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, You already receive all suggested Justia Opinion Summary Newsletters. However, we are not bound by this concession to ignore the plain state of the evidence. The jury found Jurgens was not mentally ill at the time of the offense. White Bear Lake was recognized as an All-America City in April 1965. 720 E Robert St Crookston, MN 56716. (218) 281-5488. Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. 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. The mid-60s was just the beginning of awareness of battered child syndrome, Siegel said in a telephone interview. When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . Close this dialog. View Public Record Results ✓ Addresses. The statement, purportedly made around eight years after Dennis' death and fourteen years before trial, did not have such "circumstantial guarantees of trustworthiness" that it should have been admitted. 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. The jury, however, must have some reasonable basis for concluding that defendant's conduct, while intentional, was not intended to produce the degree of harm that resulted. Without more telling evidence of appellant's intent either to inflict great bodily harm or to assault with a dangerous weapon, she was entitled to have submitted to the jury a lesser included instruction of manslaughter, a crime of homicide founded on an initial intentional act that is not felonious in itself. It may be difficult for a defendant to show, after 22 years, that prosecutorial delay had a particular motive. As a Doximity member you'll join over two million verified healthcare professionals in a private, secure network. People I talked to were puzzled, concerned, trying to figure it out themselves. You're more than a number herewe're family. State v. Norgaard, 272 Minn. 48, 52, 136 N.W.2d 628, 632 (1965). The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. The neighbors I talked to about the case were good people. accounts, the history behind an article. . each comment to let us know of abusive posts. You can explore additional available newsletters here. Robert Schreiner. At the age of five years old, Robert Jurgens was woken up by noises in his home. [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. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! The legislature has determined there should be no statute of limitations for murder. 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.The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . 609.195(2) (1965). Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. PeopleFinders is the best people search for contact info and public records. Thats the bottom line., The murder conviction received local and national attention. 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. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. Notifications from this discussion will be disabled. HUD for a two-bed apartment in Polk County. Details. Cable Modem is the type of internet connection. 2d 226 (holding the limitations can be waived); see also State v. Tupa, 194 Minn. 488, 260 N.W. 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." One of the original investigators, Ron Meehan, remembered the case, as did others involved at the time. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . She was 10 at the time. She demanded to know the truth about her son's death. 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. They were very quiet. 531 days on Zillow. The medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). 609.225, subds. 2. Thus, we do not know whether the jury found an underlying felony assault (1) with intent to inflict great bodily harm or (2) without that intent but with a dangerous weapon. His birthdate is September 15, 1941, making him 81. Please log in, or sign up for a new account to continue reading. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. 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. Midcontinent Communications offers the fastest internet access. . 609.205(1) (1965). Moreover, the confusing verdict also leaves open the possibility that the jury speculated on a dangerous weapon and specifically found the absence of an intent to inflict great harm, a finding that emphatically supports consideration of a manslaughter offense. 628.26 (1965). I remember the exhumation of the grave and the trial in the 80s. 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. Emergency Phone . . 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. 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. I remember going over there and trying to get them to play with us but they couldnt. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. 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." She had also received *549 harassing telephone calls which she thought were from Jurgens. (218) 281-3375. 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: 1987-03-22 When Lois Jurgens telephoned Robert Jurgens' home in Crookston, Minn., last fall, the man who answered was her son, the cop. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. Sign up for our free summaries and get the latest delivered directly to you. So did the cops and the mortician who embalmed Dennis. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. Did appellant cause the fall by striking, throwing, tripping or pushing the child? Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. CRARY REAL ESTATE. Times Staff Writer. Plus, 24 hour towing and recovery for all sized rigs. Minn.Stat. 609.22 (1965). She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. denied (Minn. March 18, 1987), the statements were made to a social worker who took notes and had no reason to fabricate. Appellant does not seriously question that the state has convincingly proven her criminal conduct associated with the death of her son 23 years ago. We'd love to hear eyewitness 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. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. 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 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. 609.205(1) (1965). Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. Some may call it providence. We thought she was a witch.. 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. You have permission to edit this article. 609.20(2) (1965); State v. Adams, 295 N.W.2d 527, 533 (Minn.1980). 609.205(1) & 609.20(2) (1965). State ex rel. 115 years of Maroon and Gold tradition. He testified Dennis had landed on his stomach at the bottom of the stairs. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. 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."). Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. I am not my brothers keeper, Cain answered. That is what killed Dennis: infectious fecal material had flowed into his abdomen. 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. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. info@scruffytails.org (218) 281-7225. view our pets. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). Did the trial court err in refusing to dismiss the indictment? The adults were all friends. Details. Witnesses testified Dennis was frequently bruised, often had black eyes and wore sunglasses apparently to conceal them, and became progressively thinner and more withdrawn. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. When prosecuting attorneys at Jurgens pending trial had the toddlers body exhumed in January of 1987, the marks were still there. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). PLEASE TURN OFF YOUR CAPS LOCK. The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). The Jurgens other adopted son, 5-year-old Robert, was removed from their home after Dennis died and was living with his grandparents. Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. Dennis Jurgens was three-and-one-half years old at the time of his death. Many in the neighborhood thought it was more than that. 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. 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. . Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . Metropolregion Sydney und Umgebung. 804(b)(5). 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. Robert lived in 1930, at address, Illinois. Give to Golden Eagle Athletics. [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. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. 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.. 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. [4] Unexplainably, the trial court permitted the jury to find third degree murder without finding which of two third degree murder counts was proven. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. . It heightened my feelings, although they were already strong, Siegel replied. I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. Date of Birth: September 30, 1930 Date of Ordination: June 1, 1979 Assignment History Asst. for rev. Culpable negligence may include an element of intentional conduct. 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. ADVANCED: 218-281-5595 In State v. Soukup, 376 N.W.2d 498, 501 (Minn.Ct.App.1985), pet. Dr. Woodburn testified there were from 50 to 100 bruises on Dennis' body at the time of death. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. Ramsey Co. R Jurgens. She doesnt remember much about the case, except it sounded fishy at the time. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . 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. In 1986 he enlisted in the US. 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