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In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. 2315 North Acres Drive, Crookston, MN, 56716. She legitimately contends that a fair trial was contingent on submitting to the jury the question whether appellant's conduct constituted manslaughter. Intent is generally to be inferred from the nature of the act and surrounding circumstances. 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. Use the 'Report' link on However, we are not bound by this concession to ignore the plain state of the evidence. They were very quiet. The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). Appellant had not previously inflicted felonious blows on the child. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. 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. 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Another principal character in the book, Lois Jurgens brother, Jerome Zerwas, was a White Bear Lake cop who was suspected of covering up the case in 1965. Harold told relatives he was going to be out of town the weekend of April 10 and 11, 1965. That twist of fate is apparent in this case as well. Later, she testified, Jurgens had sent her dirty socks and a lead pipe when she had asked for the adopted children's clothes. Please avoid obscene, vulgar, lewd, I remember going over there and trying to get them to play with us but they couldnt. The state presented the medical testimony of Dr. Thomas Votel, who was the coroner in 1965; Dr. Robert Woodburn, who performed the autopsy in 1965; Dr. Michael McGee, who is the current Ramsey County medical examiner; and Dr. William Sturner, who is an expert in pediatric forensic pathology. There was no smoking gun piece, Siegel said. Karen was born in Wichita . Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. [2] There is evidence here that Dennis Jurgens suffered severe burns two years before he was fatally injured. Hestad v. Pennsylvania Life Insurance Co., 295 Minn. 306, 310, 204 N.W.2d 433, 436 (1973). Midcontinent Communications offers the fastest internet access. View Public Record Results ✓ Addresses. $21,000. Was the evidence sufficient to support the conviction? I am not my brothers keeper, Cain answered. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. 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. This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. Dr. Perkins testified that, in his opinion, Jurgens was suffering from paranoid schizophrenia at the time of Dennis' death. He does think fondly of the community. 620 Summit Ave. N, PO Box 610 Crookston, MN 56716 | ph 218.281.4533 fax 218.281.5991 . 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. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. Culpable negligence may include an element of intentional conduct. 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. 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). Phone: : 218-281-3111. 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. Where is your brother? Marion, 404 U.S. at 321-22, 92 S. Ct. at 463-64. It was error to submit the case to the jury without a manslaughter instruction. Create a Website Account - Manage notification subscriptions, save form progress and more.. Website Sign In Jurgens' counsel admitted Dennis was an abused child, but contested the extent of the abuse. Minn. Stat. 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. Linda L Peterson. 19 online majors. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. Experienced and local lawyers. White Bear Lake was recognized as an All-America City in April 1965. The assistant county attorney, on the record, stated only that that office was not interested in prosecuting at the time. There is no indication, however, that she incriminated herself in that examination. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. Jurgens herself told White Bear Lake police her husband had been in northern Wisconsin and she called him on Saturday to tell him Dennis was sick. Our mission is to aid in the reunification and rehoming of cats and dogs, to support . Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. Jurgens' claim that the trial court abused its discretion in failing to order a presentence investigation is without merit. 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. 1 and 2 (1965). The admission of a hearsay statement was harmless error. Attorneys licensed in Minnesota and North Dakota. 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. Some thought he had been poisoned by his wife, but an autopsy showed that not to be true. See Schleret, 311 N.W.2d at 847 (jury in battered child case had evidence of two recent episodes of injuries). [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. April 11 marked the 50th anniversary of his tragic death. 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]. The trial court did not abuse its discretion in failing to order a presentence investigation. for rev. The judge stated the threat of criminal prosecution was past. In this case, we do not know how the injury was inflicted. No. Dr. Stephens, a psychiatrist, also gave his opinion that Jurgens was suffering from paranoid schizophrenia in 1965. The murder conviction here cannot stand. I wasnt used to going to pancake breakfasts and I remember I was surprised not to have to pre-pay for gas. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). Marion, 404 U.S. at 322-23, 92 S. Ct. at 464-65. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. One or two I remember wept as we sat in their backyards. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. A death certificate's statement regarding mode of death is generally inadmissible because it is a conclusion and is hearsay. We found 52 addresses and 55 properties on 3rd Avenue in Crookston, MN. Douglas W. Thomson, Deborah K. Ellis, Thomson & Ellis, Ltd., St. Paul, for appellant. In the second phase of the trial, Jurgens presented two expert witnesses to support her mental illness defense. 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.. 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. He testified Dennis had landed on his stomach at the bottom of the stairs. Regardless of the outcome of the statute of limitations issue, however, we conclude the trial court did not err in failing to submit second degree manslaughter as such a charge was not supported by the evidence. 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. This omission, however, does not alter our analysis. It was tough to write about the death of a little boy. The supreme court has held that evidence establishing the battered child syndrome, together with other circumstantial evidence, is sufficient to support a conviction for homicide or assault. (PSI not required if extensive examination of defendant was otherwise made). It was as if the funeral director had foreseen a day when someone would come looking, Siegel wrote. Find Robert Proulx's phone number, address, and email on Spokeo, the leading people search directory for contact information and public records. Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. 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. The autopsy showed an injury to the tip of the penis. 1. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. State v. Norgaard, 272 Minn. 48, 52, 136 N.W.2d 628, 632 (1965). People magazine did a story in March 1987 and in 1988, Diane Sawyer did a piece on 60 Minutes called No One Saved Dennis. Siegel also wrote a lengthy two-part piece for the LA Times that became a precursor for his book. 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. Age 56 (218) 281-1761. After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. The verdict form does not indicate on which count Jurgens was convicted. Partly cloudy skies. 1985) (19-year delay in prosecution was extraordinary, but did not compel a presumption of prejudice). 6, 2. Lawrence Robert Jurgens; Patricia Lynn Jurgens; Robert Andrew Jurgens; Theresa M Jurgens; CTA TEXT. 321 W Robert Street Crookston, MN 56716. Where a conviction is based on circumstantial evidence, that evidence must form a complete chain which leads so directly to the guilt of the accused that it excludes any rational hypothesis except guilt. 609.19 and 609.195(2) (1965). She demanded to know the truth about her son's death. Burnsville, MN (1) Champlin, MN . The medical testimony showed Dennis' injury could have been caused by a fall from a sufficient height onto a fixed object. His 1965 conclusion (he found no signs of mental illness) was not helpful to Jurgens' defense. His Bit-Beast and Beyblade is Griffolyon. It is quite another thing to infer a particular intent where the nature of the act is unknown. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. 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