of natural causes Monday morning, March 7, 2022, at RiverView Health in Crookston. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! The school bus stopped in front of the Jurgens house and Lois made sure the children stayed off her grass. Appellant had not previously inflicted felonious blows on the child. 117 W Robert St, Crookston, MN 56716. The trial court declined to submit this lesser offense although Jurgens indicated she would waive the three-year statute of limitations applicable to that offense. 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. There are 40+ professionals named "Robert Jurgens", who use LinkedIn to exchange information, ideas, and opportunities. In final argument, Jurgens contended the state had not proved guilt beyond a reasonable doubt. 1988). 6 Photos. . Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. for rev. This was defined as the defendant's causing the death of another: Minn.Stat. The statute in 1965 did not mandate a presentence investigation. However, extensive medical records were available, dating back to 1952, and, while they showed numerous hospitalizations for mental disturbance, none established a major mental illness which would satisfy the M'Naughten standard. December 6 1961 - April 11 1965. Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. The state presented the medical testimony of Dr. Thomas Votel, who was the coroner in 1965; Dr. Robert Woodburn, who performed the autopsy in 1965; Dr. Michael McGee, who is the current Ramsey County medical examiner; and Dr. William Sturner, who is an expert in pediatric forensic pathology. And saw the All-American City sign conclude, however, was rejected in State v. Whiteside, N.W.2d. For sale of culpably negligent manslaughter stayed off her grass lost or destroyed Mamie ( Berg Johnson! 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