. NMT04-T0367
Volume IV · Page 367
| VIII. ORDER OF THE TRIBUNAL
SEVERING THE CASE AGAINST THE DEFENDANT RASCH |
| MILITARY TRIBUNAL II |
| THE UNITED STATES OF AMERICA |
| — against — |
| OHLENDORF, et al. |
| CASE NO. 9 |
| ORDER |
| Subject: OTTO RASCH* On 5 September 1947, Dr. Hans Surholt, counsel for the defendant Otto Rasch, filed a motion requesting — 1. The severance of the trial of Rasch from that of the other defendants; 2. A stay of the proceedings against Rasch; 3. The release of Rasch. On 11 December 1947, a board composed of three physicians conducted a mental and physical examination of the defendant and reported — |
"It is the opinion of the board that if he appears in court he is not capable of full use of his mental and physical abilities in the understanding and answering of questions." |
| On 12 January 1948, the defendant, Otto
Rasch, through his counsel, indicated his willingness to appear in Court and
testify in his own behalf. He made several attempts to testify, but attending
physicians stated to the Court that the defendant was incapable of continuing
his efforts and recommended he be excused. Captain George T. Carpenter and Dr.
Herbert Graumann then took the witness stand and testified that in their
professional opinion the defendant was physically unable to continue and that
any further attempts in this direction could have serious consequences.
From the various medical reports and the physical appearance of the defendant himself as demonstrated in Court, it is apparent that the defendant is not able to stand trial at present. Paragraphs 1 and 2 in the counsel's motion of 5 September 1947 are approved. Paragraph 3 is refused. In consideration of the above it is ORDERED that the charges against the defendant, Otto Rasch, be, and the same are, hereby |
* Otto Rasch died on 1 November 1948.
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