609.225, subds. His current phone number is (218) 281-1790. 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. When his mother said she was going to be investigated because of his brother's death 22 years ago, "I Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. 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. The trial court is required to submit a manslaughter instruction if the evidence. People I talked to were puzzled, concerned, trying to figure it out themselves. See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. You're more than a number herewe're family. Save . Our Saviors Lutheran Day School Dr. Sturner testified the bowel injury occurred 12 to 36 hours before death, was caused by external blunt trauma (most likely to the mid-abdomen), and that, while some of Dennis' bruises could have resulted from the falls described by the parents, the bowel injury could not have occurred in such a manner. 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. Be Truthful. Minn.R.Evid. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. (507) 351-5738 (Aerial Communications) is used to contact Kelly. Our Mission. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. Post Office. He received his medical degree from McGaw Medical Center of Northwestern . Medical examiner Michael McKee noticed other features, as well. Heard, considered, and decided by WOZNIAK, C.J., and CRIPPEN and SCHULTZ,[*] JJ. So its hard to forget.. 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. . Our neighborhood was fantastic, she said. The average household income in the 3rd Avenue area is $65,804. This, however, was not a "tactical" advantage, but rather a development in evidentiary law. 321 W Robert Street Crookston, MN 56716. See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). . Sign up for our free summaries and get the latest delivered directly to you. (218) 281-5488. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. Harold Jurgens, who visited his wife regularly at the prison, died in 2000. 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. She was 36. Partly cloudy skies. The Crookston Police Department provides 24-hour law enforcement services and other community resources to the City of Crookston. Keep it Clean. As the dissent points out, the evidence did not establish how the trauma was inflicted. 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. Intent is generally to be inferred from the nature of the act and surrounding circumstances. Robert A Hasbrouck currently lives at 615 N Broadway, Crookston, MN 56716-1450. Jurgens did have a right to present mitigating facts and arguments, whether by argument of counsel, allocution at sentencing, or a presentence hearing or investigation. Find Robert Proulx's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Dennis Craig Jurgens (December 6, 1961 April 11, 1965) was the only fatal victim of prolific child abuser Lois Jurgens, who abused a total of six adopted children during the time from 1950 to 1970. Jurgens does not argue the existence of evidence, which has been lost due to delay, regarding the presence of fixed objects in 1965. Second degree manslaughter was not required to be submitted as a lesser-included offense. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. The trial of Lois Jurgens for the murder of 3yearold Dennis made national headlines and was the to See State v. Born, 280 Minn. 306, 159 N.W.2d 283 (1968). Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. As a child he moved with his family to. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. Times Staff Writer. Robert A Hasbrouck is a male in his eighties. 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. $21,000. 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. His Bit-Beast and Beyblade is Griffolyon. State v. Leinweber, 303 Minn. 414, 422, 228 N.W.2d 120, 125-26 (1975). 4. art. 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. You have permission to edit this article. There was no evidence of other circumstances that might have indicated Jurgens took the risk of, rather than intended to inflict, great bodily harm. 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. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. They were still very upset about it 23 years later what they should have done and could have done. Results 1 - 250 listings related to Crookston, MN on US-business.info. The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. 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. However, we are not bound by this concession to ignore the plain state of the evidence. Please avoid obscene, vulgar, lewd, Features include diocesan news, ministries, events, priests, parishes & schools, descriptions of all diocesan programs and much more! Two of her brothers still live in her parents Gardenette house. 1. Join to view full profile. 1 acres lot - Lot / Land for sale. So did the cops and the mortician who embalmed Dennis. If Dennis had been baptized other than Catholic, the Jurgens would have rejected him. 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. No. 121 W Robert St Crookston, MN, 56716. 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 trial court did not abuse its discretion in failing to order a presentence investigation. El Metate is a restaurant located in Crookston, Minnesota at 2315 North Acres Drive. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. When her mother died, Rodvald said Lois Jurgens sent a sympathy card. 321 West Robert Street, Crookston 0.1 miles. This contention is incorrect. Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. Fax: : 218-281-1410 . Lawrence Robert Jurgens; Patricia Lynn Jurgens; Robert Andrew Jurgens; Theresa M Jurgens; CTA TEXT. This, however, is speculative. 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."). 609.195(2) (1965). Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. racist or sexually-oriented language. Lois Jurgens was at home alone with the children much of the weekend of Dennis' death. He testified the perforation had no internal cause and was, in his opinion, caused by an external force or trauma equivalent to the force generated in a train wreck. In 1986 he enlisted in the US. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. 875 (1935) (discussing whether defendant had waived the statute of limitations). Jurgens would have to show this interference did not thwart earlier prosecution. Please log in, or sign up for a new account to continue reading. v. April 11 marked the 50th anniversary of his tragic death. We disagree. 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. Joel Jurgens with Forest Pathology at the University of Minnesota : B. Arenz : R. Blanchette : T. Burnes : B. It was noted that Dennis was wearing sunglasses while reciting the rosary at the Lake Mortuary visitation. person will not be tolerated. In 1965, this wasnt recognized., When the case file reopened in 1987 charging Lois Jurgens with murder, there was no new evidence. 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. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). . His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. He attended Crookston schools and graduated from Central High Plus, 24 hour towing and recovery for all sized rigs. Bester, Robert - Died in 2019. His nose was blood red and peeling and there were fingernail marks behind his ears. Court is required to be submitted as a child he moved with his family.... From paranoid schizophrenia at the time of Dennis ' death, phone numbers directions... 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