. NMT05-T0071
Volume V · Page 71
| 1, the Medical Case, before the previous Tribunal I. Thank you |
| C. Determination of the Tribunal * |
| PRESIDING JUDGE WYATT: On 2 February 1948, the prosecution through Mr. Shiller, made the following statement in open Court: |
"May it please the Tribunal: The Prosecution at this time would like to make a statement with reference to the defendant Hildebrandt. We wish to have it clearly set forth in the record that for the period from 1 September 1939 until April 1943, at which time the defendant Hildebrandt became chief of RuSHA, the only charge against the defendant Hildebrandt is the euthanasia charge contained in paragraph 22 of the indictment. We make no other charges against him for that period when he was Higher SS and Police Leader and representative of the RKFDV in Danzig-West Prussia." |
| This statement was made by the prosecution
after the defendant had been formally arraigned and after he had filed his plea
of "not guilty" to all of the charges contained in the indictment. It was,
likewise, after all of the evidence had been submitted both by the prosecution
and defense without any such limitation. The defendant Hildebrandt, therefore,
had clearly been placed in jeopardy insofar as all of the charges in the
indictment are concerned, before this motion was made. It is the opinion of this Tribunal that at this stage in the proceedings the prosecution did not have the right to thus limit the Tribunal in its consideration of the case. This Tribunal will therefore decide the case, insofar as Hildebrandt is concerned, taking into consideration all of the charges contained in the indictment and the evidence adduced upon those charges in the trial of the case, and the prosecution will therefore not be permitted thus to limit the scope of this investigation. Proceed with the next argument. |
| * * * * * * * * * * |
| MR. SHILLER: If the Tribunal will give me
one moment, I merely wish to point out that the prosecution's brief against the
defendant Hildebrandt naturally did not cover his activities as Higher SS and
Police Leader in any other connection than with euthanasia. I therefore
respectfully request that the Tribunal allow both the defense and prosecution
to submit their supplemental briefs covering such charges only.
PRESIDING JUDGE WYATT: The Tribunal, two to one, is of the opinion that this is not necessary and will not be permitted. Proceed with the next item. |
* Tr. p. 5140, 18 February 1948.
