Suspect in elder abuse case goes to court Monday
Lawyer questions constitutionality
By Sarah Stultz | Albert Lea Tribune
March 28, 2009
The second of the two young women charged as adults in the case of alleged abuse at Good Samaritan Society of Albert Lea is expected to appear in Freeborn County District Court Monday for a default hearing.
Larry Maus, attorney for Albert Lea High School graduate Brianna Broitzman, filed a motion with the court earlier this month questioning the constitutionality of Broitzman’s statements to investigators. He also filed an order with the court to dismiss the criminal complaint against his client for lack of probable cause.
The motions mirror ones made from co-defendant Ashton Larson’s attorney, Evan Larson, also questioning the constitutionality of his client’s statements.
Ashton appeared in Freeborn County District Court last Monday, when Judge Steve Schwab scheduled a contested omnibus hearing for April 21 to determine whether that concern is valid.
A contested omnibus hearing is also likely to be scheduled Monday in Broitzman’s case to determine these issues. Her case is scheduled for 1 p.m.
Broitzman and Ashton were charged in December with at least 10 counts each of fifth-degree assault, criminal abuse of a vulnerable adult and mandated failure to report suspected abuse of multiple residents at the nursing home.
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 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 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 of the teenagers are now adults.
SOURCE: The Albert Lea Tribune
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What about the human rights of the victims? Who is going to fight for the rights of victims of elder abuse?
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