A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. She was 10 at the time. See id. Be Nice. Robert Gurgens is a resident of Minneapolis. A place to call home. 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. Did the trial court err in refusing to dismiss the indictment? White Bear Lake was recognized as an All-America City in April 1965. No ACT/SAT Needed for Admission. Sherwood had discovered the coroner never ruled on the actual cause of death; they had just buried the body in St. Marys Cemetery. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). Close this dialog. 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. 609.22 (1965). The evidence was amply sufficient, under Loss, Schleret, and similar battered child cases, to support the conviction for second degree murder. 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). There was no presentence investigation. Crookston is a city in the U.S. state of Minnesota.It is the county seat of Polk County. 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. (218) 281-5488. Minn.R.Evid. 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. Dr. Jurgens is on Doximity. 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 population was 7,482 at the 2020 census. 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. *551 Jurgens has not shown the prosecution intentionally delayed seeking an indictment in order to obtain a tactical advantage. The evidence was sufficient to support the conviction. She doesnt remember much about the case, except it sounded fishy at the time. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). 201 days on Zillow. Moreover, evidence on a history of abuse is compatible with the theory of an underlying simple assault. She was allowed her right of allocution, though she did not exercise it. 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. 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. That is what killed Dennis: infectious fecal material had flowed into his abdomen. Lived in Minnetonka MN | Hopkins MN | Eagan MN | Bloomington MN. The Municipal League letter from Chairman George Gallup to Georgia Hillman, then secretary-treasurer of the White Bear Lake Chamber of Commerce, read I salute the citizens of White Bear Lake whose effective action has won this award and sincerely hope they will view this honor as a further incentive to play a positive role in the affairs of their community.. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. A defendant challenging pre-indictment delay must show more than potential prejudice. So its hard to forget.. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. 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. Rev. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. State v. Hardimon, 310 N.W.2d 564, 566 (Minn. 1981). Dr. McGee conceded that battered child syndrome is not a cause of death, but testified the syndrome helps support a finding of homicide. Cf. 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. [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. See Minn. Stat. 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. The 1965 autopsy report and morgue photographs were introduced. denied (Minn. June 25, 1987) (defendant, who left newborn baby in toilet, then stuffed her into a wastebasket, was guilty of culpable negligence manslaughter). Jail records, court & arrest records, mugshots and even judicial reports. 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. However, he had no authority to make any promise concerning prosecution. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. 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." In 1986 he enlisted in the US. Robert Proulx in Minnesota. While growing up John moved with his family to St. Paul, MN and then to Georgia. Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. at 846-47. Centurion, South Africa. 37 on-campus majors. 804(b)(5). The trial court did not abuse its discretion in failing to order a presentence investigation. A. 609.115, subd. Robert Jurgens testified he remembered Dennis falling down the basement stairs not long before his death. Someone just sent me a picture of the house in rural Stillwater the Jurgens moved into in 1967, Siegel said. Jurgens was granted her right of allocution. She argued this burden had not been met because the experts could state only to a "reasonable medical certainty" that Dennis' death was not the result of accidental injury. Times Staff Writer. Find Joshua Jurgens in Saint Paul, MN - phone, address, email. Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. Without leaving Crookston, they have belonged to three congregations in their lifetimes. 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. Select this result to view Robert James Jurgens's phone number, address, and more. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. 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. . When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . 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. We disagree. App.1987), pet. The court in Loss stated: Loss, 295 Minn. at 281-82, 204 N.W.2d at 410. 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. . Harold and Lois Jurgens, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . C3-92-2279. People I talked to were puzzled, concerned, trying to figure it out themselves. Two of her brothers still live in her parents Gardenette house. A proven leader in online delivery for more than 25 years. 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. He grew up in Columbus and was a graduate of Ft. Knox High School there. While the extent of the injury may not always establish the defendant's intent, evidence of the force of the trauma inflicted here left no reasonable basis for the jury to find culpable negligence. Where is your brother? We conclude, however, the jury could not have found such intent lacking and still find Jurgens guilty of culpably negligent manslaughter. She related a conversation with Harold Jurgens, at her kitchen table over coffee, when Harold dropped by after work. He had told investigators that the body would be in good condition even 22 years later. . The next morning, as Lois Jurgens told police, she found Dennis gasping in his crib at 9:30. 117 W Robert St, Crookston . Critically, as the majority observes, there is no other evidence here as to the nature of the act that fatally harmed the child. Be Proactive. Founding Member, Director, +2 weitere Wantagh HS, +1 weitere Robert Jurgens Design Manager, Electrolux. Lois Jurgens was also concerned about Dennis' age, the fact that he was larger than Robert, and some of his other physical characteristics. The United States Supreme Court reasons: Keeble v. United States, 412 U.S. 205, 212-13, 93 S. Ct. 1993, 1997-98, 36 L. Ed. In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. First degree manslaughter involves an intentional non-felony crime, including simple assault, committed "with such force and violence that death of or great bodily harm to any person was reasonably foreseeable." Official website of Roman Catholic Diocese of Crookston. Our Saviors Lutheran Day School Jurgens would have to show this interference did not thwart earlier prosecution. Minn.R.Evid. for rev. Date of Birth: September 30, 1930 Date of Ordination: June 1, 1979 Assignment History Asst. 1 Unit Available. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. 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. There is a conflict of authority on whether the statute of limitations is jurisdictional, or a defense which may be waived. 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. Related to Dennis Jurgens | Joanne Jurgens | Joshua . Plus, 24 hour towing and recovery for all sized rigs. 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. The University of Minnesota Crookston offers academic programs in four departments: Agriculture and Natural Resources; Humanities, Social Sciences, and Education; Business; and Math, Science and Technology.Specifically, education related majors, please visit our Teacher Education Unit, and those interested in online learning, see Online Programs. 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. He re-examined the small bowel and reviewed the 1965 autopsy report. 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. Delwin received his education in the Windom Public Schools. 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. CRARY REAL ESTATE. My dad said people minded their own business. 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