Suppress statements in elder abuse case?
Published 4:48 pm Saturday, March 21, 2009
The attorneys for both of the young women charged as adults in the case of alleged abuse at Good Samaritan Society of Albert Lea have filed motions in Freeborn County District Court to suppress statements obtained from their clients to law enforcement officials.
Freeborn County Attorney Craig Nelson said he received a notice of motion in the mail on Tuesday from Larry Maus, Brianna Broitzman’s attorney, requesting a contested omnibus hearing for his client.
Nelson said the court will consider issues such as suppression of statements obtained from Broitzman “on the grounds that the statement was obtained in violation of her constitutional rights,” along with an order of the court dismissing the criminal complaint against her for lack of probable cause.
As of Friday afternoon, Broitzman’s court appearance that was scheduled for Monday was continued to March 30.
Co-defendant Ashton Larson — whose court appearance was scheduled for Monday — is still to be held, according to court officials Friday afternoon. That could be continued at the last minute to a new date as well, however, depending on the wishes of Larson’s attorney, Evan Larson.
Larson has also requested a contested omnibus hearing. Among other things, he too seeks suppression of the statements obtained from Larson, Nelson said.
In December, Broitzman and Larson were charged as adults with 10 or more charges each, ranging from fifth-degree assault, criminal abuse of a vulnerable adult and mandated failure to report suspected abuse of residents at Good Samaritan Society of Albert Lea. Four others were charged as juveniles for mandatory failure to report suspected abuse. All of the teenagers are now adults.
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 after the release of the Department of Health’s report in August that 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.
Broitzman and Larson were arraigned on the charges in January; however, neither of the two young women have yet entered pleas.
Nelson said Maus has requested that Nelson produce Albert Lea Police Detective Deb Flatness, Freeborn County Sheriff’s Office Detective Bob Kindler and Minnesota Department of Health Investigator Jolene Bertelsen for cross-examination.
Because neither Larson or Maus have waived the hearings scheduled for Monday and March 30, Nelson said he expects them to appear those dates, though they have filed written motions.
He said it is reasonable at that time to anticipate discussing how quickly Larson and Maus want the contested hearings scheduled, how long the hearings would take and whether there are any practical discovery and disclosure issues that need to be addressed at the contested hearings.
Pleas will not be received by the court, Nelson said, until the court has ruled on the omnibus issues.
After the court has ruled on the admissibility of statements and other pre-trial issues, the case is scheduled for trial.