Judge: Marion couple who operated elder home guilty of neglect, abuse of residents

A judge found former operators of a Marion elder care home guilty of charges involving locking or barricading residents with dementia and Alzheimer's symptoms in their rooms overnight and administering harmful drugs to them.

Peggy Lou Berns, 67, and Donald Berns, 71, both of Marion, were each found guilty of neglect of a dependent person, conspiracy to commit a forcible felony and possession of a controlled substance (lorazepam). The couple operated of Park Setting Elder Group Home, 1470 Tama St., in Marion, from 2011 to August 2014.

The couple waived their right to trial last week and agreed to have a judge issue a verdict based on the minutes of testimony. The other four pending charges will be dismissed by First Assistant Linn County Attorney Nick Maybanks at the time of sentencing.

According to a plea agreement, Maybanks will ask for the neglect and conspiracy sentences to run concurrently and each would face 10 years in prison. There's no agreement on the drug charge.

Sixth Judicial District Judge Christopher Bruns in his ruling said most of the residents were dependent and unable to care for themselves because of physical or mental disabilities, such as dementia and early onset Alzheimer's symptoms. There were 11 residents named in the ruling that were dependent individuals as defined under Iowa law. The Berns exposed the residents to hazards and dangers which they were not 'reasonably able to protect themselves.”

According to the ruling, the residents were locked and/or barricaded in their rooms and left unattended for several hours, including overnight hours. The residents were left exposed to many risks including fires, falls, or health conditions from 'lying in their own waste,” according to the ruling.

One of the residents was found 'almost daily soaked in urine” because he wasn't allowed to get up and use the restroom or helped to the restroom at night. Employees were then instructed to use extra adult diapers to remedy the situation.

According to the evidence there was no night staff at Park Setting other than the co-defendants. Employees were told to lock the residents in their rooms at 6 p.m. each night with baby monitors. The co-defendants would unlock the rooms in the mornings or had staff unlock doors about 8 a.m. Donald Berns told staff members he didn't want the residents coming out of their rooms until 8 a.m. so they would be 'trained.”

According to the ruling, there were several reported incidents where either Peggy or Donald Berns physically assaulted residents in their attempts to 'train” the residents.

Residents were initially locked in their rooms by placing chairs against the doors and then by using doorknobs that were intentionally reversed so the residents were be locked up overnight, according to the ruling.

Peggy Berns put in writing that she wouldn't lock residents in their rooms after the Iowa Department of Inspections and Appeals and the Iowa Fire Marshall's Office conducted an investigation into the claims and found the locks intentionally reversed June 30, 2014. However, the co-defendants continued to lock residents in their rooms. According to the ruling, state officials received another complaint July 22, 2014 that the couple were using boards to lock residents in their rooms. Donald Berns told one of the employees that he created the boards so he didn't have to lock the residents in their room.

The couple admitted to state officials they used the boards in an attempt to confine a resident in their room on two separate occasions, Bruns said in the ruling. Peggy Berns was also seen using a screwdriver to employ a deadbolt lock to confine one resident. She told the employee who saw her 'You didn't see this.”

There is also evidence that the co-defendants conspired together to administer drugs such as Xanax, Trazadone, Ambien and/or Lorazepam to keep the residents sedated during the night so the co-defendants could sleep through the night. Drugging the residents had a negative effect on their mental well-being and some suffered significantly altered mental status according to employees and family members. One resident was observed in a 'nearly zombie-like state.” Many of the drugs came from past residents who had left the home or were from current residents who had a prescription.

Sentencing hasn't been set at this time.