Give. Business Directory; Search; Join Us; Click a category to search: . Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . The death certificate, and the coroner's file *548 generally, were reviewed following inquiries by Dennis Jurgens' biological mother, Jerry Sherwood. STATE of Minnesota, Respondent, Moreover, there is no indication it was foreseeable in 1965. View 223 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. It was error to submit the case to the jury without a manslaughter instruction. The school bus stopped in front of the Jurgens house and Lois made sure the children stayed off her grass. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. 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. Minn.Stat. 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). 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. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. He testified there was a linear bruise on the upper abdomen. People still email me and want to talk about it. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. 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. Get this St. 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. [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. 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The voluminous records available did not support that conclusion. Robert lived in 1930, at address, Illinois. The court concluded: The evidence here established not only a history of prior abuse, making Dennis Jurgens a battered child, but also medical evidence of a fatal injury which doctors testified could not have been caused accidentally, as initially described by the Jurgenses. It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. See Schleret, 311 N.W.2d at 847. I can picture the boys still, Rodvald said. Residence: St. Joseph's Church - Red Lake Falls 112 Edward Ave. NW Red Lake Falls MN 56750 This email address is being . Low 18F. Jim was relieved someone was eventually charged, Honsa said. Select an address below to search who owns that property on 3rd Avenue and uncover many additional details. 609.195(2) (1965). Share with Us. The legislature has determined there should be no statute of limitations for murder. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. 2900 University Avenu, Crookston, MN 56716 is where Kelly resides. Jurgens was charged with two counts of third degree felony murder, one requiring intentional infliction of great bodily harm, the other assault with a dangerous weapon. 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. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. Get free summaries of new Minnesota Court of Appeals opinions delivered to your inbox! 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. Abels blood cries out from the ground, God replied. 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. Find your niche on-campus or online. It heightened my feelings, although they were already strong, Siegel replied. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. Given the state of the law at the time, a singular effort to compare the evidence with prospective charges was understandably contaminated by the limitations concern; this was a major consequence of the time lapse between the offense and the time of prosecution. He received his medical degree from McGaw Medical Center of Northwestern . The state has conceded at oral argument that June Bol's testimony was critical to its case. See Northern Petrochemical Co. v. U.S. Fire Insurance Co., 277 N.W.2d 408, 410 (Minn.1979). Keep it Clean. This site is protected by reCAPTCHA and the Google. She had also received *549 harassing telephone calls which she thought were from Jurgens. You can explore additional available newsletters here. Winds SSE at 5 to 10 mph. 609.205(1) (1965). If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. Robert testified against his mother at her trial, telling the jury he thought she had killed Dennis. The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . [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. 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. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. "I remember waking up hearing loud screams. She legitimately contends that a fair trial was contingent on submitting to the jury the question whether appellant's conduct constituted manslaughter. Zerwas died in 1997. 117 W Robert St, Crookston . Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! The admission of a hearsay statement was harmless error. 1 Unit Available. 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 am not my brothers keeper, Cain answered. 431 Robert St E, Crookston, MN 56716 is pending. Dr. Perkins, a clinical psychologist who administered and interpreted various psychological tests, had also tested Jurgens in 1967. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. 2315 North Acres Drive, Crookston, MN, 56716. Stephens testified, however, that Jurgens' relationship with Dennis had a delusional quality, particularly in her belief (shared by her husband) that Dennis did not feel pain. Recruits. I wasnt as interested in Lois and why Harold didnt step in. (PSI not required if extensive examination of defendant was otherwise made). The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. (218) 281-5488. People I talked to were puzzled, concerned, trying to figure it out themselves. View the profiles of professionals named "Robert Jurgens" on LinkedIn. denied (Minn. March 18, 1987), the statements were made to a social worker who took notes and had no reason to fabricate. 19 online majors. They have also lived in Maple Grove, MN and Saint Paul, MN. 1 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. . Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. 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. We cannot agree, however, that the nature of the act was unknown, simply because the exact form of the trauma was not established, if the medical testimony established the trauma was inflicted and of sufficient force to be felonious. Our Saviors Lutheran Day School State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). So did the cops and the mortician who embalmed Dennis. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. Jurgens also contends she sought submission of first degree manslaughter. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. The download speed is limited at 1,000 mbit/s, while the . The murder conviction here cannot stand. 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. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. You already receive all suggested Justia Opinion Summary Newsletters. 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. Fax: : 218-281-1410 . It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. Heard, considered, and decided by WOZNIAK, C.J., and CRIPPEN and SCHULTZ,[*] JJ. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. Dr. Paul T. Jurgens is a cardiologist in Minneapolis, Minnesota and is affiliated with Littleton Adventist Hospital. Jim Honsas daughter Terry remembers her dad coming home in 1965 and what he told her mother: That little boy did not die from falling down the stairs. Jurgens had requested an instruction on second degree manslaughter (death resulting from culpable negligence). We thought she was a witch.. 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. Did the court abuse its discretion in sentencing without a presentence investigation? Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). The state, at the end of its case, presented the testimony of June Bol concerning a statement made to her by Harold Jurgens some eight years after Dennis' death. Douglas W. Thomson, Deborah K. Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant. Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. A. 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. 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. State ex rel. Although there is evidence this injury was inflicted, no evidence was available to characterize the act causing the injury. 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. Use the 'Report' link on That was the reason for this case, McGee believed. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. Virgil Robert Love Jr, 68, of Crookston, MN, passed away unexpectedly of natural causes Monday morning, March 7, 2022, at RiverView Health in Crookston. The trial court had the benefit of an extensive examination of Jurgens' mental state, which was her primary mitigating factor. Dr. McGee estimated the time of death as 6 to 8 hours before the autopsy was performed at 2:00 p.m. McGee testified it was more probable the trauma was to Dennis' stomach, rather than his back, although McGee acknowledged the trauma could have been to Dennis' back. These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. 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 circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. 2. So its hard to forget.. Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. Jail records, court & arrest records, mugshots and even judicial reports. . Official website of Roman Catholic Diocese of Crookston. This omission, however, does not alter our analysis. 1985) (19-year delay in prosecution was extraordinary, but did not compel a presumption of prejudice). She was the adoptive mother of six children in the 1960s and 1970s, and brutally abused them all, killing one of them, three-year-old Dennis Jurgens, in 1965. . The assistant county attorney, on the record, stated only that that office was not interested in prosecuting at the time. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. Call now! [1] Although the passing of twenty-two years need not and did not preclude successful prosecution of appellant for feloniously causing the death of her son, the evidence did not permit submitting the case to the jury to determine only whether or not Dennis Jurgens was murdered. Winds light and variable.. Or so the story goes. Robert passed away on June 26 2002, at age 80. 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. 531 days on Zillow. We note Dr. Garvey, the psychiatrist who examined Jurgens in 1965, was available, but not called by either side. See State v. Warren, 419 N.W.2d 795 (Minn.1988). 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 was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. 3. 609.22 (1965). Dennis and Robert Jurgens, 1965. When I was living in White Bear Lake, my wife was pregnant with our first child. 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. 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. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! Close this dialog. We affirm. Medical examiner Michael McKee noticed other features, as well. 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. In 1986 he enlisted in the US. 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. 609.205(1) (1965). 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. I remember going over there and trying to get them to play with us but they couldnt. 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. Saint Paul, MN. He is a plant biologist who served as the dean of Brigham Young University's College of Biology and Agriculture. 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 . Robert Jurgens is the Owner and President at Robert Jurgens, Cpa based in Wantagh, New York. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. We'd love to hear eyewitness He testified his mother ran down the stairs after him and started to hit and . 2d 468 (1971); see also State v. Hanson, 285 N.W.2d 487 (Minn.1979). (507) 351-5738 (Aerial Communications) is used to contact Kelly. I remember the exhumation of the grave and the trial in the 80s. The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. Most of Jurgens neighbors on South Gardenette Drive were still there that summer, and willing to reminisce about the neighborhood, the little boy who died that Palm Sunday and his reclusive parents, whom no one seemed to know. June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. A defendant challenging pre-indictment delay must show more than potential prejudice. He is the team captain of the Majestics. View 29 photos of this 4 bed, 2 bath, 2369 sqft. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. 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."). See Minn.Stat. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. Notifications from this discussion will be disabled. What drew me most to this story was the window into a community and the choices good people make. 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 best result we found for your search is Robert James Jurgens age 40s in Minneapolis, MN. Get an email notification whenever someone contributes to the discussion. Assault, in turn, was defined as an act done "with intent to cause fear in another of immediate bodily harm," or "intentional infliction of bodily harm." She said Harold was up with him most of the night. Post Office. Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . The jury found Jurgens was not mentally ill at the time of the offense. In State v. Soukup, 376 N.W.2d 498, 501 (Minn.Ct.App.1985), pet. STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. John Robert CHAMBERS, Petitioner, appellant jury he thought she had killed Dennis Owner and at! ; Join Us ; Click a category to search who owns that property on 3rd Avenue uncover! Funeral director had foreseen a Day when someone robert jurgens crookston mn come looking, Siegel wrote which... 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Control of Dennis during much of the offense ; search ; Join Us ; Click a category to search owns., Los Angeles Times correspondent Barry Siegel drove into town and saw the city... And your family back on the upper abdomen support her mental illness defense search is James. State has conceded at oral argument that June Bol 's testimony was critical to case! A hearsay statement was harmless error if he stepped foot on her lawn of abuse is compatible robert jurgens crookston mn.