Judge to determine guilt of former Marion elder group home operators

CEDAR RAPIDS - A couple accused of locking in or barricading elderly people in their rooms overnight and administering them harmful drugs in a Marion group home, which was shut down last year, waived their right to trial Thursday and agreed to have a judge issue a verdict based on the minutes of testimony.

Peggy Lou Berns, 67, and Donald Berns, 71, of Marion, waived their right to trial on three of the seven charges filed last year in Linn County District Court. The Bernses each pleaded not guilty to neglect of a dependent person, conspiracy to commit a forcible felony, both felonies, and possession of a controlled substance (lorazepam), a serious misdemeanor.

First Assistant Linn County Attorney Nick Maybanks said the four pending charges of administering harmful substances, dependent adult abuse, solicitation to commit a felony and prohibited acts, will be dismissed if Sixth Judicial District Judge Christopher Bruns finds them guilty on the other charges.

According to trial information, Peggy and Donald Berns, as operators of Park Setting Elder Group Home, 1470 Tama St., in Marion, locked or barricaded residents in their bedrooms, leaving them unattended for several hours, including overnight hours, between Jan. 1, 2013 and Aug. 7, 2014. They are also accused of administering lorazepam to patients in the home on Aug. 27, 2014.

Maybanks will file proposed findings of fact on Friday for the judge, which will include minutes of testimony from depositions and any other evidence in the case.

Mark Brown, Peggy Berns' attorney, and Bruce Kittle, Donald Bruns' attorney, said they had no evidence to submit on behalf of their clients.

Maybanks said if the couple is found guilty, he has agreed to ask the judge to run the neglect and conspiracy charges concurrently, for a total of 10 years in prison. There is no such agreement on the drug possession charge. The judge will have discretion on sentencing, The Bernses each face up to 21 years in prison.

Maybanks said he will also ask for victim restitution, but the amount hasn't yet been determined. 

The Iowa Department of Inspections and Appeals revoked the certificate of Park Setting in August 2014 based on a complaint with similar allegations in which they were criminally charged. According to a certificate revocation notice, the couple also failed to secure medication and hazardous chemicals, did not get physicians' orders for over-the-counter drugs and admitted tenants whose health needs they could not meet.

The group home, which opened in 2011, was only one of three in the state. The others are Postillion in Davenport and Seventh Heaven in Dubuque.

Elder group homes are single-family residences operated by a person providing room, board, personal care and some health-related services to three to five elders not related to the operator. The home must be staffed 24 hours a day, according to Iowa Code.

According to state records, Park Setting was fined $1,000 in 2012 after inspectors found the group home insufficient in standards that include evaluation of tenant service plans, staffing and records checks. No fines or certification violations were found in a third investigation in 2012 and 2013.

Bruns will likely file his written verdict in the next few weeks.