NMT01-T020
Volume I · Page 20
PRESIDING JUDGE BEALS: You may make a brief statement and submit argument in support of your objection within 5 days.
DR. PELCKMANN: Very well. May I now say something?
PRESIDING JUDGE BEALS: You may proceed for 3 minutes.
DR. PELCKMANN: Ordinance No. 7, in Article IV (a), prescribes the following according to the English text: "The indictment shall state the charges plainly, concisely and with sufficient particulars to inform defendant of the offenses charged." Schaefer is charged only on one count, count two (G). Experiments with seawater in Dachau are charged against 12 defendants. In two sentences the indictment goes on to say that the 12 persons who are then named are charged with special responsibility for these crimes and participation in them. I am of the opinion that this does not contain sufficient particulars. "Responsibility" and "participation" are legal concepts. There is no evidence of "sufficient particulars," which implies details.
The indictment, in my opinion, must give facts to indicate how and why each one of these 12 defendants who, ostensibly, participated in these experiments, is responsible and participated. My client cannot tell what the nature of his participation is supposed to have been.
The indictment says, in count one, number 2, that all defendants were principals in, accessories to, ordered, abetted, took a consenting part in, and were connected with plans and enterprises involving the commission of war crimes and crimes against humanity. Those also are only legal concepts.
PRESIDING JUDGE BEALS: You may file a written brief in support of your position.
DR. PELCKMANN: I should like to add, without the knowledge of the indictment, my client is not ready to answer the question as to whether he is guilty or not guilty.
PRESIDING JUDGE BEALS: You will serve a copy of your brief upon the prosecution and file it with the Secretary General.
DR. PELCKMANN: Very well, your Honor.
PRESIDING JUDGE BEALS: In connection with this matter, General Taylor, do you desire to make any remarks or suggestions?
BRIGADIER GENERAL TAYLOR: Your Honor, needless to say, we have no objection to the making of this motion or the filing of this brief. It is needless to say, also, that we think the indictment quite adequately specifies the, date, place, and type of experiment charged. The defendant's connection with it is better known to the defendant than to anyone else. There is no reason why he should not enter his plea at this time.
