Broitzman asks for waiver of second jail term

Published 6:52 pm Thursday, April 7, 2011

One of the two young women convicted last year of abusing residents at Good Samaritan Society of Albert Lea filed a motion in Freeborn County District Court this week, requesting she not have to serve the second stint of her jail sentence.

Brianna Broitzman

In a motion filed Monday, Brianna Broitzman, 21, stated she has remained law abiding and of good behavior since her sentencing in October. She completed her first jail term and has also fulfilled the other requirements of her sentence, including Sentence to Service time and education about elder abuse, according to the document.

“My participation in all of the programs recommended and requested by the court and by probation, have had a positive and beneficial effect on me as a person,” Broitzman writes in her affidavit. “I have ‘turned a corner,’ so to speak. My attitude toward others and especially the elderly has been modified for the better.”

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The request was anticipated following Broitzman’s sentencing by Freeborn County District Court Judge Steve Schwab in October.

At that time, Schwab sentenced Broitzman to a staggered sentence of 180 days in jail after she was convicted of three counts of disorderly conduct by a caregiver, each involving a different resident at the Good Samaritan Society nursing home.

She was ordered to serve 60 days in jail immediately after sentencing, 60 days beginning May 22 and 60 days beginning Oct. 22. She could petition to waive the second two jail terms in writing 30 days prior to the start of each term, depending on if she followed guidelines and was deemed suitable for probation.

Co-defendant Ashton Larson, who also was convicted of three counts of disorderly conduct by a caregiver, was given a similar sentence.

Broitzman’s lawyer, Larry Maus of Austin, wrote in the motion that because of his client’s compliance, she is “entitled to the forgiveness and release” from serving the second tier of her sentence.

Broitzman’s affidavit states that since she was sentenced she has completed all 24 eight-hour sessions of Sentence to Service, starting when she was in jail. These sessions included working for the Salvation Army, participating in clothing drives, shoveling snow, cleaning houses in foreclosure and splitting wood for the Big Island Rendezvous.

Broitzman stated she has also been involved in other volunteer work and projects of self betterment while both in and outside of jail, including a Bible study and job skills training in the jail, a House of Healing program in the jail and volunteering for Youth For Christ three times. She has also gotten a full-time job at AmericInn in Albert Lea.

Broitzman stated she has had no direct or indirect contact with vulnerable adults without prior documented approval of her supervising agent and does not have any supervision or caretaking responsibilities of vulnerable adults. She said she is committed to cooperating with and meeting with the victims’ families at their request.

The affidavit states she is scheduled for a psychological assessment on April 13 by a licensed mental health therapist and has also already been through additional counseling sessions.

She said she has submitted a number of rough drafts of letters of apology to the her probation agent that will eventually go to the families of the three victims. She said she is about to be at a point where the letters will be ready to mail.

“I have done my best to express my remorse for the harm I have caused the families of the vulnerable adults who were affected by me behavior,” Broitzman said.

She has also attended a one-on-one education session with a representative of Elder Care Rights Alliance of Minnesota.

A hearing has been scheduled for 8:30 a.m. May 17 to address the motion.