. NMT04-T0587
Volume IV · Page 587
| The Tribunal finds that the defendant's
leaving the SS in 1936 showed a clear intention to disassociate himself from
that organization and accepts the defendant's explanation that he would not
have rejoined the SS in July 1940 had he not been drafted by the Emergency
Service Regulations and deferred to the SD. The Tribunal therefore finds him
not guilty of membership in the SS under the conditions declared criminal by
the International Military Tribunal. With regard to membership in the SD, reference is made to the IMT decision which declares that the Security Police and SD was a voluntary organization and that membership therein was voluntary. The Tribunal therefore finds the defendant guilty of membership in the SD. It further finds as a mitigating circumstance, however, that his membership in the SD was not without compulsion and constraint. It therefore adjudges that the period of the defendant's imprisonment from the date of his arrest, following the termination of the war, to the present date, shall constitute the sentence of the Tribunal based upon such conviction. In view of the fact that the defendant has thus already served his term of imprisonment just imposed, it is now ordered that he be permanently discharged from custody under the indictment upon adjournment of the Tribunal this day. Nuernberg, Germany, 8 and 9 April 1948 |
| [Signed] MICHAEL A. MUSMANNO,
Presiding Judge JOHN J. SPEIGHT, Judge RICHARD D. DIXON, Judge |
| SENTENCES |
| PRESIDING JUDGE MUSMANNO: The Tribunal has
the following order to promulgate with regard to sentences where the term of an
imprisonment is indicated. The defendant involved will receive credit for the
time already served by him in confinement from the first date of arrest
following the termination of the war. "Defendant OTTO OHLENDORF, on the counts of the indictment on which you have been convicted the Tribunal sentences you to death by hanging. "Defendant HEINZ JOST, on the counts of the indictment on which you have been convicted the Tribunal sentences you to imprisonment for life. "Defendant ERICH NAUMANN, on the counts of the indictment |
