She objected to omission of this charge when jury instructions were discussed. Twenty-three years after the boys death, Los Angeles Times correspondent Barry Siegel drove into town and saw the All-American city sign. Did the court err in not allowing Jurgens to waive the statute of limitations on a lesser-included offense? [3] As the majority observes, intent is generally to be inferred from the nature of the act and surrounding circumstances. 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. 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. 5. State v. DeZeler, 230 Minn. 39, 52, 41 N.W.2d 313, 322 (1950). As the majority indicates, the court's view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488, 260 N.W. 1 and 2. Two of her brothers still live in her parents Gardenette house. Our neighborhood was fantastic, she said. Siegel talks about twists of fate on his website and how often critical events arise out of random chance. Honsa had used a strong solution in the embalming process and put the organs in a plastic, rather than muslin, bag. Siegel interviewed more than 100 people for his book, which took about 18 months to write. Minn. 3C Localstate Adopted son thanks police for pursuing killing t WHITE BEAR LAKE (AP) A man who chose to testify . Lois Jurgens was at home alone with the children much of the weekend of Dennis' death. We disagree. I didnt realize we were at the 50th anniversary, said Siegel, who spent the summer of 88 in a rented White Bear Lake apartment researching the case. There was a June weekend auto show with sport models from Polar Chev and Tousley Ford, a teen dance and giant barbecue that cooked 40 turkeys on a 60 foot spit over 600 pounds of charcoal. 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 . The indictment charged Jurgens with one count of second degree intentional murder and two counts of third degree felony murder (one count charged death occurring in the course of an aggravated assault, the other charged death occurring as a result of the use of a dangerous weapon). In final argument, Jurgens contended the state had not proved guilt beyond a reasonable doubt. Get directions view our pets. Jump to a specific location: Argyle, MN Badger, MN Crookston, MN Drayton, ND Grand Forks, ND Greenbush, MN Hallock, MN Hazel, MN Hillsboro, ND Humboldt, MN Erskine, MN Lake Bronson, MN Larimore, ND Oklee, MN Oslo, MN Roseau, MN Stephen, MN Warren, MN Argyle, MN 710 Washington Ave Argyle, MN 56713 Phone: 218-437-6626Fax: 218-438-6627 Location Manager Ryan KazmierczakCell: 218-843-5202Ryan . 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, who lived in White Bear Lake, Minnesota, adopted Dennis and his name officially became . They were very quiet. (218) 281-5488. Metropolregion Sydney und Umgebung. According to these experts the injury could have been caused by the child being struck focally with great force or by a fall with considerable force onto a protruding object. See contacts, phone numbers, directions, hours and more for all business categories in Crookston, MN. Find Joshua Jurgens in Saint Paul, MN - phone, address, email. A pre-indictment delay of this magnitude unquestionably affects the ability to defend against criminal charges. State v. Morales, 324 N.W.2d 374, 376 (Minn.1982). 201 days on Zillow. [1] The state argues Jurgens waived this claim by failing to raise it until jury instructions were discussed. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. A proven leader in online delivery for more than 25 years. Moreover, Lois Jurgens was in exclusive control of Dennis during much of the time the injury could have been inflicted. Recent photos, introduced to show the basement areas of the Jurgens house, were marked to show subsequent construction. In Schleret, the cause of death was a blood clot in the brain. View 301 Gorgas Ave, Crookston, MN 56716 property records for FREE including property ownership, deeds, mortgages, titles & sales history, current & historic. Following the trial in 1987, a reporter asked prosecuting attorney Mindy Elledge why it took so long for the case to come to trial. 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. Jurgens contends the murder prosecution should be barred under principles of estoppel. 2010 Robert Blanchette. His adoptive mother, 39 at the time, said he fell down the basement stairs. . 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. Jurgens was granted her right of allocution. Napiwoski v. Tahash, 278 Minn. 56, 58, 153 N.W.2d 138, 140 (1967). 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. Bob was born in Williston, ND, on September 4, 1937, and was one of six children of the union of Berthel J. and Clara (Weirson) Johnson. The trial court had the benefit of an extensive examination of Jurgens' mental state, which was her primary mitigating factor. 804(b)(5). I am not my brothers keeper, Cain answered. I cant believe it was 50 years ago already. . In 1986 he enlisted in the US. A Wikipedia excerpt notes the book is considered by many to be a seminal document regarding child abuse.. 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." 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]. [4] Unexplainably, the trial court permitted the jury to find third degree murder without finding which of two third degree murder counts was proven. At a press conference following the arraignment, White Bear Lake Police Chief Phil Major, left, Assistant County Attorney Mindy Elledge and County Attorney Tom Foley answered questions. PLEASE TURN OFF YOUR CAPS LOCK. Join to view full profile. Call now! Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. The cases cited by the state do not support the admission of the Bol testimony. 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Eighteen years later, she discovers that her child is dead, and that he was possibly murdered by his religiously -strict adoptive mom. Id. He attended Crookston schools and graduated from Central . . Included among the books pages is a photo copy of the congratulatory letter announcing the All-America City Award. Moreover, there is no indication it was foreseeable in 1965. However, the inferences Loss recognizes have never been said to exclude the rational hypothesis of recklessness. He testified that even a diagnosis of paranoid schizophrenia would not necessarily mean Jurgens did not know the nature of her act or that it was wrong. 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. Although circumstantial evidence may be sufficient to support a conviction, it must so "directly" establish guilt as to exclude any other reasonable inference. Crookston Post Office 202 South Broadway, Crookston 0.2 miles. Or so the story goes. The doctrine of diminished responsibility, however, was rejected in State v. Bouwman, 328 N.W.2d 703, 706 (Minn. 1982). Generally cloudy. You already receive all suggested Justia Opinion Summary Newsletters. When I was living in White Bear Lake, my wife was pregnant with our first child. Browse Locations. Jurgens objected to this testimony. Last week, Judge David Marsden . Select an address below to search who owns that property on 3rd Avenue and uncover many additional details. Feb. 29, 1988 12 AM PT. 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). The predicate felony charged against Jurgens was aggravated assault, requiring that she intentionally inflicted great bodily harm or assaulted Dennis with a dangerous weapon. He happened to be in the hospital for pneumonia when their house burned down in November of 65. $21,000. 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. It was definitely seen as a cover up after the fact.. [2] It is quite another thing, however, to contend there is proof of third degree murder in the course of a felony where there is no evidence of an underlying intentional infliction of great bodily harm. Jurgens requested the submission of second degree manslaughter as a lesser-included offense. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. Minn.Stat. See Minn.Stat. On the evidence available, the jury was left largely to speculate on the nature of the human act which caused the injury. 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. Robert passed away on June 26 2002, at age 80. State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App. You're more than a number herewe're family. It was the best place in the world to grow up., Except the Jurgens werent part of the Gardenette social scene. OXFORD REALTY, LLC. She demanded to know the truth about her son's death. Recruits. 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. Monday - Friday 8:30 a.m. - 5 p.m. The verdict form does not indicate on which count Jurgens was convicted. Gen., Tom Foley, Ramsey Co. And Lois would yell at us if we stood on their street corner. A pewter angel ornament hangs over the grave of Dennis Jurgens, inset photo. Jurgens claims the court erred in refusing to allow her to waive the statute of limitations so that manslaughter could be submitted as a lesser-included offense.[1]. The name Bucholz isnt in the book, she added, because her dad wouldnt talk to Siegel. Jurgens had requested an instruction on second degree manslaughter (death resulting from culpable negligence). 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. Attorneys licensed in Minnesota and North Dakota. It heightened my feelings, although they were already strong, Siegel replied. So its hard to forget.. 321 W Robert Street Crookston, MN 56716. C3-87-1165. Please avoid obscene, vulgar, lewd, I remember going over there and trying to get them to play with us but they couldnt. [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. 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. Private Schools. She remembers Dennis and the fact he and his brother werent allowed to play with the neighborhood kids. Court of Appeals of Minnesota. 609.20(2) (1965) (unintended death in the course of committing a "crime" with such force or violence that death or great bodily harm is reasonably foreseeable). April 11 marked the 50th anniversary of his tragic death. . Burnsville, MN (1) Champlin, MN . Lois Jurgens was sentenced to 25 years in the Shakopee womens correctional facility for third-degree murder. The majority observes, intent is generally to be inferred from the nature of the congratulatory letter announcing the city! Talks about twists of fate on his website and how often critical events arise of! Had not proved guilt beyond a reasonable doubt & # x27 ; re family her. The Shakopee womens correctional facility for third-degree murder lois had grown up in an impoverished family of sixteen siblings used. 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