Broitzman, Larson appear in court

Published 9:17 am Thursday, January 22, 2009

The two young women charged in the case of alleged abuse at Good Samaritan Society of Albert Lea did not enter pleas Wednesday in Freeborn County District Court. Their initial court appearances resulted in Freeborn County District Court Judge Steve Schwab setting bail and conditions of release.

They will return to court in March for an omnibus hearing, likely then entering pleas.

Albert Lea High School graduates Brianna Broitzman and Ashton Larson, both 19, had until 5 p.m. Wednesday to be booked into the jail, have their photographs and fingerprints taken and to post bail. Bail was set at $6,000 without conditions and $2,000 with conditions for both teenagers. Both teenagers posted bail for $2,000 and agreed to follow conditions, according to Freeborn County court administration.

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For the arraignment, Broitzman, who was dressed in a gray sweater and dark dress pants, appeared with her attorney, Larry Maus. Larson, who was dressed in a black blouse and jeans, appeared with her attorney, Evan Larson.

The courtroom was packed, mainly with the families of the alleged victims involved in the case.

It was the first time for many to see the two alleged abusers since the charges were filed in December. The charges ranged from mandated failure to report suspected abuse to criminal abuse of a vulnerable adult and assault in the fifth degree.

The county attorney filed the charges 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 after the release of the Department of Health’s report in August. 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.

Court papers filed with the charges state that the two teenagers allegedly spit water on residents, poked residents in the breasts, antagonized residents and tried to arouse residents by inappropriately touching them in the genitals, among other actions.

The two arraignments Wednesday were separate, with Broitzman appearing first and Ashton Larson appearing second.

Broitzman walked into the Freeborn County Courthouse from a parking lot across the street on Broadway Avenue hand in hand with a man similar in age. Her head was down for the majority of the walk, but as she approached the courthouse she lifted her head more. At some points she looked like she had a smirk on her face, and at other times her lips were pressed together. She did not look nervous or apprehensive to enter the building.

Members of the news media did not see Ashton Larson enter the building anytime after 10 a.m.; however, when she left the building she covered her face with her coat and some papers. She could be heard crying.

The arraignments were similar with Schwab presenting the charges for each of the teenagers and explaining their rights to them.

Both attorneys waived the reading of the criminal complaints against their clients.

When asked by Schwab whether Broitzman was entering a not guilty plea, Maus said he wanted to “reserve the not guilty for the omnibus hearing.”

“She’s going to challenge this complaint, that’s why she’s hired someone as myself,” Maus said.

Freeborn County Attorney Craig Nelson recommended Schwab approve bail at $6,000 without conditions and $2,000 with conditions. These are the statutory maximum amounts for the charges filed.

Conditions include obeying the law, notifying the court of a change of address, not leaving the state unless pre-approved by the court, having no contact with alleged victims or their families, having no contact with co-defendants, whether charged as juvenile or adult, and having no contact with any witnesses, either via phone, e-mail or mail.

Nelson said the conditions are to assure the appearance of people in court and not as a pre-trial punishment.

Maus suggested there not be a monetary bail but just conditions.

He said Broitzman is “not a flight risk,” and she is not a person of means.

“She’ll have to lean on family and relatives,” Maus said.

Schwab pointed out the number of charges in the case and said he would choose to follow Nelson’s recommendations.

Maus made a further motion that his client be released until 5 p.m. to post the bail.

Schwab granted that request for both teenagers.

A default omnibus hearing was set for both teenagers for 1 p.m. March 23.

Following the appearances, Nelson said he was at first surprised about the national attention this case has gotten.

There’s also a good deal of surprise from the public about the nature of the charges — many have expressed their opinions that there could have been felony charges — but what was filed is in correspondence with Minnesota law.

“I simply as a lawyer and a prosecutor have to follow the law,” Nelson said.

He added, “I think (the charges are) very serious and they have every reason to be dealt with seriously.”

Because of the nature of the case, in that the victims are not able to testify and there were no particular physical injuries obtained, “it is going to be a challenging case to prosecute,” he said. There are limited photographs, and what he has in evidence is mainly from interviews.

Broitzman and Larson worked as certified nursing assistants at Good Sam when the incidents reportedly happened between January and May of last year. The two face adult charges because they were 18 at the time of the allegations. Four other teenagers who were CNAs are facing juvenile charges.