Hearings on alleged abuse moves to May

Published 9:41 pm Saturday, April 18, 2009

The contested omnibus hearings for the two young women charged as adults in the case of alleged abuse at Good Samaritan Society of Albert Lea will now be in May.

The first young woman, Ashton Larson, 19, will appear in court May 5. Co-defendant Brianna Broitzman, also 19, will appear May 29.

Broitzman and Larson each face charges of at least 10 counts of fifth-degree assault, criminal abuse of a vulnerable adult and mandated failure to report suspected abuse of multiple residents at the nursing home.

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The charges came in December 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.

At the contested omnibus hearings, Broitzman and Larson’s lawyers are expected to make arguments about the constitutionality of statements made by their clients to investigators.

According to court documents, Broitzman’s lawyer, Larry Maus, asked for an order suppressing the confession and oral statements of Broitzman “on the grounds that the statement was obtained in violation of defendant’s constitutional rights, or alternatively, that the confession was involuntary or the product of a threat or promise.”

He also asked for an order dismissing the criminal complaint against Broitzman for a lack of probable cause.

Larson’s lawyer, Evan Larson, also filed a motion March 19 to dismiss his client’s criminal complaint and to suppress any evidence taken as a result of her confessions or admissions “on the ground that any use of such evidence in any manner, would be in violation of the defendant’s constitutional and statutory rights,” according to court documents.

He also motioned to suppress evidence taken as a result of search and seizure “on the grounds that such was seized in violation of the defendant’s constitutional and statutory protections against unreasonable searches and seizures,” the court motion states.

The lawyer asked to be given the opportunity to inspect and reproduce any relevant written or recorded statements by his client, along with any “papers, documents, photographs and tangible objects which the prosecution intends to introduce as evidence at the trial.”

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 Larson 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 six are now adults.