Be Truthful. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. 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. 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. The jury found Jurgens was not mentally ill at the time of the offense. 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. Sister Rose Mary was born in St. Rose, MN, one of six children of the Rose Weber and Robert Toenyan who later moved to Blackduck, MN. Browse Locations. Jail records, court & arrest records, mugshots and even judicial reports. Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. When I was living in White Bear Lake, my wife was pregnant with our first child. It was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. There was no smoking gun piece, Siegel said. Two of her brothers still live in her parents Gardenette house. Related to Dennis Jurgens | Joanne Jurgens | Joshua . Jurgens contends the murder prosecution should be barred under principles of estoppel. Minn.R.Evid. The jury was instructed that the term "dangerous weapon" included an "instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or 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. As the book retells, Sherwood walked into the White Bear Lake Police Department Sept. 11, 1986, claiming her baby boy had been beaten to death. . Dr. McGee's live testimony, however, provided the missing foundation and made the written hearsay statement merely cumulative. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. . I remember going over there and trying to get them to play with us but they couldnt. 4. C3-87-1165. (218) 281-5488. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. In short, June Bol's testimony, while dramatic, was not highly probative, and its admission was harmless error. 1 and 2. "I remember waking up hearing loud screams. The jury could have found that, armed with a gun, he entered a room occupied by the victim following a heated argument, pointed the gun and fired in the victim's direction. Twedts older brother Tom Neely offered one vivid recollection. Robert - Then and now. He testified he believed Jurgens had experienced delusions or hallucinations; however, the only references to such disturbed thinking in the extensive medical records were from the early 1950's. See State v. Warren, 419 N.W.2d 795 (Minn.1988). In this case, we do not know how the injury was inflicted. Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. Check Availability. ST. PAUL When 3-year-old Dennis Craig Jurgens died on April 11, 1965, there were so many bruises on his body that the coroner said he stopped counting them. 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. However, the state's expert witness was able to reconstruct the purportedly illegible portions of the record; they were not helpful to Jurgens' mental illness defense. 609.205(1) (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. Second degree manslaughter was not required to be submitted as a lesser-included offense. Harold told relatives he was going to be out of town the weekend of April 10 and 11, 1965. Robert lived in 1930, at address, Illinois. We were all like a big family. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). Jill (Neely) Twedt, who coincidentally works at Press Publications, offered her memories of the Jurgens house down the street. STATE of Minnesota, Respondent, v. John Robert CHAMBERS, Petitioner, Appellant. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. Submitted photos, Staff Writer Sue Wolsfeld described Lois Jurgens sitting in the courtroom in the Feb. 4, 1987 White Bear Press: Her hands were folded politely in her lap, her feet rested motionless on the floor. Low 18F. She doesnt remember much about the case, except it sounded fishy at the time. That twist of fate is apparent in this case as well. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. 804(b)(5). 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). The school bus stopped in front of the Jurgens house and Lois made sure the children stayed off her grass. You're more than a number herewe're family. 609.115, subd. Minnesota Crookston Homepage. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. 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. Although the scenario of a serious and unexplained falling injury may reasonably preclude an accident theory, it rationally describes a simple assault in which appellant consciously risked causing death or great bodily harm or used such force that death or great bodily harm was foreseeable. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. The war was escalating in Vietnam and Martin Luther King Jr. marched in Selma. Atty., Steven C. DeCoster, Asst. ANGELIZD's Place - Child Abuse Pages - Dennis Craig Jurgens. She was 10 at the time. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. 2010 Robert Blanchette. 37 on-campus majors. . 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. This case arises from the stabbing death of James Nelson at a party in Crookston. Moreover, there is no indication it was foreseeable in 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 . Lawrence Robert Jurgens; Patricia Lynn Jurgens; Robert Andrew Jurgens; Theresa M Jurgens; CTA TEXT. Siegel interviewed more than 100 people for his book, which took about 18 months to write. Threats of harming another Was the evidence sufficient to support the conviction? The 1965 autopsy report and morgue photographs were introduced. That is what killed Dennis: infectious fecal material had flowed into his abdomen. Sherwood, who was Jerry Puckett at the time, never converted. The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. She legitimately contends that a fair trial was contingent on submitting to the jury the question whether appellant's conduct constituted manslaughter. Another neighbor, Kathy (Bucholz) Rodvald, remembers seeing the hearse parked in the Jurgens driveway that Palm Sunday. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. The book makes our neighborhood sound creepy, but it wasnt.. Associated Phone Numbers (608) 242-7151 (608) 770-4477 (608) 850-4723 (715) 453-1655 (715) 850-4723 . June Bol, who had known the Jurgenses since 1947, took into her home in the early 1970's four children the Jurgenses had adopted. His nose was blood red and peeling and there were fingernail marks behind his ears. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . 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. Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. Our Saviors Lutheran Day School 1 and 2 (1965). Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. For these reasons, appellant is entitled to a new trial, and I respectfully dissent. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. Crookston, MN 56716 lawoffice@nwmnlaw.com (218) 281-4168. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. Rev. 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. As the dissent points out, the evidence did not establish how the trauma was inflicted. 1. A defendant challenging pre-indictment delay must show more than potential prejudice. Robert L. Bob Johnson, age 75, of Crookston, MN, died unexpectedly Saturday evening, November 17, 2012, at RiverView Health in Crookston. 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. Dr. Jurgens is on Doximity. He happened to be in the hospital for pneumonia when their house burned down in November of 65. Post Office. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. They were still very upset about it 23 years later what they should have done and could have done. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. Because there was room at the time for reasonable differences on the waiver issue, the prosecution could understandably fear obtaining a manslaughter verdict which would be found barred by the statute of limitations. The medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. I liked the people a lot., Gardenette Drive families mentioned in the book included Donna and Jim Neely, Cam and Bob Brass, who owned the Ben Franklin store, and Alice and Tom Axelrod. We'd love to hear eyewitness 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. Last week, Judge David Marsden . Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). State v. Loebach, 310 N.W.2d 58, 62-64 (Minn. 1981) (overwhelming evidence of murder even without battered child syndrome evidence where four month old child suffered severe harm to his head and body, due to blows or total squeezing the body, occurring at least three times over a period of several weeks). View Tom Jurgens results in Minnesota (MN) including current phone number, address, relatives, background check report, and property record with Whitepages. Be Proactive. We hope that you continue to enjoy our free content. Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. The Jurgens other adopted son, 5-year-old Robert, was removed from their home after Dennis died and was living with his grandparents. 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. 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. That summer of 65, the city celebrated the honor. 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 State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). Robert is related to Melissa Ann Quick and Sydney Lowe Richards as well as 3 additional people. Private Schools. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. Select an address below to search who owns that property on 3rd Avenue and uncover many additional details. Age 56 (218) 281-1761. 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. Nationwide Inmate Records Online Check . 609.22 (1965). 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. 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. People I talked to were puzzled, concerned, trying to figure it out themselves. . Jurgens' attorney in the 1965 neglect proceedings testified he had the impression the county was not going to prosecute. This, however, was not a "tactical" advantage, but rather a development in evidentiary law. To conclude a jury has made a reasonable decision on evidence, it must appear they gave "due regard for the presumption of innocence and for the necessity of overcoming it by proof beyond a reasonable doubt." Marker Address Rent ? These changes were made before the body was exhumed, and McGee conceded he had no evidence other than that available in 1965. Robert D Peterson. 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. This, however, is speculative. People still email me and want to talk about it. None of those circumstances are present here. See id. Much of the testimony came from members of Jurgens' large family, who saw Dennis Jurgens frequently from the time he was adopted. Cable Modem is the type of internet connection. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. I can picture the boys still, Rodvald said. [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. The verdict form does not indicate on which count Jurgens was convicted. App.1987), pet. 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. Scruffy Tails Humane Society in Crookston, MN has pets available for adoption. I also wanted to write about the evolution of our understanding of child abuse. 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. 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. A description of the boys body indicated he was covered in bruises, his forehead had a large abrasion and there was a laceration at the base of his genitals. They are open every day of the week. The cases have never created a hypothesis of murder from the same evidence without evidence the assault was aggravated or committed with intent to cause great bodily harm.[4]. Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. STATE of Minnesota, Respondent, The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). (507) 351-5738 (Aerial Communications) is used to contact Kelly. The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. Even if Dennis was thrown rather than struck, the height from which he would have to have been thrown or the force involved would be sufficient to establish felonious intent. State v. Torkelson, 404 N.W.2d 352, 357 (Minn.Ct.App.1987), pet. While growing up John moved with his family to St. Paul, MN and then to Georgia. He really believes in honor, given that he plays the game . Harold's testimony in 1965 showed he was in Wisconsin from the evening of Friday, April 9, until 9 or 9:30 p.m. on Saturday, April 10. So its hard to forget.. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. He . Karen was born in Wichita . His body was also emaciated, it was noted, like he had been starved. Did the court err in admitting the hearsay statement? 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. 1 Bed $475. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. for rev. Give. So did the cops and the mortician who embalmed Dennis. A Child Lost Forever: The Jerry Sherwood Story: Directed by Claudia Weill. Critically, as the majority observes, there is no other evidence here as to the nature of the act that fatally harmed the child. Lois had grown up in an impoverished family of sixteen siblings and used her marriage to the middle-class Harold Jurgens as a means to . A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. I recognized it as St. Marys cemetery., When the casket was opened, the body was as Honsa said. Some may call it providence. . Jurgens contends the court committed reversible error in allowing June Bol to testify concerning a statement Harold Jurgens made to her. Teambackers Homepage. Witnesses testified Dennis was frequently bruised, often had black eyes and wore sunglasses apparently to conceal them, and became progressively thinner and more withdrawn. She also contends the indictment should have been dismissed because it was based on illegal evidence. [1] Manslaughter in the second degree involves culpable negligence, intentional conduct not necessarily felonious, whereby the actor "creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another." Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. See State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981). In 1986 he enlisted in the US. 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. Private Schools. Dr. Woodburn testified there were from 50 to 100 bruises on Dennis' body at the time of death. The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. Later, she testified, Jurgens had sent her dirty socks and a lead pipe when she had asked for the adopted children's clothes. Evidence here that Dennis Jurgens suffered severe burns two years before he was adopted state of Minnesota Respondent. 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