Roberta Sauer - Medical Record Librarian

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Roberta Sauer - Medical Record Librarian

Postby admin » October 31st, 2010, 5:59 pm


ROBERTA SAUER , a witness called on behalf of the defendant Gertrude Baniszewski,
being duly sworn by the court, testified as follows:


Q. State your name, please.

A. Roberta Sauer, 430 North 19th Street, Beech Grove.

Q. What is your business or occupation?

A. Medical Record Librarian, St, Francis Hospital.

Q. What are your duties as medical record librarian?

A. I am custodian of the records.

Q. Were you served with a subpoena by me for the production of certain records?

A. Yes, sir.

Q. And do you have that record with you?

A. I do.

Q. Where did you obtain that record?

A. In our library at St. Francis.

Q. Is this the original record, made and kept in this case?

A. Yes, sir.

Q. Who has custody of the record when it is in the hospital?

A. I am in charge of the records.

Q. Does that record contain the full name of Gertrude Baniszewski and address on there and the dates of the record as to the time of her - whatever it pertained to?

MR. NEW: We object.

A. Yes, it does.

THE COURT: Objection sustained. The answer will go out. The jury will ignore the answer in arriving at a verdict in this case.

Q. How are the records handled from the time they are begun there at the hospital to the time they are filed, up to and including the present time?

A. For each admission of a patient, the second admission is brought forward to the first one and up to the latest admission.

Q. Who has access to the record?

A. Through a court subpoena or the doctor.

Q. Nurses?

A. Not to leave the floor, not after the floor - the nurse has no right to them.

Q. Then just the doctors and yourself?

A. Yes.

Q. That is a true, accurate copy then?

A. Yes, sir.

Q. Do you have the record of Gertrude Baniszewski there?

A. Yes, sir. I have prepared a photostatic copy.

Q. Now, Miss Witness, I hand you Defendant's Exhibit No. "D" and ask you if that is a photostatic copy of the record of Gertrude Baniszewski, as testified by you, is it?

A. Yes, it is.

Q. Who made that?

A. I made it.

Q. On your own initiative?

A. Yes, sir.

Q. Is it a full, true and correct copy?

A. Yes, it has all been checked.

Q. By whom?

A. By me.

Q. For the purpose of clarity, will you check page 4 of your original. Does that show the personal history of and/or examination of Gertrude Baniszewski?

A. That is right.

MR. NEW: We object.

THE COURT: Objection sustained. The answer will go out. The Jury will ignore the answer in arriving at a verdict in this case.

MR. ERBECKER: The defendant now offers in evidence Defendant's Exhibit "D".

MR. NEW: At this time the State would like to ask a preliminary question for the purpose of making an objection.

THE COURT: Alright.


Q. Mrs. Sauer, do you know whether you have before you the hospital record of the same Gertrude Baniszewski as appears in the courtroom and is the defendant in this matter?

A. Never having seen her before -

Q. What is your answer? Do you know her to be one and the same person?

A. I can't say they would be.

Q. Have you ever seen the lady before, sitting behind Mr. Erbecker?

A. Not before Tuesday morning.

Q. Now, one other question. Will you take a look at the official record you have before you and tell me what is the most recent entry you have regarding this particular person?

MR. ERBECKER: We object.

THE COURT: Overruled.

Q. The most recent entry you have marked?

A. The most recent is from July 25, 1962, an out patient admission.

Q. What is the earliest?

A. March 15, 1946. I am sorry, that is 1948.

Q. Thank you.

MR. NEW: The State will object to Defendant's Exhibit "D".

THE COURT: Ladies and Gentlemen of the Jury and Alternate Jurors, retire to the jury room two or three minutes. During the recess, don't talk among yourselves or to anybody on any subject connected with this case. Don't form or express any opinion thereon till this case is finally submitted to you.


THE COURT: Do you want to be heard on that, Mr. Erbecker?

MR. ERBECKER: I will bow to the court's ruling.

THE COURT: Has St. Francis Hospital been paid for the Photostatting?

A. No, sir.

THE COURT: You did not get money at all?

A. No, sir.

THE COURT: That is a lot of Photostatting.

A. Yes.

THE COURT: How many pages? Do you know offhand?

A. I don't know offhand.

THE COURT: Give me a rough guess, please. About fifty pages?

A. I would say fifty at least.

THE COURT: Who owns St. Francis?

A. The Sisters of St. Francis.

THE COURT: Did it cost you money to do that?

A. Yes, sir.

THE COURT: How much?

A. We charge 50 cents a sheet when we do Photostatting. I think it runs around 12 cents a sheet just for paper and equipment, not counting the time.

THE COURT: Objection of the State sustained. Call in the jury.



Q. Does anyone other than the hospital personnel have access to that record there?

A. No, sir, unless on authorization of the patient.

Q. What, if anything, would prevent some report from another patient getting into that file, being lost altogether, and render that file inaccurate?

MR. NEW: We object.

THE COURT: Sustained. It is immaterial.

Q. Is it in the regular course of business at the hospital to make entries of the kind that appears in that record in front of you?

A. I did not understand your question, sir.

Q. Is that record made in the regular course of business for every patient admitted there?

A. Yes, sir.

Q. Every patient, and those records are kept permanently out there?

A. Yes, sir.

Q. By you?

A. Yes, sir.

Q. And each entry made in that book is made by members of the hospital staff or private doctors attending the patient and appears in that record?

A. Yes, sir.

MR. ERBECKER: We renew the offer into evidence of Exhibit "D".

MR. NEW: We object.

THE COURT: Objection sustained.

MR. ERBECKER: No further questions.


MR. NEW: No.

THE COURT: Any examination by any of the co-defendants?





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