Health official to testify on alleged abuse

Published 11:00 am Wednesday, June 24, 2009

The hearing to determine the constitutionality of statements made by Brianna Broitzman to authorities in the case of alleged abuse at Good Samaritan Society of Albert Lea will continue Thursday in Freeborn County District.

During the hearing, Minnesota Department of Health investigator Jolene Bertelsen is expected to be called to the witness stand as the third witness for the prosecution. Bertelsen is the woman who’s name appears at the start of the Department of Health investigation report for the case.

Broitzman’s lawyer, Larry Maus, said at the previous May hearing that he is also considering putting Broitzman on the stand as a witness for the defense.

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Already testifying in May were Albert Lea Police Department detective Deb Flatness and Freeborn County Sheriff’s Office investigator Bob Kindler.

During those testimonies, Maus questioned whether Broitzman was issued a Miranda warning or told about her rights and whether some of the investigators’ statements were “threats, promises or coercion.”

Broitzman faces 11 charges ranging from fifth-degree assault to criminal abuse by a caregiver and mandatory failure to report suspected abuse.

Co-defendant Ashton Larson faces similar charges. Larson’s lawyer is also questioning the constitutionality of his client’s statements to investigators; however, her hearing to discuss this won’t be until August.

Though initial charges in the case came in December after an investigation into allegations of abuse by the Police Department, the Sheriff’s Office and the state Department of Health, 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.

The teenagers were nursing assistants at the facility. They are no longer employed there.