. NMT02-T0879
Volume II · Page 879
| VIII. PETITIONS |
| A. Extract from Petition
for Clemency to Military Governor of United States Zone of Occupation |
| Nuernberg, 2 May 1947 |
| To the Military Governor |
| PETITION of Attorney-at-law Dr. Friedrich Bergold, Nuernberg, Prinzregenten-Ufer 7/III, Defense Counsel, Military Court II |
| Nuernberg |
| in Case II against the
defendant Erhard Milch, General Field Marshal, at present in the Court Prison, Nuernberg, to modify the sentence of the Military Court II |
| Nuernberg |
| on 16/17 April 1947. |
| * * * * * * * * * * |
| A |
| The sentence passed on counts I and III
contains actual inaccuracies, which are inconsistent with the recorded
evidence. Obviously, these errors have had an influence on the sentence as far
as the award of punishment is concerned. A correction of these errors would
necessarily lead to a less severe sentence. 1. The statements on page 3 of the judgment that Milch since 19 November 1941 was the second highest commander of the Luftwaffe is not in agreement with the evidence. The witnesses have testified that from 1938-1941 Milch held only one of the four highest commanding posts under Goering, and since 1941 two of the four highest Luftwaffe commanding posts. Only in regard to seniority he was the oldest officer of these four highest commands. This is important because evidence has been given for the fact that the general staff of the Luftwaffe had the responsibility for the armament program of the Luftwaffe. 2. It is not consistent with recorded evidence that the Central Planning Board had been created by a decree of the Fuehrer of 29 October 1943. It has been proved by the statement of Speer that the decree of 29 October 1943 was a decree issued by Speer a long |
