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Suspect in elder abuse case goes to court Monday
Lawyer questions constitutionality
Published Saturday, March 28, 2009
The second of the two young women charged as adults in the case of alleged abuse at Good Samaritan Society of Albert Lea is expected to appear in Freeborn County District Court Monday for a default hearing.
Larry Maus, attorney for Albert Lea High School graduate Brianna Broitzman, filed a motion with the court earlier this month questioning the constitutionality of Broitzman’s statements to investigators. He also filed an order with the court to dismiss the criminal complaint against his client for lack of probable cause.
The motions mirror ones made from co-defendant Ashton Larson’s attorney, Evan Larson, also questioning the constitutionality of his client’s statements.
Ashton appeared in Freeborn County District Court last Monday, when Judge Steve Schwab scheduled a contested omnibus hearing for April 21 to determine whether that concern is valid.
Brianna Broitzman
A contested omnibus hearing is also likely to be scheduled Monday in Broitzman’s case to determine these issues. Her case is scheduled for 1 p.m.
Broitzman and Ashton were charged in December with at least 10 counts each of fifth-degree assault, criminal abuse of a vulnerable adult and mandated failure to report suspected abuse of multiple residents at the nursing home.
The charges came after an investigation into allegations of abuse by the Albert Lea Police Department, the Freeborn County Sheriff’s Office and the Minnesota Department of Health.
The details of the allegations surfaced last August after the release of the Department of Health’s report. It concluded four teenagers were involved in verbal, sexual and emotional abuse of 15 residents at the nursing home in Albert Lea. The residents suffered from mental degradation conditions such as Alzheimer’s disease and dementia.
Ashton and Broitzman were formally charged as adults for the alleged abuse, and four others, who were juveniles at the time of the alleged incidents, were charged for mandated failure to report suspected abuse.
All of the teenagers are now adults.
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Comments
Posted by jen_moen22 (anonymous) on March 28, 2009 at 10:28 p.m. (Suggest removal)
I hope they get what they deserve! Which is alot worse then what they did to those innocent people at Good Sam!
Posted by standingby (anonymous) on March 29, 2009 at 8:57 a.m.
(This comment was removed by the site staff.)
Posted by snowbird (anonymous) on March 29, 2009 at 9:49 a.m. (Suggest removal)
Are they condsidered sex offenders. I asked this before and it was deleted from the column. If they are they should be treated as such. Just a guestion I am not saying they are or aren't but would like to know what others think.
Posted by wingo (anonymous) on March 29, 2009 at 9:52 a.m. (Suggest removal)
I consider them sex offenders, of course, you must remember, innocent until proven quilty. But then they did confess didn't they!!!!!! The lawyers seem to don't think that counts, justice for the victims, God bless the victims and their families.
Posted by jam (anonymous) on March 29, 2009 at 3:17 p.m. (Suggest removal)
"you must remember, innocent until proven quilty. But then they did confess didn't they!!!!!! The lawyers seem to don't think that counts"
- Hopefully the law enforcement personnel that took those confessions properly adminstered the reading of their rights to the accused. If they flubbed it, this whole thing turns even uglier than it already is.
Posted by nisperos (anonymous) on March 29, 2009 at 9:01 p.m. (Suggest removal)
I wonder if they will move for a change of venue? I think the details would be massively offensive anywhere...
The longer it drags on... the more time for the seeking of expertise on both sides...
Did others see this story?
Nurses Fired Over Cell Phone Photos Of Patient. Case Referred To FBI For Possible HIPAA Violations. WISN ABC news 12, 2/25/09 (updated 2/26/09), Lake Geneva, Wisconsin: http://www.wisn.com/cnn-news/18796315/de...
Why isn't the Albert Lea case being referred to the FBI for HIPPA violations of patient rights?
Posted by nisperos (anonymous) on March 29, 2009 at 9:05 p.m. (Suggest removal)
Sorry...
That's "HIPAA" rather than "HIPPA" in my last sentence.
It stands for Health Insurance Portability and Accountability Act: http://www.hhs.gov/ocr/privacy/index.htm...
Posted by time2share (anonymous) on March 30, 2009 at 12:14 a.m. (Suggest removal)
These perpetrators are looking for loopholes that will exonerate them so the victims families better be ready, willing and able to explore every avenue to find justice for their loved ones.
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