CASE #1 A defendant was convicted in a criminal court of murder but the decision was appealed. The defendant, now the appellant, alleged that the trial court erred in admitting as evidence the autopsy report prepared by the medical examiner because the proper predicate for its admission as a business or official record was not laid.

He also alleged that the admission of the report denied him his constitutional right of confrontation. The only evidence in the record as to the cause of death of the deceased was the autopsy report prepared by the medical examiner.

Mary Pare, for 10 years, the executive secretary for the examiner, testified that her main duty was to transcribe the reports dictated by the examiner during autopsies and to present them to the doctor for his signature. She also said that these transcriptions were generally prepared on the same day the autopsy was performed and that the reports were filed in the regular course of business in the examiner's office.

Ms. Pare stated that she had the care, custody, and control of autopsy reports and identified the file number of the deceased's autopsy report. The report was dated and signed by the examiner.

The trial (lower) court admitted the autopsy report as evidence and allowed the prosecutor to read it to the jury.

Discussion Questions

1. Should the executive secretary be allowed to prepare and file the reports in the regular course of business? Is this duty similar to what ambulatory health care employees do? Explain your answer.

2. When the executive secretary appeared with the record in the lower court, what type of subpoena did she receive?

3. Who owns this medical record? Who has access to it?

4. Should the trial court have allowed the autopsy report as evidence without the medical examiner present? Justify your answer.

5. Was the appellant denied his constitutional right of confrontation?

6. If the appellant had wanted the medical examiner present, what procedures could he have followed?