aaus-list @ ukrainianstudies.org -- [aaus-list] FYI: Latest article on Demjanjuk case (fromH-ANTISEMITISM)

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SOURCE: http://www.haaretz.com/jewish-world/new-evidence-in-trial-of-alleged-nazi-demjanjuk-calls-key-statement-into-question-1.342075

New evidence in trial of alleged Nazi Demjanjuk calls key statement into question: Demjanjuk is standing trial on 28,060 counts of accessory to murder for allegedly having been a guard at Sobibor death camp during WWII

By The Associated Press 

John Demjanjuk's attorney told a Munich court Tuesday he has obtained new evidence that throws into question a key witness' statement that the defendant killed Jews at the Nazi's Sobibor death camp.

Ukrainian-born Demjanjuk, a former Ohio autoworker, is standing trial on 28,060 counts of accessory to murder for allegedly having been a guard at Sobibor. He denies the charges.

Earlier in the trial, the court read aloud summaries of statements by
Sobibor guard Ignat Danilchenko, who allegedly told Soviet officials that he remembered Demjanjuk from the death camp.

In one summary, Danilchenko said he served with Demjanjuk at Sobibor and that Demjanjuk like all guards in the camp, participated in the mass killing of Jews.

The statements from Danilchenko, who is now dead, were made in 1949 and 1979.

The defense has argued that they could have been made under torture and
should not be admitted as evidence.

On Tuesday, attorney Ulrich Busch said he had obtained another statement that Danilchenko had given to the Soviets in 1985.

In that document, Danilchenko refers to several other guards but never
Demjanjuk. He says that none of the Ukrainian guards were able to go in to the areas where Jews were stripped of their clothes and remaining
possessions, and then gassed.

The watchmen had no access to the second or third zones, Danilchenko said, according to the transcript. Exclusively Germans carried out the guard duty.

Prosecutor Hans-Joachim Lutz noted that other witnesses had testified that Ukrainian guards did participate in the killing process. None, however, identified Demjanjuk.

Busch, who said he received the 1985 testimony from an attorney
representing the families of Sobibor victims in the case, told the court another statement from Danilchenko from 1983-4 is understood to exist, and asked that it be traced.

Demjanjuk, 90, had his U.S. citizenship revoked in 1981 after the U.S.
Justice Department alleged he hid his past as the notorious Treblinka
death camp guard Ivan the Terrible.

He was extradited to Israel, where he was found guilty and sentenced to
death in 1988. But Israel's supreme court overturned that conviction five years later as a case of mistaken identity.

In a 1993, a federal U.S. appeals panel concluded that the Department of Justice's Office of Special Investigations had failed to disclose
exculpatory information - including statements of Ukrainian guards at
Treblinka who clearly identified another man as Ivan the Terrible - in a timely fashion to the defense due to a win at any cost attitude.

This case has been fraught with government cover-up, prosecutorial
misconduct and fraud over the years and this is but another chapter of the same, Demjanjuk Jr. said in an e-mail to The Associated Press.

If the Germans are interested in justice, they will simply ask the
Russians and the U.S. to turn over all the evidence including Soviet
Investigative file 1627 and the missing Danilchenko report.

      This story is by:
    * The Associated Press

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