. NMT05-T1206
Volume V · Page 1206
| here. However, the Tribunal has
again carefully considered these arguments and contentions in connection with
the judgment and the entire record in the case and fails to agree with the
conclusions reached by the defendant but finds and adjudges to the contrary.
After a most careful review of this case in connection with the closing brief of the defendant and the entire record, the Tribunal finds no legal or just cause to alter, amend, vacate, or modify its original judgment and sentence. Therefore the Tribunal reiterates and reaffirms the original judgment and sentence heretofore entered in its original form and substance. |
| POOK |
| The Tribunal pronounced judgment and sentence
against the defendant Hermann Pook on 3 November 1947, as appears of record.
The prosecution, on 29 September 1947, filed its closing brief against this
defendant. On 8 October 1947 the defendant Pook filed his closing brief in
answer to the closing brief of the Prosecution. Pursuant to an order of the Tribunal dated 15 June 1948, the defendant filed a closing brief dated 12 July 1948. Pursuant to an order of the Tribunal dated 14 July 1948 the defendant filed a statement in supplement of his brief of 12 July 1948. In the preface of his brief of 12 July 1948 counsel for the defense stated the following: |
"In the case of the defendant Dr. Pook the prosecution handed in a closing brief against this defendant, dated 29 September 1947, which was then included in the judgment, partly literally and partly in paraphrase, without the defendant having been given any opportunity to reply to it. This reply cannot and will not be made now * * *." |
| On 14 November 1947 the identical defense counsel filed in the Office of the Secretary General his appeal for clemency to the Military Governor of the American Zone of Occupation. In this appeal for clemency counsel for the defendant stated the following: |
"The prosecution, after the conclusion of the trial, has presented a closing brief dated 29 September 1947. I have answered it on 8 October 1947. As I must assume that the Court has no longer taken into consideration this reply of mine in its finding of the verdict, permit me to enclose a copy of it with the present application. The closing brief of 8 October 1347 is to be a component part of my present application." |
| The Tribunal is astounded by this false assertion made by counsel for the defense in the preface to his brief of 12 July |
