Judge denies request to suppress Broitzman's statements in elder abuse case
Plea hearing scheduled for Friday
By Sarah Stultz
Albert Lea Tribune
August 24, 2009
Freeborn County District Court Judge Steve Schwab has denied the motions made by Brianna Broitzman’s lawyer that his client’s statements to authorities be thrown out in the case of alleged elder abuse at Good Samaritan Society of Albert Lea.
In a written order filed Aug. 12, Schwab states Broitzman’s statements were not the result of custodial interrogation and that they were voluntarily given.
He defined custodial interrogation as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”
Broitzman, 20, faces 11 charges, ranging from fifth-degree assault, criminal abuse of a vulnerable adult, disorderly conduct and mandatory failure to report suspected abuse at the nursing home during the first part of 2008. Local authorities interviewed her about the allegations on May 6, 2008.
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