Hearing to determine access to exhibits in abuse case Monday

Published 9:00 pm Saturday, July 11, 2009

The motion hearing that will determine whether access to submitted exhibits is restricted in the alleged abuse case at Good Samaritan Society of Albert Lea is scheduled for Monday in Freeborn County District Court.

The restrictive order motion, presented by Freeborn County Assistant Attorney Erin O’Brien, was submitted at Brianna Broitzman’s contested omnibus hearing in June. Both Broitzman and co-defendant Ashton Larson face at least 10 charges each related to alleged abuse at the nursing home.

In the motion, O’Brien asked that there be no access to exhibits submitted at the omnibus hearing until the court decides. It also asked that no copies of any audio recording, video recording or transcript of statements received by the court as an exhibit be distributed.

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The hearing will be at 11:30 a.m.

The request was made for both Broitzman and Larson’s cases after the Tribune and at least one other media outlet requested copies of the DVD recording and transcript of interviews with the co-defendants.

At the same time the restrictive order was made, Freeborn County District Court Judge Steve Schwab verbally approved a protective order restricting access to the names of the alleged abuse victims at the nursing home in court files.

He also admonished media and other parties from releasing any victims’ names outside of the courtroom that come up in active court.

More could be done on Monday with this as well.

What people cannot expect from the motion hearing on Monday is the results of the contested omnibus hearing for Broitzman, where her lawyer is questioning the constitutionality of his client’s statements to authorities.

A Freeborn County Court Administration receptionist said Schwab has 60 days to review the case once he received the final memos from both the defense and prosecution. The memos had to be turned in by July 9.

Broitzman and Larson were charged in December for their alleged crimes, after a Minnesota Department of Health report into the matter was released last 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.