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Under date 15 July 1944, Poppendick wrote to Dr. Ding at the
concentration camp Buchenwald as follows:
"By request of the Reichsfuehrer SS the
Danish doctor SS Sturmbannfuehrer Dr. Varnet has been given opportunity to
continue his hormone research with the SS, particularly the development of his
artificial gland. The Reichsfuehrer SS anticipates certain results from the
treatment of homosexuals with Varnet's artificial gland. The technical
preparations have come to such a point that experiments on human beings can be
started within a reasonable space of time.
"As SS Standarterfuehrer Dr.
Lolling informed me, the concentration camp Weimar-Buchenwald has been directed
to make available 5 prisoners for SS Sturmbannfuehrer Varnet's experiments.
These prisoners will be made available to SS Sturmbannfuehrer Varnet by the
camp physician at any time.
"SS Sturmbannfuehrer Varnet intends to go
to Buchenwald shortly in order to make certain necessary preliminary tests on
these prisoners. In case there will be special laboratory tests, you are
requested to assist Varnet within the scope of your possibilities.
"Particulars on Varnet's research were sent today to the camp physician
of Weimar-Buchenwald for his information."
There is evidence that during the summer of 1944 Dr. Varnet conducted the
experiments referred to in Poppendick's letter. However, the nationality of the
prisoners used for the experiments is not shown, nor has it been proved beyond
a reasonable doubt that the experiments were harmful or caused death, or injury
to the experimental subjects.
We have given careful consideration to
the evidence concerning the charges made by the prosecution against the
defendant Poppendick. Certainly the evidence raises a strong suspicion that he
was involved in the experiments. He at least had notice of them and of their
consequences. He knew also that they were being carried on by the SS, of which
he was and remained a member.
But this Tribunal, however, cannot
convict upon mere suspicion evidence beyond a reasonable doubt is necessary.
The evidence is insufficient to sustain guilt under counts two and three of the
indictment.
MEMBERSHIP IN A CRIMINAL ORGANIZATION
The defendant
Poppendick is charged with membership in an organization declared criminal by
the judgment of the International Military Tribunal, namely, the SS. Poppendick
joined the
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