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- Princeton Union-Eagle Princeton, MN 9/30/04
Jasmin Elizabeth Bigler Jasmin Elizabeth Bigler, 4 months, died Sept. 20, 2004, atFairviewNorthland Regional Hospital, Princeton. She was born May 26, 2004, at St. Cloud Hospital, St. Cloud. She is survived by her mother, Tiffany-Jade Bigler, and brotherJadenBigler, both of Princeton; grandparents David Saxon Jr. andElizabethFeulner; and great-grandparents Gean and Lellah Bigler. The funeral was Sept. 29 at Church of Jesus Christ of Latter DaySaints,Princeton, with Bishop Paul Gross officiating. Pallbearers were Gene Day, David Saxon Jr., David Saxon III,K.J.Feulner, Ben Sowers and Jaden Bigler. Burial was in Oak Knoll Cemetery, Princeton.
Man Charged With Murder In Death Of Girlfriend's Daughter 9/24/2004
(AP) Princeton, Minn. A 19-year-old Princeton man was charged withmurderThursday for allegedly punching a 4-month-old girl in the headwhen shewouldn't stop crying.
Kelly Steven Jaime Braun, who was convicted of domestic assaultearlierthis year, is believed to be the father of Jasmin ElizabethBigler.
She died early Monday after receiving a blow to the back of thehead,according to documents filed in Mille Lacs County.
According to the criminal complaint, Ramsey County medicalexaminerMichael McGee listed the cause of death as "closed head traumadue tochild abuse."
In addition to the brain injury, the infant also had 11 fractured ribsinvarious stages of healing, McGee said.
The baby's mother, Tiffany Bigler, 19, said that Braun had hit herbeforeand kicked her in the stomach when she was pregnant with Jasmin.Biglersaid she was shocked that he hurt his own baby.
First-degree murder now in infant's death Braun accused of killing daughter By Dawn Slade 11/24/04 Princeton Union-Eagle Princeton, MN
Originally charged with second degree murder for killing hisinfantdaughter, 19-year-old Kelly Braun is now charged with firstdegreemurder.
Braun was indicted on Wednesday, Nov. 10 by a Mille Lacs Countygrandjury and was arraigned on Friday, Nov. 12 when bail was increasedto$750,000.
Braun was arrested for the murder of his four-month old daughterJasmineon Sept. 20.
The infantís mother, Tiffany Bigler, 19, of Princeton, has a secondchildwith Braun, a one-and-a-half-year-old son.
ìIím glad it was raised,î Bigler said of bail, ìbut he doesnítdeservebail at all for killing a baby.î
Braunís parents recently retained a defense attorney for theirson,Cynthia Vermeulen of Vermeulen Law Office in St. Cloud.
The autopsy report showed Jasmine had 11 fractures to her ribs thatwerein various stages of healing, as well as evidence of closed headtraumathat had occurred within 24 hours of her death.
Even though Bigler had an Order for Protection (OFP) on Braunforassaulting her (he allegedly punched her in the stomach) andcausingtheir daughter to be born prematurely, she said she loved himand shewanted to give him a second chance.
ìI didnít think heíd ever harm the children,î Bigler said. ìHeís hitmebefore, but I figured if I showed him as much love as I could, hewouldchange. I believe everyone should be given a second chance.
ìI didnít want my kids growing up without a dad.î
Bigler was raised by her mother and step-father David Saxon, Jr. Shehasnever known her real father.
Bigler said she blamed her mother for her father not being thereandadded that she didnít want her children blaming her for the samething.
Bigler said she continues to have nightmares about her daughterísdeathand about Braun being let out of jail and coming after her.
ìIf he gets out, heíll come after me,î Bigler said. ìHeíll hunt medown.
ìI donít want him to ever get out of prison. I donít want him outuntilthey carry him out in a casket.î
Biglerís mother, Elizabeth Feulner, said Bigler had telephoned herthenight before Jasmine was murdered asking that the grandmotherwatchJasmine the next morning.
Feulner offered to take Jasmine that evening, knowing thatprematurebabies require a lot of work and wanting to give the couple aneededbreak.
ìI keep thinking, if I had taken Jasmine...î Feulner said.
Bigler and Feulner said they never saw any bruises on the baby andclaima nurse who visited the home on a weekly basis also did notnotice anybruises.
ìShe was a fussy baby,î Feulner said. ìBut, I wonder if thatwasnítbecause of her ribs being broken.î
When asked why she allowed Braun to return to her home while there wasanOFP on him, Bigler said, ìI believe people can change. But if I hadknownhe was harming Jasmine, that wouldíve changed everything.î
Bigler and her mother plan on attending Braunís hearings and trial.
ìI just want to know why,î Bigler said. ìWhat was going through hishead?How can you hit a child?î
Bigler said sheís talking to the media about her daughterís deathbecauseshe wants other women who are in an abusive relationship tounderstandthat it will likely turn to abuse on the children.
ìOther women should be aware that if their boyfriend is beatingthem...itwill move on to the kids,î Bigler said. ìGet your things andleave. Payattention to the signs that come along with abuse.î
Feulner said, ìWe tried to get her out of the relationship. But herselfconfidence was so broken down. It [abuse] makes them feel like nooneelse would want them.î
ìI wouldnít wish this upon anybody,î Bigler added. ìAll I can do nowisthink about me and my son.î
Mille Lacs County Attorney Jan Kolb said they are not bringinganycharges against Bigler, such as neglect, at this time.
Bigler was charged in Benton County in April with violating an orderforprotection Braun had on her. She was sentenced to 90 days in jailand oneyear probation. She spent two days in jail for the misdemeanorcharge.
Art Braun said he is unsure if they will be able to post bail fortheirson.
ìI canít talk to him and canít ask him what heís thinking,î Art said.ìIdonít know what happened, other than what the attorney has said andshecanít tell us anything because of the attorney/client privilege.
ìIím just left in the dark as to what has happened.î
Art said they visit their son each week at the Mille Lacs CountyJail,however they are monitored and not allowed to talk about thecase.
ìItís a bad ending to a bad situation,î Art said.
Braun has been arrested in various counties for assault, drugsandviolating orders for protection. His next court appearance isscheduledfor Tuesday, Dec. 14.
He now faces a sentence of life in prison.
Ruling coming on Braun standing trial for murder Princeton Union-Eagle Princeton, MN 2/3/05
Kelly Braun, the 19-year-old Princeton man indicted in November onacharge of first-degree murder in connection with the death ofhisfour-month-old daughter Jasmine last Sept. 20, is scheduled back inMilleLacs County District Court on March 1.
Jasmine was found with 11 rib fractures in various stages of healingandclosed head trauma within 24 hours of her death.
Braun is in jail on $750,000 bond.
Braun's attorney, Cynthia Vermeulen, made a court motion for a Rule20exam to determine if Braun is capable of standing trial.
On Monday Mille Lacs County Attorney Jan Kolb received thecourtscheduling for Braun to appear in district court in Milaca at 10a.m. onMar
The evaluation has been completed on whether or not Braun is capableofstanding trial and the court should decide March 1 if he is capable,saidKolb.
Contents of the evaluation are confidential.
Father pleads second degree murder in daughterís death By Dawn Slade Mille Lacs County Times 3/16/2006
Kelly Steven-Jaime Braun, 20, of Princeton came to an agreement withthestate on Wednesday, March 8 and pled guilty to second degree murderforthe death of his infant daughter.
Braun was arrested in September 2004 and charged withmurderingfour-month-old Jasmine Bigler.
In November 2004, a Mille Lacs County grand jury charged Braun withfirstdegree murder.
Rather than face trial, Braun agreed to the plea agreementnegotiatedbetween assistant county attorney Tara Ferguson Lopez anddefenseattorney Cynthia Vermeulen.
Due to the vulnerability of the victim, the prosecution is seekinganupward departure from 150 months to 225 months (over 18 years) inprison.
The infantís mother, Tiffany Bigler, called 911 on Sept. 20, 2004sayingher daughter was not breathing. The infant was pronounced deadat 5:05a.m. at Fairview Northland Medical Center.
An autopsy found evidence of closed head trauma. The coroner reportedthebrain injuries had occurred within 24 hours of the little girlísdeath.In addition, the infant had 11 fractured ribs in various stagesofhealing.
According to the criminal complaint, Tiffany Bigler had gone tobedaround midnight and the baby was allegedly healthy. Braun agreed tostayup and feed the baby. Bigler reported she was woken by Braun whosaid thebaby had stopped breathing and thatís when Bigler called 911.
Braun later admitted he had punched the child in the back of theheadwith a closed fist because he was frustrated with her crying.
Braun has previous convictions for domestic assault and violation ofanorder for protection.
Elizabeth Feulner, Biglerís mother, told the Times prior tothesettlement conference, ìI donít want to settle for anything lessthanfirst degree. Weíre not happy with the plea bargain theyíreoffering.î
Feulner said she and her daughter wanted Braun to receive life inprisonwithout parole.
Feulner said the reason the county attorneyís office didnít wanttoproceed with trial is due to the problems her daughter has hadandcurrently has with the law.
She told the Times her daughter is being charged with assaultagainstTiffanyís brother as well as Feulner, but that Feulner didnítwant topress charges.
County attorney Jan Kolb said of the infantís mother, ìThatdefinitelyplayed a part in it. There was a lot of concerns with herhistory and hercurrent situation.
ìWe had concerns about how several of the witnesses may testify andthatcertainly weighed in. Thereís always a risk going to trial thatyou couldwalk away with a complete acquittal.î
ìWe certainly didnít give this case away by any means,î Kolb added.ìHadhe not taken the plea, we would have gone to trial.î
A settlement conference regarding the assault charges against Biglerhasbeen scheduled in Benton County for April 6.
Bigler is also on probation for assault charges in Stearns County.
ìEver since this baby was murdered, itís ripped our family apart,îthegrandmother said.
Braunís parents, Patricia and Art Braun, did not want to comment ontheirson��s plea agreement.
Judge Michael Jesse has been presiding over the case, however he isnowchambered in Benton County, therefore Braunís sentencing isscheduled forMay 3 in Benton County.
Braun will be transferred to the Minnesota Correctional Facility inSt.Cloud this week through an interim commit, until his sentencing inMay.
Braun makes murder pleas in baby's death By Joel Stottrup 3/16/06 Princeton Union-Eagle Princeton, MN
The sentencing of 20-year-old Kelly Jamie-Steven Braun of PrincetononMay 3 for the murder of his nearly four-month-old daughter JasminonSept. 20, 2004, will be a formality.
That's because of the guilty plea Braun made March 8 in Milacaforsecond-degree unintentional murder.
The plea agreement came before Judge Michael Jesse at the MilleLacsCounty courthouse. As part of the agreement Judge Jesse dismisseda moreserious charge of first-degree murder.
The agreement stipulates a sentence of 225 months, of which 150 willbeincarceration and 75 will be supervised parole, providing Braunmaintainsa good behavior record in prison.
The approximately 18 months Braun has spent in jail since his arrestonSept. 21, 2004, will be subtracted from his sentence of 12 and ahalfyears, meaning he will have about 11 years remaining in stateprison.
The sentence is one and a half times the recommended time due tothevictim's vulnerability, not only as an infant but of having beenbornprematurely and underweight.
Braun appeared tense as he answered questions for about 45 minutesaspart of his plea agreement process. His lips didn't move much asheanswered either "correct" or "yes" for the many questions put tohim.Most of the questions were from his defense attorney, CynthiaVermeulen,whose office is in St. Cloud.
Less than a dozen people were in the audience where the silencewasinterrupted only once and that was toward the end ofVermeulen'squestions when the details of Braun's assault on Jasminwere reviewed.
The details were brought out to have Braun admit in court that heusedhis closed fist to strike the back of Jasmin's head as he wasapparentlytrying to get the baby to stop crying during the night ofSept. 20, 2004.
Jasmin's mother, Tiffany Bigler, who was seated in the courtroom,startedcrying as she listened to the account of how her daughter died.AsTiffany cried, her mother Elizabeth Feulner held her.
Princeton police received a report shortly before 6:30 a.m. on Sept.20,2004, from Sherburne authorities that Jasmin had been brought tothehospital in Princeton but had died earlier at a Princeton residenceundersuspicious circumstances.
The autopsy showed that besides trauma to Jasmin's head within 24hoursof her death, she also had 11 rib fractures in various stages ofhealing.
The criminal complaint states that Bigler had gone to bed at midnightofSept. 19, 2004, with the agreement that Braun would take care ofthebaby's needs that night.
Vermeulen, toward the end of her questioning in the plea agreement,askedBraun if he wasn't frustrated the night of Sept. 20, 2004 aboutthebaby's crying.
Was not the baby "spitting up regularly" and "crying repeatedly andwereyou not doing the best you could to treat her?" Vermeulen asked.
"Yes," Braun answered tersely.
"Is it fair to say you became frustrated?" Vermeulen continued,receivinganother yes from Braun.
"You struck the child in the back of the head with a closedfist?"Vermeulen asked, receiving a "correct" from Braun.
"Is it agreed that doing that caused great bodily harm?" Vermeulenaske
Vermeulen received an affirmative answer from Braun and for aquestionasking if it was a felony offense to strike Jasmin as he did.
When Vermeulen asked Braun whether Braun's striking Jasmin causedJasminto die, Braun hesitated before answering, "correct."
Vermeulen then asked Braun if it was correct that he hadn't intendedtohurt the child or kill it, nor did he want Jasmin to die andBraunanswered, "correct" to those questions.
That was when Bigler began to cry in the courtroom.
The questions from Vermeulen continued along the same line thatBraun'sfelony assault with a closed fist was not meant to kill Jasmin,but thathe did agree that Jasmin was particularly vulnerable.
When prosecuting attorney Tara Lopez took over questioning Braun forashort time, she asked if swinging his fist at Jasmin's head was meanttostrike the child.
"How do I answer that?" Braun replied.
"It wasn't an accident," Lopez responded.
"I wasn't thinking," Braun replied.
"You intended to hit her when you swung your fist into the back ofherhead," Lopez continued, adding that the first-degree assaultwasintentional.
Vermeulen responded that Braun had committed a felony offense, whetheritwas intentional or not.
Judge Jesse interjected that assault is an intentional act.
Vermeulen picked up the questioning again by asking if Braun did nothavemuch sleep the night of Sept. 20, 2004 and was "sleep deprived."
Braun answered yes and Vermeulen asked if he had not been "distraughtandupset" that night, and Braun agreed.
Vermeulen asked him if he had a fair amount of "depressionandhelplessness" the night of Jan. 20, and that he struck Jasmin tostop thecrying, and Braun agreed.
The hearing ended with Jesse accepting Braun's plea tosecond-degreeunintentional murder.
Braun is scheduled to begin serving what is called an interimsentencestarting March 17 in state prison, rather than continueserving time injail until his May 3 formal sentencing.
Had Braun not accepted the plea agreement, he would have had tostandtrial for first- and second- degree murder.
Reactions
A few days before Braun's plea in court, Bigler and her motherFeulnertold the Union-Eagle they were upset that the first-degreemurder chargewas being dropped in the plea agreement.
However, even though Bigler and Feulner two days after Braun'sguiltyplea were still saying they thought Braun should have receivedafirst-degree murder conviction, they seemed to have come to termswiththe plea agreement.
They said they understood the plea agreement better after MilleLacsCounty Attorney Jan Kolb and assistant attorney Lopez gaveanexplanation.
By getting Braun to plead guilty to second-degree unintentionalmurder,it means there is a conviction with a certain amount of prisontime, Kolbsaid after the hearing. She also mentioned how the sentencewill be anupward departure.
The plea is a "good result, good resolution," said Lopez. "Itprovidesclosure for the victims."
Not having to go through a trial also spares the families from amorelengthy review of what happened when Jasmin died, and there isnoguarantee of any conviction in a trial, said Lopez.
"I guess we're OK with it," said Feulner by telephone the dayafterBraun's plea. "We know he's going away a long time."
Recalling the plea agreement in court two days earlier, Feulner saidthathearing the details of Jasmin's death was "hard to hear."
Feulner then recounted how Braun had brought the baby to Bigler thenightof Sept. 20, 2004, and woke her up to tell her the baby was nolongerbreathing.
Bigler then called 911 and took information on how to try toresuscitateJasmin until emergency services personnel could arrive.
Feulner said that before Jasmin died, Jasmin opened her eyes justenoughto take "one long last look" at Bigler and then closed her eyes."Thebaby knew she was going and wanted to take one last long look. . .andthen left to go to the other side with the image of her mother. .."Feulner said.
Feulner called Jasmin a "real fighter," starting with survivingafterbeing only 3 pounds, 11 ounces at birth.
When Jasmin died she had already gone through apnea breathingproblemsand having fractured ribs, said Feulner, asking, "How manybabies survivethat?" "If we had only known [that Jasmin was beinginjured]. We rackedour minds. What did we miss?"
When Bigler and Feulner went to Oak Knoll Cemetery in PrincetonlastFriday to visit Jasmin's grave, three-year-old brother Jaden camealongand several times at the grave site, said, "Baby," referring toJasmin.Feulner brought along the small blanket that had sat atopJasmin'scasket, and a headband that Jasmin had worn.
Bigler spoke of the pain of having lost a little girl that had "herwholelife ahead of her."
When Bigler was asked if she understood how the plea agreementwasreached, she answered, "Somewhat," but said the prosecution shouldhavestuck with first-degree murder because the victim was an infant.
But no matter what the conviction, it's not going to bring Jasminback,not going to replace anything, Bigler said.
"She was here such a short time, but she stole all of our hearts,"saidFeulner.
Feulner talked about how her church teaches that people have toforgiveand Bigler mentioned the Bible saying the same.
Feulner expressed hope that Braun will come out of prison better thantheway he is when he goes in and said Braun has "anger issues that heneedsto deal with."
He should have had more guidance as a child to deal with such thingsasbeing adopted and that his origins are Columbian, Feulner said.
Bigler said she wonders if she could have done more to preventJasmin'sdeath and that she hopes to dedicate time to try to warn othermothers ofwhat to look for in potential child abuse.
Father gets 12 years in prison for murdering daughter by Dawn Slade Mille Lacs County Times 5/15/06
A mother lost her daughter, a son lost his sister and now the personwhostole the infant girlís life will be in prison for at least thenext 12years.
Kelly Steven Jaime Braun, 21, of Princeton was sentenced Wednesday,May 3for murdering his three-month-old daughter in September 2004.
The sentencing was held in Benton County Court where District CourtJudgeMichael Jesse presides.
Jesse sentenced Braun to 255 months in prison (over 21 years) formurderin the second degree. Of that time, Braun will be incarcerated150 months(over 12 years) and as long as there are no violations,heíll be onsupervised release for the remaining 75 months.
Jasmin Bigler died at Fairview Northland Medical Center on Sept.20,2004.
Braun later admitted to punching the child with a closed fist to thebackof her head because he was frustrated with her crying.
Though Braun had prior convictions for fifth degree assault andaviolation of an order for protection, defense attorney CynthiaVermeulenargued that the offenses didnít constitute a criminal historyrating ofmore than zero.
Judge Michael Jesse agreed and stated the pre-sentenceinvestigation(PSI) rating for Braun would be zero.
Vermeulen also pointed out some errors in the PSI regarding Braunísworkhistory, treatment and time lines relating to Biglerís residencestatus.
Prosecuting attorney Tara Ferguson Lopez stated again the reasonthestate was seeking an upward departure to 255 months, whichisone-and-a-half times the sentencing guideline.
ìItís tragic not only because of the offense itself, murder, but inthiscase a three-and-a-half-month old child. His own child,î FergusonLopezsaid.
The court heard victim impact statements from the infantísmother,Tiffany Bigler, and the grandmother Elizabeth Feulner.
Bigler talked of how she would never see her daughter take herfirststeps, say her first words, go to prom or hear her say, ìI loveyouMommy.î
Bigler went on to say, ìNobody should go through this. I hope he getsthehelp he needs in prison and Iíll pray heíll be a better man thanwhen hewent in.
ìOn Sept. 20, 2004, it was the end of my family as I had known it, intheblink of an eye.î
Feulner said God lends us children. He is their Heavenly father andweare their earthly parents, she said.
ìHe picked you, Kelly, to be Jasminís earthly father. You failedtoprotect Jasmin. You failed God and you failed as a father.î
Feulnerís question as to why Braun killed Jasmin went unanswered.
Vermeulen said Braun was adopted from Columbia at the age of 18 monthsbyPat and Art Braun. He has detachment disorder and ADD (attentiondeficitdisorder), the defense attorney stated.
Vermeulen added, ìHe didnít have major problems until he metTiffanyBigler and her family.
ìThese were children having children. Kelly was a good fatheruntilSeptember 20, 2004. There was no evidence of any prior abuse [byKelly].î
Vermeulen spoke of Braunís sleep deprivation, stress and depressionatthe time of Jasminís death.
ìHe didnít intend to kill her,î she said. ìNothing he can do makesitright or brings her back.î
Vermeulen said Braun told her, ìI hate waking up every day...Icanítexpress the remorse.î
Vermeulen later told the Times, ìI think thereís no question thisyoungman is remorseful and it was unintentional.î
Vermeulen said her client hit the infant once, but the baby wasfragilefrom being born prematurely. She also said there are still alot ofunanswered questions in the case.
ìThe credibility of witnesses on both sides, especially the stateís,wasa factor in resolving the case and the plea offer.î
Braun did not comment at the sentencing.
Braun is serving his time at the Minnesota Correctional Facility inSt.Cloud.
The couple also has a three-year-old son.
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