| . |
c. Selection from the Argumentation of the Defense
EXTRACT FROM THE FINAL PLEA FOR DEFENDANT MRUGOWSKY¹
* * * * * * * * * *
In respect to the poison experiments. I proved in my written statement that
Ding's assertion that Mrugowsky had ordered him to be present at a euthanasia
killing by phenol is not correct. Professor Killian, who according to Ding's
statement, was present when the order was given said that this statement of
Ding's was incorrect. It showed that the examination of the question of whether
the noxious effect of serums containing phenol can be proved by the comparative
use of serums with and without phenol, and also a series of experiments with
serums containing phenol was never carried out.
The experiments with pervitin were carried out on the initiative of Dr. Morgen
and Dr. Weimer, according to the Ding diary. I proved that no harm was caused
to the health of the experimental subjects by three experiments. The
experiments were performed with pervitin which can be obtained in any chemist's
shop without a prescription and consequently is not a poison. In the
experiments it was used together with a narcotic because the authority wanted
to determine whether, as a result of this treatment, the effect was increased
one way or the other. The only effect was that the experimental subjects fell
into a disturbed sleep for up to 20 hours. This pervitin experiment was not
ordered by Mrugowsky; he did not participate therein in any way, and the
prosecution did not even contend that he knew of it. No responsibility under
criminal law may be deduced against him from this experiment.
With regard to the special experiment on 6 persons mentioned in Ding's diary,
it is again solely the witness Kogon who gave details. In my closing brief I
pointed out that, in this case too, Kogon gave contradictory testimony in the
Pohl trial² and the doctors' trial about the origin of this experiment.
Thus his evidence has no probative value. Moreover, Kogon's description of this
experiment, except for the sealing and the burning of the prescription, is only
based on Ding's statements. In respect to this special experiment, there is no
evidence whatsoever to show the type of poison used, the manner in which the
special experiment was performed, and the aim of the experiment. After the
collapse, Ding told the defendant Sievers that towards the end of 1944 in
Buchenwald he had filled 80 phials with prussic acid in order to commit
suicide, but he unfortunately took none of them with him.
_______________
¹Final plea is recorded in mimeographed transcript, 17
July 1947, pp. 11049-11074
² United States vs. Oswald Pohl, et al. See Vol. V.
633
|