. NMT05-T1222
Volume VI · Page 1222
| do not connect him with the criminal program of the SS. But he may be
justly reproached for voluntarily lending his good reputation to an
organization whose reputation was bad. Both defendants joined the Nazi Party, Steinbrinck earlier than Flick, but after the seizure of power. Membership in it also was to them a sort of insurance. They participated in no Party activities and did not believe in its ideologies. They were not pronouncedly anti-Jewish. Each of them helped a number of Jewish friends to obtain funds with which to emigrate. They did not give up their church affiliations. Steinbrinck was in Pastor Niemoeller's congregation and interceded twice to prevent his internment. He succeeded first through Goering. When Niemoeller was again arrested Steinbrinck had an interview with Himmler, described at length in his testimony, and persuaded Himmler to ask for Niemoeller's release which was refused by Hitler. Defendants did not approve nor do they now condone the atrocities of the SS. It is unthinkable that Steinbrinck, a U-boat commander who risked his life and those of his crew to save survivors of a ship which he had sunk, would willingly be a party to the slaughter of thousands of defenseless persons. Flick knew in advance of the plot on Hitler's life in July 1944, and sheltered one of the conspirators. These and numerous other incidents in the lives of these defendants, some of which involve strange contradictions, we must consider in fixing their punishment. They played but a small part in the criminal program of the SS, but under the evidence and in the light of the mandate of Ordinance No. 7, giving effect to the judgment of IMT, there is in our minds no doubt of guilt. The defendants in this case have been imprisoned for various periods. Flick was arrested 13 June 1945 ; Steinbrinck, 30 August 1945 ; Kaletsch, 8 December 1945 ; Terberger, 3 February 1947, and each has continuously been imprisoned since the date of his arrest. Burkart was arrested 5 December 1945, released 7 September 1946, rearrested 15 March 1947, and has since been in continuous confinement. Weiss was imprisoned from 1 February until 30 September 1946, was rearrested 5 February 1947, and has since been in prison. The indictment was not served upon any of them until 10 February 1947. Prior to that time some, if not all, were held without notification of the charges for which they were detained. The Tribunal has ruled that this fact is not ground for dismissal of the case, but previous confinement may and should be taken into consideration in determining the punishment now to be inflicted upon those found guilty. Flick is 64 years old; Steinbrinck, 59; Weiss, 42. To resume, the Tribunal finds defendant Flick guilty on counts |
