The Demjanjuk Case
The Trial: 1986 - 1988

(Part 2 of 2)

10.

During this period, two enquiries were held in Germany on behalf of the prosecution:

(A) On June 9, and June 11, 1987 the testimony was heard in Berlin of Otto Horn -- German S.S. man at Treblinka -- who in a photographs identification session identified, even during the O.S.I. investigations (1979), the photographs of Demjanjuk as Ivan, operator of the gas chambers at Treblinka. This enquiry took place before an examining magistrate in the presence of the Israeli court which travelled to Berlin for the purpose. The hearing was conducted in a manner similar to the Israeli hearing, i.e. -- Horn was subjected to a main examination and to reexamination, and the Israeli court judges were also enabled to ask a number of questions.

(B) On May 18, 1987 an enquiry was conducted in Cologne, Germany, of Helmut Leonardt, an 'administration officer' at Trawniki. Here too, the enquiry was held before an examining magistrate; the parties were enabled to question the witness in examination in chief, cross examination and reexamination. This witness cast additional light on the question of the authenticity of the Trawninki certificate in recognizing also the type of document and the signatures and particulars set forth therein.

11.

On July 20, 1987, the case for the prosecution was concluded and the case for the defense began.

After the opening argument of the counsel for the defense, Demjanjuk was called to the witness stand as No. 1 witness for the defense. His interrogation lasted five days (between the end of July and the beginning of August) covering everything he had done during the pre-war period, during the war, after the war (when he spent several years in Europe) and during his life in the United States until his being extradited to Israel.

At the other sittings up to August 19, 1987 (7 sittings), the defense put on the witness stand two female expert witnesses from the United States who were to prove that the Trawniki certificate was a forgery.

Due to the illness of one of the panel judges, hearings in the trial were suspended until after September 19, 1987, and resumed only on October 26, 1987.

Between October 26, 1987 and January 11, 1988, (30 sessions) the defense called to the witness stand:

(A) Additional expert witnesses to prove its allegation regarding the forgery of the Trawniki certificate. These witnesses were primarily from the United States and Europe while two were from Israel.

(B) Expert witnesses -- historians -- to prove the plausibility of the Accused's alibi plea and to contradict the testimony of the prosecution's expert.

(C) An expert witness on issues of memory and identification parades: a Professor of psychology from the Netherlands.

(D) In January 1988 there took place in Germany an enquiry of the German S.S. officer, Rudolf Rais 'administration officer from Trawniki'. This enquiry, this time on behalf of the defense, took place in a format identical to that of the prosecution's enquiries. (The Court was not present at this enquiry). This enquiry too, related to the allegations of the certificate's being a forgery.

12.

The summings-up in the case were heard at two stages:

(A) First stage -- summings-up by the prosecution -- end of January beginning of February 1988 (8 sessions).

(B) In March 1988 the defense submitted additional written evidence.

(C) Second stage -- completion of the summings-up of the prosecution and the defense after the aforesaid additional evidence -- March 1988 (3 sessions).

13.

A. The protocols of the Demjanjuk trial (not including the verdict) hold 10,684 pages (in Hebrew) and some 15,000 pages (in English).

B. To date of the verdict, there were submitted on behalf of the prosecution -- 290 exhibits; and on behalf of the defense -- 177 exhibits. The exhibits hold some 5,000 additional pages (usually in both the original language and translation).

14.

On April 18, 1988 the verdict was given, occupying 144 pages. Demjanjuk was convicted on all counts imputed to him in the indictment.

The greater part of the judgment naturally relates to the question of the quality of the identification and its veracity, based on the entire body of evidence adduced. A not inconsiderable part of the judgment of course discusses all the other questions and aspects reviewed above, including the authenticity of the Trawniki certificate, Demjanjuk's service at the Sobibor death camp and the refutation of his alibi.

The verdict ends with the conclusion that there was no doubt left in the mind of the Court as to Demjanjuk's having been a Wachman in the service of the S.S., who was trained for the work of murder at Trawniki, operated the gas chambers at Treblinka and there earned the nickname of 'Ivan the Terrible', and also as having served later as a Wachman at the Sobibor death camp.

15.

On April 25, 1988, after the pleadings of both sides regarding the penalty were heard, Demjanjuk was sentenced to death.

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