A number of witnesses testified concerning Lois Jurgens' physical abuse of Dennis Jurgens. It so happened that Dennis biological mother, 17 and unwed when he was born, had planned to convert to Catholicism so had her baby baptized by a priest. Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. Be Truthful. In this case, we do not know how the injury was inflicted. Our Saviors Lutheran Day School He . Robert Schreiner. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. She came after me like a mad man, with crazy eyes, Neely recalled. Sister Rose Mary entered the novitiate in Crookston in 1955, professed First Vows in 1958 and Final Vows in 1963. A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. 7064 State Road 19, Waunakee, WI 53597 12005 41st Ave N Apt 216, Minneapolis, MN 55441 12005 41st Ave N, Minneapolis, MN 55441. 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." Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). Minn.Stat. 609.195(2) (1965). 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. Minn. Stat. 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."). He is the team captain of the Majestics. We conclude Jurgens has not shown there was a promise not to prosecute, nor that she relied on it to her detriment. Jim was relieved someone was eventually charged, Honsa said. 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). Bol testified that at the time of the conversation she was on good terms with the Jurgenses. Browse Locations. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. Joel Jurgens with Forest Pathology at the University of Minnesota : B. Arenz : R. Blanchette : T. Burnes : B. Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. Given the history of senseless injuries to the child, the conviction of his mother has the ring of truth. Winds SSE at 5 to 10 mph. 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. ADVANCED: 218-281-5595 The Diocese of Crookston, Minnesota, has settled one part of a lawsuit brought by a deacon . When Dennis Jurgens died at the age of 3 in 1965, authorities here never ruled whether his death was an accident, a homicide . . Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. Grave injustice may be done by convicting a person of murder without an opportunity to have an important alternative accusation presented to the jury. Home to around 7,000 people, the community exudes a timeless sense of small-town Midwestern character -- in spite of the name, Crookston actually boasts one of the lowest . 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. See State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981). Robert Gurgens is a resident of Minneapolis. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . 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. It is improper, however, to place the burden of proof on the defense on a topic not covered by evidence for the state. v. Details. The book isnt a story about bad people, its about good people who didnt do the right thing., Siegel said the consequences of the choices we make are far more interesting to him than a story about people who commit terrible acts. It was definitely seen as a cover up after the fact.. This contention is incorrect. Dennis Jurgens was three-and-one-half years old at the time of his death. 816 Marin Avenue, Suite 110, Crookston, MN, 56716 Phone 218-470-8144 City Crookston Postal Code 56716 State Minnesota County Polk County Official Website Website. She was 61 when she went to prison and served eight years before being paroled. He was born to Avery and Josephine (Johnson) Stuckey on September 14,1938 in Mitchell County, Iowa, the oldest of 9 children. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. . Dennis was dressed in turquoise shorts with a matching vest over a long-sleeved white dress shirt and bow tie. 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. The jury could have found culpable negligence instead of felonious intent only from some theory of diminished responsibility. The neighbors I talked to about the case were good people. The download speed is limited at 1,000 mbit/s, while the . A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. Don't Threaten. 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 . However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. Where the defendant fails to meet the Marion burden of showing a due process violation, however, the statute of limitations is the defendant's guarantee against facing stale criminal charges. Partly cloudy skies. The degree of force required was substantial, equivalent to a "train wreck" or an automobile accident. The adults were all friends. Select this result to view Robert James Jurgens's phone number, address, and more. 720 E Robert St Crookston, MN 56716. Some may call it providence. CRARY REAL ESTATE. 609.22 (1965). 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. 1 Unit Available. The cases cited by the state do not support the admission of the Bol testimony. 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. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). Dr. Jurgens is on Doximity. Jurgens' primary claim of prejudice from the delay is in the difficulty it caused her in meeting her burden of showing she was mentally ill at the time of Dennis' death. As the Minnesota Supreme Court has made evident for cases where a defendant has not deliberately, consciously killed another person, a rational decision on whether evidence shows manslaughter or third degree murder requires a careful depiction of the underlying misconduct that leads finally to death. A defendant challenging pre-indictment delay must show more than potential prejudice. This case arises from the stabbing death of James Nelson at a party in Crookston. A place to call home. 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." Did the story affect him at the time? Five years later, NBC released a TV movie called A Child Lost Forever.. His nose was blood red and peeling and there were fingernail marks behind his ears. We find no indication Jurgens requested submission of first degree manslaughter at trial and, therefore, she may have waived any challenge to the court's failure to submit it. Siegel interviewed more than 100 people for his book, which took about 18 months to write. Also that January, Lois sister (she came from a family of 16 children born to Lois and John Zerwas Sr.) Barbara died of a brain tumor. The trial of Lois Jurgens for the murder of 3-year-old Dennis made national . On this record, we must conclude the delay in prosecution was not an intentional device to obtain a tactical advantage. Evidence on the history of appellant's abuse shows cause to anticipate simple assault there is no evidence of prior felonious blows, and the only suggestion of using weapons is testimony of Robert Jurgens that he and Dennis had been spanked with a wooden spoon or rolling pin or things of that nature. However, in a case where the "battered child syndrome" is established, the state need not show the specific circumstances of the injury causing death. Circumstantial evidence here was barely adequate, if at all, to characterize the act causing the injury as an intentional felony. 609.205(1) (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 1960 to 1975. See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. She did establish that some of her medical records had been lost or destroyed. STATE of Minnesota, Respondent, v. Lois Germaine JURGENS, Appellant. A proven leader in online delivery for more than 25 years. info@scruffytails.org (218) 281-7225. view our pets. Age 52 (218) 281-1761. No. 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. There was no presentence investigation. No racism, sexism or any sort of -ism 804(b)(5). Karen was born in Wichita . Robert Jurgens Co-Founder, COO, CFO and Marketing Director at Keselowski Motorsports Mooresville, NC. 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.. Mbit/S, while the neighbors I talked to about the case were good people exclude the rational hypothesis recklessness. 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