Virgil Robert Love Jr, 68, of Crookston, MN, passed away unexpectedly of natural causes Monday morning, March 7, 2022, at RiverView Health in Crookston. 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. This contention is incorrect. A staunch Catholic and member of St. Mary of the Lake Church, Lois Jurgens only wanted a baby of the same faith. 609.205(1) (1965). Finally, it appears the court, which felt it had the option to sentence under the guidelines, may have ordered a PSI if defense counsel had not taken the position that she could not be sentenced under current law. Moreover, the confusing verdict also leaves open the possibility that the jury speculated on a dangerous weapon and specifically found the absence of an intent to inflict great harm, a finding that emphatically supports consideration of a manslaughter offense. She appeared dowdy and rigid, outwardly indifferent and unmoved by the scene at hand. Story updated Sept. 28 at 4:10 p.m., CDT, with additional details of the letter signed by Ronald Vasek. With Beverly D'Angelo, Dana Ivey, Michael McGrady, Max Gail. Jurgens also contends she sought submission of first degree manslaughter. Jurgens claims the indictment should have been dismissed because the grand jury had the amended death certificate before it. Winds light and variable.. 609.225, subds. He grew up to be a police officer and moved to Crookston. A distinguished clergy member accused of sexually abusing a teenage boy at the Diocese of Crookston about 40 years ago has broken his silence to deny the allegations. for rev. McGee testified the peritonitis would have caused Dennis great pain and it was not possible he had been in the bathroom, talking, shortly before his death. I was shocked, she said. Aided by the testimony of the Jurgens' other adopted son, Robert, the prosecution saw Lois . 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. Joel Jurgens with Forest Pathology at the University of Minnesota : B. Arenz : R. Blanchette : T. Burnes : B. Last week, Judge David Marsden . After the Jurgens moved to Stillwater, Twedt would babysit for the new family at 2148 S. Gardenette. The trial court did not err in refusing to dismiss the indictment. CALL: 218-281-5595 * Store this number in your phone now to get you and your family back on the road this winter! The *550 jury returned a verdict finding Jurgens not guilty of second degree murder and guilty of third degree murder (count not specified). Local grocer Bill LeVasseur was elected president of the White Bear Lake Chamber of Commerce in 1965, replacing Bob Brass. Under Leinweber, lesser instructions on manslaughter are required where the jury could rationally conclude that the defendant's conduct, although intentional, was not felonious. This site is protected by reCAPTCHA and the Google. At the time of trial, the parties did not have the benefit of the holding in State v. Johnson, and they could not be confident defendant could legitimately waive the statute of limitations. Dr. Votel, who viewed the body, testified that he felt Dennis was a battered child, that he was told White Bear Lake police were investigating the death, and that he marked the mode of death on the death certificate as "deferred" to await further information from the investigation. 1. Although this statement was double hearsay, Jurgens has not challenged the hearsay admissibility of Lois Jurgens' statement to her husband. The Press recently spoke with the author, who teaches journalism at the University of California-Irvine, reminding him of the milestone. . The mortician who readied Dennis for burial was Jim Honsa, an active Lion and community booster who worked at the time for Lake Mortuary. Did the court err in admitting the hearsay statement? Robert Jurgens testified he woke up in the middle of the night and heard Dennis and his father talking in the bathroom. 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. Be Nice. single-family home with a list price of $159000. Given these facts, the jury had good reason to acquit appellant of third degree murder and a rational basis for convicting her of manslaughter. He happened to be in the hospital for pneumonia when their house burned down in November of 65. Those who remember the case know it reopened after Dennis biological mother, Jerry Sherwood, went looking for the son she surrendered at birth. 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. He re-examined the small bowel and reviewed the 1965 autopsy report. Although a number of these cases are prosecutions for first degree manslaughter, see Schleret v. State, 311 N.W.2d 843 (Minn. 1981), State v. Goblirsch, 309 Minn. 401, 246 N.W.2d 12 (Minn. 1976), and Loss, we find no indication battered child syndrome cannot be used to help establish felonious intent. Providing a full suite of technology applications and tools: Customer interaction channels (IVR . She was 36. Minn.Stat. racist or sexually-oriented language. 2182814215. That is what killed Dennis: infectious fecal material had flowed into his abdomen. 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). Details. Critically, as the majority observes, there is no other evidence here as to the nature of the act that fatally harmed the child. He remembers Lois chasing him with a broomstick if he stepped foot on her lawn. Moreover, the psychologist who examined Jurgens in September 1965 found no signs of mental illness. HUD for a two-bed apartment in Polk County. 5722 Wood Duck Cir, Excelsior, MN 55331: Robert W Jurgens, age 54: 101 Ironcreek Pl, Apex, NC 27539 (919) 267-6730: Robert R Jurgens, age 91: 9705 Mountain View Rd, Scottsdale, AZ 85258: Robert D Jurgens, age 80: 1601 Winona Ct, Denver, CO 80219 (303) 727-8998: Robert Jurgens: 2602 Lincoln St, Beatrice, NE 68310 (402) 223-5006: Dr. McGee testified the perforation of the ileum was caused by a blunt, traumatic injury occurring from 8 to 48 hours before death. The bruises were still visible on the now leathery brown skin. Court of Appeals of Minnesota. Witnesses testified that Jurgens told them she put a clothespin on Dennis' penis to stop bedwetting. Ironically, there is another 50th anniversary this month the death of an abused 3-year-old boy named Dennis Jurgens. Gen., Tom Foley, Ramsey Co. He was 41 when it published. CROOKSTON, MN (www.advanced-towing.com) Advanced vehicle service and tires. In any event, from the state of his body at death, they could have inferred very recent abuse of a severe nature. Rev. The medical expert testimony established that Dennis' death was caused by blunt trauma to the abdomen (or possibly the *553 lower back). Cable Modem is the type of internet connection. We had children the same age so it hit him hard., White Bear Historical Society Executive Director Sara Markoe Hanson remembers watching the body being exhumed on the television news. 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. Find A Grave Memorial. 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. 431 Robert St E, Crookston, MN 56716 is pending. However, he had no authority to make any promise concerning prosecution. Here there was no direct evidence of the blow causing Dennis Jurgens' death, only medical evidence establishing the force of the trauma. Jurgens might have been prejudiced by the delay if the lost medical records conclusively supported her experts' diagnosis that she suffered from paranoid schizophrenia. I remember going over there and trying to get them to play with us but they couldnt. June Bol's testimony did not have substantial probative value, not only because the state established the battered child syndrome, but also because the statement did not establish Lois Jurgens had been "at it" any more severely than in the past, when her abuse had not resulted in any fractures or internal injuries. And for a week in mid-July, a TV station showcased White Bear Lake. He died on Palm Sunday, April 11, 1965, the same week elated city leaders celebrated an award from the National Municipal League and Look magazine. Most of Jurgens neighbors on South Gardenette Drive were still there that summer, and willing to reminisce about the neighborhood, the little boy who died that Palm Sunday and his reclusive parents, whom no one seemed to know. In State v. Whiteside, 400 N.W.2d 140, 146 (Minn.Ct. However, there was evidence of interference in the 1965 investigation of Dennis' death by Jurgens' brother, White Bear Lake police lieutenant Jerome Zerwas. Not unlike all his team members, he chooses to wear a blue Armour when fighting in official beybattles. A defendant challenging pre-indictment delay must show more than potential prejudice. Private Schools. 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. The court stated there were grounds for departure, and it would have imposed a sentence under the guidelines of at least 15 years. 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. 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. Please log in, or sign up for a new account to continue reading. Much of the evidence showing battered child syndrome and showing the cause of death of such a child is circumstantial. OXFORD REALTY, LLC. In State v. Soukup, 376 N.W.2d 498, 501 (Minn.Ct.App.1985), pet. The difference was this time the medical examiner immediately thought child abuse.. He grew up in Columbus and was a graduate of Ft. Knox High School there. 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 . This court has recently held a criminal statute of limitations is not jurisdictional and can be waived by the defendant. Cloud Times page for free from Wednesday, September 2, 1987 ud. PeopleFinders is the best people search for contact info and public records. See State v. Warren, 419 N.W.2d 795 (Minn.1988). Harold and Lois Jurgens, a middle-class, churchgoing couple in picturesque White Bear Lake, Minnesota, had adopted Dennis and five other foster children. Paul T. Jurgens, Christina L. Aquilante . Delwin received his education in the Windom Public Schools. The legislature has determined there should be no statute of limitations for murder. Dr. McGee conceded that battered child syndrome is not a cause of death, but testified the syndrome helps support a finding of homicide. Be Truthful. They have also lived in Maple Grove, MN and Saint Paul, MN. Full-service Crookston law firm proudly serving the Northwest Minnesota area since 1889. Where is your brother? 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. Bobby was born in Crookston on January 11, 1953, the son of Charles and Mamie (Berg) Johnson. In this case, the trial court did not address the question whether the evidence required a manslaughter instruction, evidently concluding instead that appellant could not waive the statute of limitations on manslaughter. 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. Dennis death certificate indicated the cause of death as peritonitis due to traumatic perforation of the small bowel. 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."). 19 online majors. Robert Kent Crookston (1943- ) is the associate director of the Brigham Young University Faculty Center. 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. 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. 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." 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