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Attorney General's Office not to assist in Good Sam case
Freeborn County Attorney's Office to issue charges in next few days
Published Saturday, November 22, 2008
The Minnesota Attorney General’s Office no longer will be assisting the Freeborn County Attorney’s Office in prosecution against the four teenagers allegedly involved in abuse at the Good Samaritan Society nursing home of Albert Lea, according to a news release issued Friday by the Freeborn County Attorney’s Office.
Freeborn County Attorney Craig Nelson states in the release that his office received a formal letter written by Deputy Attorney General David S. Vogt on Thursday that was dated two days prior. It advised that the state Attorney General’s Office would not be helping with the criminal prosecution of the former nursing assistants because it now intends to represent the Minnesota Department of Health in a civil appeals case also tied to the Good Sam abuse allegations.
Nelson will issue charges and juvenile petitions within the next few days as deemed appropriate from the obtained evidence, the release states.
According to the release, the Minnesota Department of Health and Human Services disqualified four teenagers allegedly involved in the abuse from working at any licensed or unlicensed care facility in Minnesota, and “three of the suspects have challenged the maltreatment findings and the administrative disqualifications.”
Because the Attorney General’s Office believes the civil appeals process and the criminal process must be kept separate, the Minnesota Attorney General’s Office will represent the Minnesota Department of Health in the civil portion but will “not be providing the Freeborn County Attorney’s Office with any information it has obtained through the production of information or evidence in the civil/regulatory process,” the release states.
“Because the allegations raised in the civil proceedings are very troubling, the Attorney General’s Office intends to vigorously represent the Department of Health in the contested administrative litigation,” it continues.
The Freeborn County Attorney’s Office is recovering the criminal investigative files from the Minnesota Attorney General’s Office and is assessing the situation, according to the release.
Prior to this, the state Attorney General’s Office had taken over the prosecution of the two suspects who were adults at the time of the alleged incidents, and Nelson’s office was prosecuting the other two suspects, who were 17 at the time.
They are all now 18 or older.
Craig Nelson
At that time, Nelson said he thought an objective, third party outside of the community would be better situated to make the final prosecutorial decisions for the adults in the case.
On Friday, the county attorney told the Tribune in an e-mail that from a personal and emotional standpoint, it would have been nice to have had an outside agency, such as the Attorney General’s Office, handle the prosecution.
“Not being from the community and not being subject to personal scrutiny, their charging and prosecutorial decisions, and their ability to reach a conclusion in cases such as these would be perceived as being more objective, impartial and less subject to second-guessing at every turn,” Nelson said.
But with that not being the case, he said it is his duty as the elected Freeborn County Attorney to prosecute crimes.
“I have a job to do, and I always try to do the best job possible,” he said.
He does not have a conflict of interest, he said.
“I have always lived in this smaller community,” Nelson said. “I know or have had dealings with many people. In this case I know people who work or have worked at Good Samaritan. I know people who currently live at Good Samaritan — some of those people are dear personal friends. I know some members of the families of both the nursing assistants involved in the case and the elderly persons who are the victims of improper care. However, I do not have any personal connections that would be the basis for claiming that I cannot do my job fairly or impartially.”
He went on to say: “In cases such as these involving multiple defendants arising out of confusing circumstances and involving the same or similar incidents, it is important to carefully coordinate the individual prosecutions and the testimony of victims and witnesses. Here the alleged victims cannot testify. Here the potential suspects in the case include juveniles and adults. My office does have exclusive authority to handle both types of prosecution, however, in prosecutions involving multiple defendants it is sometimes necessary to not charge or engage in plea negotiations with those who are less culpable in order to pursue charges against more culpable defendants.”
The frustration that often comes with these cases, he said, is that the penalty levels of what can actually be charged are usually less than what the families of the alleged victims would want.
“Any plea will be subject to criticism, at the same time that the prosecutor has to be to prove each defendant guilty — using proper evidence ‘beyond a reasonable doubt,’” he said.
The details of abuse allegations surfaced after the release of a Minnesota Department of Health report Aug. 28 that concluded four teenagers were involved in verbal, sexual and emotional abuse of 15 residents at the nursing home in Albert Lea.
Charges and petitions will be filed in Freeborn County District Court and those teenagers charged will be notified by mail of the charges. The names will be made public at the time of the charges.
The Freeborn County Court Administrator’s Office will establish dates and times for the first appearances in court.
Comments
Posted by gowild (anonymous) on November 21, 2008 at 2:13 p.m. (Suggest removal)
Is anyone as surprised as I am?
Posted by citizen07 (anonymous) on November 21, 2008 at 2:53 p.m. (Suggest removal)
I am not surprised that the girls are contesting it. They probably had hopes of becoming nurses or working in another sector of the healthcare field. This just keeps getting drawn out longer and longer.
Posted by geokarjo (anonymous) on November 21, 2008 at 2:56 p.m. (Suggest removal)
These girls have an excellent attorney representing them. By forcing the trial proceedings back to the county attorney's office the case will take too much of the counties resources to proceed with and plea bargains will be offered.
Posted by taxpayer (anonymous) on November 21, 2008 at 3:34 p.m. (Suggest removal)
What a crock!!!!! It sounds to me like these individuals are going to get off with a plea bargain which will be nothing more than a slap on the wrist. Where in the @#$$ is the justice in that?? I was wondering what kind of plea bargains the victims will be offered??
Posted by speakup (anonymous) on November 21, 2008 at 3:38 p.m. (Suggest removal)
I have faith these women will not get by with just a tap on the wrist. This is such a disturbing case, and we likely don't even know all the disgraceful details. I am glad to see some progress being made. The sooner this case is settled the better. As for plea bargains... I don't think the public would have much faith in our local officials if something this heinous was allowed to be plead out.
Posted by metisman (anonymous) on November 21, 2008 at 4:10 p.m. (Suggest removal)
Isn't Nelson known as Mr. Plea Bargain? Without good witnesses, I don't know how Nelson will successfully go to trial against a big time attorney.
Posted by ladybug (anonymous) on November 21, 2008 at 4:25 p.m. (Suggest removal)
I hope speakup is right. If they would get by with this, it would open up doors, and others would think they could get by with something, and on and on it would go.
Posted by 57boy (anonymous) on November 21, 2008 at 10:13 p.m. (Suggest removal)
what are we paying taxes for???absolute crock!!!!
Posted by AzAce (anonymous) on November 21, 2008 at 11:26 p.m. (Suggest removal)
I have a difficult time understanding why the Attorney General's office would put a higher priority on the civil case rather than prosecuting the offendors.
Posted by speakup (anonymous) on November 22, 2008 at 7:46 a.m. (Suggest removal)
we all make good points, and this is the perfect example of why it is so important to choose your vote wisely when you have the chance. So many elected officials just are not working for the people anymore. This sort of practice has to stop. If "Mr. Plea Bargain" has difficulty with his work load maybe he should return to the private sector. Prosecuting these women to the fullest extent of the law is the ONLY answer. Let a jury decide. If the evidence is not there, so be it, but at least the victims in this case will get their day in court. Offering a plea to "conserve resources" is a sickening scenario. Going to trial on this would be money well spent.
Posted by anasgrammy (anonymous) on November 22, 2008 at 1:47 p.m. (Suggest removal)
this really stinks. i think there will be a plea bargain and a slap on the wrist and a few hours comminunity service along with unsupervised probation. hopefully there community service won't be working with vulverable people. what they did is sick and they deserve to have the book thrown at them but i highly doubt that will happen. NO plea bargains Mr. Nelson. let them face a jury and let them decide. that's the only thing that would be fair to do considering their crime. don't let them off with a plea.
Posted by dj8887 (anonymous) on November 22, 2008 at 6:07 p.m. (Suggest removal)
Have you ever seen a bunch of bull! I just can't believe their names aren't released yet. Under age or over age, they committed a crime and they should have to pay for it for the rest of their lives and also be listed as sex offenders. Boy I wonder if they will be chased from whatever area they decide to settle at. Think about the guy (sex offender) that moved to Austin just recently and the public found out about him, now he is no longer living there, because he knew he would probably be taunted and harrassed. I also wanted to ask if anyone has seen a under age teenager name in the paper for under age drinking or getting caught doing something else before they turn 18 yrs of age. I HAVE! So, I believe this case shouldn't be any diffirent.
Posted by time2share (anonymous) on November 22, 2008 at 9:20 p.m. (Suggest removal)
Mr Nelson admitted that he knows the accused and the victims as well, he should be asked to step down as this would be considered a conflict of interest.
Posted by albertleanative (anonymous) on November 23, 2008 at 12:36 a.m. (Suggest removal)
If these sick individuals do get away with a plea bargain without their names released I hope the general public spreads their names by word of mouth. I certainly feel that they should not be trusted with any vulnerable person whether it's an elderly individual, a child, or a mentally impaired person. It's only fair that those who know who they are let the rest of us be warned.
Posted by dede (anonymous) on November 23, 2008 at 7:39 a.m. (Suggest removal)
I agree with time2share,
He is obviously not the man for the job...
I'd worry a little less about "personal scrutiny" and a little more about justice for the elderly people who endured this abuse. And shame on the defenders who will attempt to get these criminals off on a plea bargain, these girls are learning nothing except how money can get you out of trouble.
Posted by rellikdruid (anonymous) on November 23, 2008 at 9:37 a.m. (Suggest removal)
This will get done with a plea their names will not be released and they will not get listed as sex offenders. He knows them and said it was a conflict of interest.
Posted by SRO (anonymous) on November 23, 2008 at 9:47 a.m. (Suggest removal)
This is outrageous....excuse me while I go puke...
Posted by 57boy (anonymous) on November 23, 2008 at 9:52 a.m. (Suggest removal)
SRO....
I so agree with you.....no I'm going to go VOMIT !!!!!!
Should on Nelson's desk !!!!!!!!!
Posted by professional (anonymous) on November 24, 2008 at 12:18 a.m. (Suggest removal)
This is outrageous! Craig Nelson states, "from a personal and emotional standpoint, an outside agency would have been nice to handle the prosecution." What about from your professional standpoint that you should be able to handle anything that comes your way? The public obviously is wondering what your job description is if someone else should be hired to fulfill the duties. I'm baffled you think a third party would be better situated because I feel you are a hired professional that needs to be able to separate personal connections from justice/prosecution. If this is not possible for you, I suggest you do not live where you intend to work as this does not appear to be a good idea for you. According to the article, these girls (if that is what you call them) have been disqualified to work in a MN care facility - too bad there are plenty of other states for them to work in. I think I should contact Dateline or 20/20 to get this awful situation publicized nationwide because this is definitely disturbing. By the way, I work in a hospital and would NEVER even THINK about treating any of my patients in this manner.
Posted by SRO (anonymous) on November 24, 2008 at 10:37 a.m. (Suggest removal)
I second that Professional that we should contact Dateline or 20/20. This is battery. There is a Vunerable Adult Act.
Posted by taxpayer (anonymous) on November 24, 2008 at 11:01 a.m. (Suggest removal)
I also agree that Dateline or 20/20 should be contacted. I also think maybe that starting more closer to home with one of the local news stations might not be a bad idea either.
Posted by Cheyenne (anonymous) on November 25, 2008 at 8:45 a.m. (Suggest removal)
Dateline or 20/20 would eat this story and Albert Lea up! However, is this the type of publicity that Albert Lea needs? I don't think so. Yes I am outraged at the victimization of the elderly. I believe they should be prosecuted to the highest extent of the law and they should be registered as sex offenders, because that is what they are! I also firmly believe that they should be ALL charged as adults. They made adult choices!
Posted by mrhappy14 (anonymous) on November 25, 2008 at 11:30 p.m. (Suggest removal)
Professional, you hit the nail right on the head. Don't forget that this is the same guy who only 9 days after being re-elected sued the County because he felt he was under paid. Using Nelson's thinking, what should all of the AL police officers and Freeborn County deputies who were born and raised in the area do? What outside agency should they call to help with their "personal and emotional standpoints" when they have to investigate someone they know or grew up with? Mr. Nelson's history of prosecution, (lack there of) should speak for itself. If it was a family member of his I could understand needing a different prosecutor. He was elected do prosecute crime in Freeborn County and is now being paid more because he sued the tax payers of Freeborn County. Stand up job Mr. Nelson.
Posted by atprm_bbs (anonymous) on December 3, 2008 at 10:57 a.m. (Suggest removal)
Across the United States, we are just now learning of this ATROCITY and the punks that did this. Needless to say, we are absolutely DISGUSTED and OUTRAGED that so little, if anything will be done about these incidents. In the very least, the families of the infirmed should come forward with lawsuits against the defendants. How proud these parents of these teenagers are -- NOT! The reports of what transpired made me literally SICK to my stomach and brought a wave of tears to my eyes. This story has made an entire website of people literally sick to their stomachs. These defendants are POOR EXAMPLES of human beings and this story should be brought to the attention of Oprah Winfrey or Dr. Phil -- I think if they don't get prison time because of their actions, they should be PUBLICLY HUMILIATED on a NATIONAL LEVEL!!! It's absolutely DISGUSTING!!!
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