Jack Russell Churchill - Sergeant, Sheriff's Department

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Jack Russell Churchill - Sergeant, Sheriff's Department

Postby admin » October 31st, 2010, 6:03 pm

JURY PRESENT AND SEATED.

WITNESS SWORN BY THE COURT.

THE COURT: This witness is taken out of order at the request of defendant Gertrude Baniszewski.

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

DIRECT EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. State your name.

A. Jack Russell Churchill.

Q. What is your business or occupation?

A. Sergeant, Marion County Sheriff's Department.

Q. How long, Mr. Deputy Churchill?

A. Approximately eighteen months.

Q. What are your duties at the jail?

A. At the present time?

Q. No, on or about October 26, 1965, up to and including the present time.

A. I was the medical assistant to Dr. Shuck and on the 16th of April I was promoted Sergeant and made commander of the third shift at the jail.

Q. Now then, as medical assistant to Dr. Shuck, what did you do?

A. I was to assist the doctor and to dispense medicines he prescribed.

Q. Who is Dr. Shuck?

A. Dr. Shuck is employed by the Marlon County General Hospital. He is interning in surgery. He is also employed by the Marion County Sheriff's Department as a visiting physician.

Q. In other words, he treats any prisoner, is that right?

A. Yes.

Q. Do you have any records you kept by virtue of your position as medical assistant, concerning Gertrude Baniszewski?

A. Yes, sir, I do have.

Q. You have them with you?

A. I have extracts of them.

Q. Look at them to refresh your recollection a minute.

A. Yes, sir.

Q. Have you refreshed your recollection with regard to the records?

A. Yes.

Q. Do you recall rather ever having had medical assistance for Gertrude Baniszewski?

A. Yes, sir.

Q. When was the first time?

A. We received Mrs. Baniszewski -

Q. Received her where?

A. Marion County Jail on the 27th of October, 1965 and the afternoon of the 27th of October 1965 she seen Dr. Shuck at that time and he prescribed A & E ointment for sores on the face. She was to apply it three times a day and ammosek.

Q. What is that?

A. That is prescribed generally for bronchitis and asthamatic patients, three times a day and a liquid called SSKI ten drops in water three times a day, as asthmatic and bronchitis people have trouble breathing.

Q. What did you call that last?

A. SSKI.

Q. Is it a liquid?

A. Yes, sir.

Q. How often was that to be taken?

A. Three times a day, sir.

Q. When did you next see her, Deputy?

A. 11/3/65.

Q. What was the occasion for that?

A. Dr. Shuck asked that we take a chest x-ray and continue the previous medicines.

Q. Did you take the chest x-ray?

A. Yes, sir.

Q. Did you continue the previous medicines?

A. Yes, sir.

Q. Did you have to give her a refill?

A. Oh, yes, sir.

Q. When did you next see her?

A. 11/8/65 at 6:15 P.M. I was called by the matron. Mrs. Baniszewski's physician was there at the time.

Q. Physician?

A. Not physician, but counselor, attorney.

Q. Who was that?

A. I have forgotten the name.

Q. It was not me?

A. No.

Q. At that time what did you do?

A. I called the family doctor, Lockenwood or something like that.

Q. Lindenborg?

A. Yes, sir.

Q. You called him?

A. Yes, sir, and talked to him about the medicines Dr. Shuck had prescribed and he indicated over the telephone that these medicines I had mentioned prior was sufficient.

Q. Were sufficient?

A. Yes, sir.

Q. Alright, on 11/8/65 did you refill it again?

A. No, it was not necessary.

Q. When did you next see her?

A. 11/11/65, appointment to go to the clinic for examination of the female parts.

Q. I see, at that time did you refill any of the prescriptions?

A. He continued SSKI and ammosek.

Q. Who is he - Dr. Shuck?

A. Dr. Shuck, and he prescribed an antibiotic, iosyn, a treatment for colds, 250 milligrams four times a day for seven days and chlortrimeton four times a day for seven days.

Q. For what?

A. Seven days.

Q. What was the treatment for?

A. I think Mrs. Baniszewski had a slight cold at the time.

Q. When is the next time?

A. 11/24. Continued ammosek and SSKI.

Q. Alright when was the next time?

A. 12/10/65.

Q. What was that, Sergeant?

A. Dr. Shuck continued thorazine, 25 milligrams four times a day, which Mrs. Baniszewski had been prescribed at the hospital.

Q. Thorazine?

A. Yes.

Q. What is that for, sir.

A. This is 25 milligrams of thorazine and is a mild tranquilizer.

Q. How often?

A. Four times a day.

Q. When was the next time?

A. Continued SSKI and ammosek on 12/17/65. Thorazine was discontinued and she was given 10 milligrams of Librium.

Q. What is that for?

A. This is a tranquilizer.

Q. Librium is a tranquilizer?

A. Yes, sir.

Q. How many times a day?

A. Four times a day.

Q. Anything else at that time?

A. No, sir.

Q. When was the next time?

A. 12/29/65.

Q. What was the occasion for that?

A. This time the visiting physician, Dr. Shuck, continued librium.

Q. Anything else he done at that time?

A. No, sir.

Q. When was the next time, Sergeant?

A. 12/21/65.

Q. I thought you said the 29th the last time?

A. I have the date mixed up. He discontinued librium and started on equinil, another tranquilizer.

Q. Is it stronger or weaker?

A. They are all about the same, counselor, I am not actually qualified - I am not a pharmacist.

Q. When was it taken and how much?

A. 100 milligrams four times a day.

Q. The next time?

A. On 2/2/66.

Q. Nothing in January?

A. In January Mrs. Baniszewski, on a court order, was ordered to General Hospital for psychiatric evaluation on 1/13/66. She was returned to jail 1/27/66.

Q. A psychiatric examination?

A. Yes, sir.

Q. When was the next time, Sergeant?

A. 2/2/66, Dr. Shuck discontinued equinil.

Q. Discontinued?

A. Discontinued it and started her on 30 milligrams of phenobarbital.

Q. 30 milligrams, how many times?

A. Four times a day.

Q. How much would that be? Would that be in pills?

A. Yes, 30 milligrams, about a half a grain.

Q. 30 milligrams is about a half grain?

A. Yes, sir.

Q. Four times a day?

A. Yes, sir.

Q. When was the next time, Sergeant?

A. 2/8/66 Mrs. Baniszewski was sent to ENT Clinic at General Hospital.

Q. Ear, nose and throat clinic?

A. Yes, sir.

Q. Alright, sir?

A. 2/9/66, Mrs. Baniszewski was sent to Medicine Clinic, General Hospital.

Q. Medicine Clinic?

A. Yes, sir.

Q. Alright, sir, what is next, sir?

A. 2/23/66, Dr. Shuck continued phenobarbital.

Q. Continued it?

A. Yes, sir, and ammosek and SSKI. Ammosek was PRN.

Q. What does that mean?

A. Only when necessary.

Q. What happened to the ammosek 2/26?

A. Discontinued.

Q. What about the other?

A. SSKI was discontinued.

Q. When was the next time?

A. 2/27/66, General Hospital receiving ward.

Q. For what?

A. I don't know, sir.

Q. How long did she stay out there, if your records show?

A. A short while. They did not keep her very long.

Q. When was the next one?

A. 3/3/66, Mrs. Baniszewski was sent to Dental Clinic, General Hospital for extraction.

Q. Dental Clinic, General Hospital for extraction?

A. Yes, I think at that time they removed the upper teeth.

Q. When was the next time, Sergeant?

A. 3/8/66, an anti-acid, such as Maalox, was prescribed by Dr. Shuck and he continued the previous medicine.

Q. What, phenobarbital?

A. Yes, sir.

Q. He added what now?

A. Maalox, an anti-acid.

Q. Alright, when is the next time, Sergeant, if any?

A. 3/16/66, Mrs. Baniszewski was sent to General Hospital for another psychiatric evaluation.

Q. How long did she stay there?

A. She was returned to Marion County Jail 3/31/66.

Q. When is the next, Sergeant?

A. 4/15/66, again ammosek, only on emergencies, and continued phenobarbital, 30 milligrams, four times a day.

Q. Phenobarbital four times a day?

A. Yes, sir, and SSKI.

Q. SSKI?

A. Yes.

Q. The next time, if any, Sergeant?

A. 4/19/66, on court order, Mrs. Baniszewski was sent to see a Dr. Roger Smith, on a court order from this court.

Q. Alright, where did she go for that?

A. She went to his office.

Q. Just one day?

A. As far as I know. She did not stay over night.

Q. When was the next?

A. 4/21/66, on court order from this court she was taken to see a Dr. Hazel Stevens.

Q. Alright?

A. 4/25 -

Q. Only for one day?

A. Yes, sir.

Q. When was the next time?

A. 4/25/66, continued on 30 milligrams of phenobarbital four times a day.

Q. Was Dr. Shuck present?

A. Yes.

Q. Continued on 30 milligrams of phenobarbital four times a day?

A. Yes, sir, and ammosek when needed, PRN.

Q. The next time, if any, Sergeant?

A. The next and last time, Mrs. Baniszewski saw Dr. Shuck, I was not with the doctor, 5/3/66, continued the medication.

Q. Does that include phenobarbital?

A. Yes, sir. I think fifteen times she has seen the doctor, counselor.

Q. Fifteen times?

A. And seven times she was sent to General Hospital and two times seen by private physicians or psychiatrists or whatever they are.

MR. ERBECKER: Nothing further. Thank you, Sergeant.

THE COURT: Cross, state?

CROSS EXAMINATION,
QUESTIONS BY MR. LEROY NEW,
DEPUTY PROSECUTOR

Q. Sergeant, did you state that this lady's attorney was present with her December 8, 1965?

A. Yes, sir.

Q. Did you yourself personally accompany her to the Marion County Grand Jury on that date?

A. No, sir.

MR. NEW: That is all.

MR. ERBECKER: Nothing further.

THE COURT: Any other cross examination?

MR. RICE: We have no cross.

MR. BOWMAN: No cross.

CROSS EXAMINATION,
QUESTIONS BY MR. JAMES NEDEFF, ATTORNEY FOR DEFENDANT,
RICHARD HOBBS

Q. Sergeant, the last days of October, '65, was Richard Hobbs asking for 40 units of insulin for a diabetic condition?

A. Last when, sir? October 27 is when Mr. Hobbs was incarcerated in the Marion County Jail. It was late in the evening, either the 26th or 27th, I don't recall exactly when. I immediately contacted Dr. Shuck and arrangements was made at that time to transfer young Mr. Hobbs to the hospital as a patient out there.

Q. Do you recall him asking for it one time, that he was diabetic and his requirement was 40 units of insulin?

A. Yes, sir.

Q. You told him you would look into it?

A. Yes, sir.

Q. Did you call his family doctor?

A. I don't recall.

Q. And did it not happen he collapsed on the jail floor and was taken to the jail hospital?

A. No, sir.

Q. Did he go into a diabetic shock there?

A. No, sir.

Q. When do your records show he was taken to the detention ward at General Hospital?

A. The same day he was incarcerated.

Q. Do your reports show anything about him collapsing into a diabetic shock?

A. No, sir.

Q. Is he now at the jail?

A. No, sir.

Q. How long has it been since he was at the jail?

A. Since October 26 or 27.

Q. Where has he been confined since October?

A. He has been confined in the detention ward at Marion County General Hospital.

Q. Do your records indicate his requirements for his diabetic condition?

A. Sir, the records at the jail - my records - do not indicate anything pertaining to Mr. Hobbs. Mr. Hobbs was incarcerated at General Hospital the same day, the same evening that he was brought into the Marion County Jail.

Q. Why is he not an inmate at the Marion County Jail rather than locked up at General Hospital?

A. Certain extenuating circumstances that exist within the jail, sir.

Q. It is not set up for treating diabetics?

A. It is set up for treating diabetics. We can treat diabetics.

Q. What is the extenuating circumstance.

A. Remarks made by other prisoners pertaining to this particular case and Mr. Hobbs. It was felt it was best.

Q. Was he ever given insulin there at your jail?

A. No, sir.

MR. ERBECKER: I have an omitted question.

DIRECT EXAMINATION (OMITTED QUESTIONS),
BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. Sergeant, these fifteen times you testified Dr. Shuck saw Gertrude Baniszewski, do your records indicate in those fifteen times, how many times he prescribed something for asthma and bronchitis?

A. Most every time he seen Mrs. Baniszewski it was either prescribed or continued.

MR. ERBECKER: Thank you very much.

THE COURT: Any recross?

MR. NEW: No recross, Your Honor.

THE COURT: Any questions on behalf of the other defendants?

MR. RICE: No.

MR. BOWMAN: No.

THE COURT: You may leave.

WITNESS EXCUSED.
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