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Volume III · Page 1128
| witness, the defendant Lautz testified that
"in several individual cases a decision had to be obtained from the minister."
We are justified in believing that Lautz' expectations were fulfilled and that
he participated in the prosecution of Golek and in similar cases. We have cited a few cases which are typical of the activities of the prosecution before the People's Court in innumerable cases. The captured documents which are in evidence establish that the defendant Lautz was criminally implicated in enforcing the law against Poles and Jews which we deem to be a part of the established governmental plan for the extermination of those races. He was an accessory to, and took a consenting part in, the crime of genocide. He is likewise guilty of a violation of the laws and customs of war in connection with prosecutions under the Nacht and Nebel decree, and he participated in the perversion of the laws relating to treason and high treason under which Poles guilty of petty offenses were executed. The proof of his guilt is not, however, dependent solely on captured documents or the testimony of prosecution witnesses. He is convicted on the basis of his own sworn statements. Defendant is entitled to respect for his honesty, but we cannot disregard his incriminating admissions merely because we respect him for making them. There is much to be said in mitigation of punishment. Lautz was not active in Party matters. He resisted all efforts of Party officials to influence his conduct but yielded to influence and guidance from Hitler through the Reich Ministry of Justice, believing that to be required under German law. He was a stern man and a relentless prosecutor, but it may be said in his favor that if German law were a defense, which it is not, many of his acts would be excusable. We find the defendant Lautz guilty as charged upon counts two and three of the indictment. |
| THE DEFENDANT METTGENBERG |
| By his own sworn statement the defendant
Wolfgang Mettgenberg frankly and fully admits his connection with the Hitler
Night and Fog decree. His statements show that he exercised wide discretion and
had extensive authority over the entire plan from the time the Night and Fog
prisoner was arrested in occupied territory and continuously after his transfer
to Germany, his trial, and execution or imprisonment. We will not reiterate the statements made by him in his sworn statement and hereinabove quoted. Suffice it to say that Mettgenberg held the position of Ministerialdirigent in Departments III |
