. NMT04-T0025
Volume IV · Page 25
| [pres...] ent condition of the defendant
gives the defense reason to point out that he cannot attend the proceedings.
PRESIDING JUDGE MUSMANNO: Are you Satisfied that he is not in physical condition to attend the balance of the proceedings this morning which may not endure longer than an hour? DR. SURHOLT: The defendant has just told me that owing to his condition he is not in a position even to understand the words of the prosecutor. He cannot hear. PRESIDING JUDGE MUSMANNO: Then do you make the representation that he is not in physical condition to be arraigned this morning? DR. SURHOLT: I don't think so, but I am prepared to represent him and the defendant has consented to that. PRESIDING JUDGE MUSMANNO: Then you ask that he be excused from the courtroom for the rest of the proceedings this morning? DR. SURHOLT: Yes. I ask that. PRESIDING JUDGE MUSMANNO: Very well. The defendant Otto Rasch, because of his physical condition, will be excused from attendance this morning and he will be arraigned at a later date individually. Will attendants escort the defendant Otto Rasch from the courtroom? (The defendant Otto Rasch was escorted from the courtroom.) You may continue, Mr. Ferencz. [Mr. Ferencz continued reading the indictment.] PRESIDING JUDGE MUSMANNO: The defendants have now heard the reading of the indictment, but notwithstanding each one will be asked whether he is familiar with the indictment because of having read it himself. As each name is called, the defendant will stand and speak clearly into the microphone. There will be no speeches, discussions, or arguments of any kind at this time. The defendant will answer the very simple questions put to him, and then plead "guilty" or "not guilty" to the charges lodged against him in the indictment. Otto Ohlendorf, are you represented by counsel before this Tribunal? DEFENDANT OHLENDORF: Yes. PRESIDING .JUDGE MUSMANNO: Was the indictment in the German language served upon you at least 30 days ago? DEFENDANT OHLENDORF: Yes. PRESIDING JUDGE MUSMANNO: Have you read the indictment? DEFENDANT OHLENDORF: Yes. PRESIDING JUDGE MUSMANNO: How do you plead to this indictment, guilty or not guilty? DEFENDANT OHLENDORF: Not guilty, in the sense of the indictment. |
