COURT II-A CASE IX report dated 11 July 1941. report dated 19 November 1941. report dated 6 March 1942. report dated 25 September 1941. report dated 9 August 1941. Document NO-3153 as Prosecution Exhibit 83, a report dated 12 September 1941.
Court No. 2-A, Case No. 9 Exhibit 84, a report No. 190, dated 8 April 1942.
dated 5 November 1941. 145, dated 12 September 1941. 150, dated 2 January 1942. 157, dated 19 January 1942. 45, dated 7 August 1941.
I offer Document NO-2950 as Prosecution Exhibit 90, Report No. 40, dated 1 August 1941.
I offer Document NO-4135 as Prosecution Exhibit 91, Report No. 22, dated 15 July 1941. Einsatzkommando 10-B to Army Group South. 170, dated 23 August 1941.
I wish to correct the record, your Honor. That is, the report No. 170 dated 18 February 1942, Document NO-3339, Prosecution Exhibit 93. 61, dated 23 August 1941. 89, dated 20 September 1941. 95, dated 26 September 1941.
I offer Document NO*3406-A as Prosecution Exhibit 97, Report No. 117, dated 18 October 1941.
Court No. 2-A, Case No. 9 2-C and 2-D. proceed with the case against those defendants who were members of Einsatzgruppe A. I shall refer first to Document NO-2890 which has been previously introduced as Prosecution Exhibit No. 5 and which may be found in Document Book I on page 20.
This is the affidavit of the defendant Ohlendorf. In paragraph 3 there were four Einsatzgruppen formed at the beginning of the Russian campaign and they were denominated Einsatzgruppen A, B, C, and D. Further he states in the same paragraph that the area of operations for which Einsatzgruppe A was responsible was from the center of Latvia, Lithuania and Esthonia towards the East. Book I and which has previously been introduced as Prosecution Exhibit No. 7. document which enumerates the Commando which formed Einsatzgruppe A and their various locutions.
COURT II-A CASE 9 III, one of the four commandos of this Einstazgruppe. Here we see the towns there as well as their location at White Ruthenia, In addition to Latvia, Lithuania. Esthonia, White Ruthenia was also a part of the territory for which Einsatzgruppe A was responsible. Reports that we shall introduce at a later time will also substantiate this. From this part of this document we may also see that Einsatzgruppe A was composed of the four commandos previously mentioned. These four commandos were identified as Sonderkommandos 1A and 1b,and Sonderkommandos 2 and 3. The Mission of the Sonderkommandos of the Einsatzgruppen and the reasons for and the purpose of these units has been clearly explained by evidence previously introduced and therefore, I shall at this time concern myself with the case against the defendant JOST. Document Book 3-A. I offer this as Prosecution Exhibit 98. This is the SS personnel record of the defendant Brigadefuehrer General Heinz Jost. On page 7 we see a curriculum vitae of the defendant General Jost in his own words:
"I was born on 9 July 1904 in Holzhausen, district Kirchheim, the son of the pharmacist Heinrich Jost and his wife Clara, nee Dinges. From 1911 till 1914 I attended the grammar school in Lorsch (Hessen), following I attended the Senior High School (Gymnasium) in Densheim until the Final examination in 1923. Following that I Studied Jurisprudence in Giessen and Munich; passed the first examination in May 1927. My time of preparation as legal clerk I spent at the local court in Lorsch, the district court, and labor court in Darmstadt, the district office in Bensheim and with an attorney in Worms. After passing the COURT II-A CASE 9 bar examination in the fall of 1930, I settled down in March 1931 in Lorsch as attorney.
In March 1933 I became Police Director-in Worms, following that in Giessen until April 1934. After rather long assignment at the Reich Leitung of the DAF. After rather long assignment at the Leitung of the DAF, I was taken into the SD on a full-time basis, and today I hold there the office of an Amtschef. membership number 75,946. I worked in the Party as Local Gruppen Leader, District Propagandist, and Organization Leader, as Speaker, and SA Fuehrer until I was taken over Into the SS." Book 3-A. This will be Prosecution Exhibit 99. This is the affidavit of the defendant Jost. Here he admits he took command of Einsatzgruppe A at the end of March 1942 and remained in command until the end of August, 1943. In his own words, he says, "From the end of March until the end of August or the beginning of September 1942 I was assigned with the execution of the official business of the Einsatzgruppe A and all affairs of the commander for the East-land, Ostland, During this time I took over the office of the Einsatzgruppe A." Einsatzgruppe A Just was also know by the title of "BdS Ostland". This denomination, I wish to add, involved no change of function of the defendant Jost.
Jost himself recently explains his position and titles on page two of this document where he states - this is paragraph 6 on page 2 of Document Book 3-A. On page 3 of the German Document Book:
COURT II-A CASE 9 also commander-in-chief of the Security Police and SD in East land (BdS Ostland). Headquarters for the Einsatzgruppe A was located in KRASNOCWARDEISK, whilst headquarters for the commander-in-chief-for the Security Police and SD East land was located in RIGA. On the whole the duties of a commander-in-chief of the Security Police and SD were the same as those of a chief of an Einsatzgruppe, and the duties of a commander of the Security Police and DS (KdS) the same as those of a chief of a Sonderkommando or Einsatzkommando respectively, The difference in these names can be explained by the fact that a commander-in-chief or a commander of the Security Police and SD was subject to civilian administration and received his orders from the higher SS and Police Leader or SS and Police Leader respectively, whilst the Einsatzgruppen and Kommandos received their orders from the Chief of the Security Police and SD on the one hand, or from locally superior Wehrmacht offices on the other hand, After this district had been declared an area of civilian administration all Einsatz units were changed into units of the commander-in-chief or commander of the Security police and SD. There was no basic change of duties." which I introduce as Prosecution Exhibit 100, found on page 66 of Document Book 3-A, page 92 of the German Document Book. Here we see under the heading of rather next to Einsatzgruppe A that Jost was designated as the commanding officer of Einsatzgruppe A and that his subordinate commander had the title of KdS. We see from these documents that the only difference that existed was that from the change of command, in either case directives were funneled through COURT II-A CASE 9 Jost who issued orders to a subordinate.
From Document NO-3256 we also see that the defendant Sandberger was the KdS in Esthonia. Lange, whose present whereabouts is unknown, was the KdS in Latvia, the defendant Strauch was the KdS in white Ruthenia and that Jaeger, who is also presently at large, was the KdS in Lithunania. At this time the area was under the brilliant administration of subordinates of the defendant Jost, as the BdS Ostland and commander of Einsatzgruppe A. which has been previously described and Jost participated in the furtherance of the static plans for the extermination or liquidation of Russian Jews. Reports which I shall introduce, were phoned and dispatched by the defendant Jost, as will be seen later. In support of this I offer Document USSR-41 as Prosecution Exhibit 101. It may be found on page 3 of Document Book 3-A.
THE PRESIDENT: Mr. Glancy, when you are referring to a document please give us first the document book; then the page. When you give us the page number then we don't know which book is being referred to.
MR. GLANCY: I will follow that, sir, thank you. In the German copy it's page 5. This is the findings of the Russian Extra-ordinary State Commission for the Investigation of War Crimes. Here are reported letters-excerpts of letters-by SS-Sturmbamufuehrer Kirchstein. It emanates from the office of the Chief of the Security Police and SD. It's marked as will be noted "secret." In one of those letters dated 28 May 1942 it is reported that on 14 April 1943, 243 patients of a mental hospital died. The finding of the Commission certifying to the fact that these patients were murdered by the forces of the Security COURT II-A CASE 9 Police and SD.
These forces were under the command of the defendant Jost. Book 2-A on page 133. This was previously introduced as Prosecution Exhibit 56. This is the Operational Situation port of the Einsatzgruppe No. 195 dated 24 April 1942. I wish to call the attention of the Tribunal there's a typographical error in my copy of the document, it's dated here 24 April 1947. I can assure the Tribunal that's merely a typographical error. The original is 1942. Under the heading or "Einsatzgruppe A", location KRASNOVADAI it's reported:
"Within the period of the report a total of 1272 persons were executed, 983 Of them Jews who had infectious diseases or were so old and infirm that they could not be any more used for work, 71 gypsies, 204 communists and 14 more Jews who had been guilty of different offenses and crimes." It's interesting to note that in addition to those murders for no reason other than that they were part of a group of these unfortunates, that it was the basic mission of the Einsatzgruppen that they had to be exterminated. Thats clearly shown by stating that others whom they murdered were guilty of various misdeeds and crimes. 128 of Document Book 2-A also introduced as Prosecution Exhibit 55. This is the Operational Situation Report No. 193, dated 17 April 1942, under the heading "Lithuania" which as has been shown was under the command of the defendant Jost, we see that it is reported:
"In Olita 22 people were shot on 7 April 1912 because or Communist activities and connections with partisan groups. Russian stick grenades and explosives were found COURT II-A CASE 9 on several of the Communists and were secured.
The same day 22 persons, among them 14 Jews, who purportedly had spread communist propaganda very recently, were shot in Kauen." contained in the indictment under Count III I refer again to Document NO-2896, found on page 4 of Document Book 3-A which was introduced as Prosecution Exhibit 98. Here it is seen that the defendant Jost joined the NSDAP on 1 February 1928 and received the party number of 75946. On page 6 it is noted that he joined the SS in July of 1934 with the SS number of 36243. It is noted on page 7 that he was a member of the SD as a Section Chief. Through Periodical promotions he rose to the rank of Brigadier General in the SS. This concludes the prosecution's case in chief against the defendant Heinz Jost.
Noting the time, your Honor, it's ten after four. Does the Tribunal wish that we proceed against the defendant Sandberger or wait until our session tomorrow morning?
THE PRESIDENT: Well, we have quite a bit of time we can use in some way.
MR. GLANCY: In the case against the defendant Sandberger I offer Document NO-2891, found on page 73 of Document Book 3-A as Prosecution Exhibit 102. This is the affidavit of the defendant Sandberger. In this document he states that he joined Einsatzgruppe A in June of 1941 at which time the area fell under the control of the civilian administration and Sandberger assumed the duties of KdS in and Pretzsch Elbe. He retained this position until late in 1943. *---* *---* This is offered to (mintelligible) of the COURT II-A CASE 9 Regeierungsrat Dr. Sandburger at present in Riga.
"I herewith appoint you, effective innediately, commander of the Security Police and the SD for the Generalbezirk Estonia of the Reich, Commissariat Ostland, office in Reval." 31 of Document L-180 which may be found on page 11 of Document Book 2-A and which has been previously introduced as Prosecution Exhibit 34.
THE PRESIDENT: Mr. Glancy, may I make another suggestion?
MR. GLANCY: Yes, sir.
THE PRESIDENT: You give us the references in diametrically reverse order. You give us the smallest order and then higher and higher until we got to the top. We don't know where you are. Give us the Document Book, the page number, then the document number and then the paragraph number.
MR. GLANCY: Thank you, your Honor. I will rectify that.
THE PRESIDENT: I think it will be simpler that way.
MR. GLANCY: This is the infamous report rendered by Stahlecker, predecessor to Jost, as Commanding Officer of Einsatzgruppe A, under whose command Sandberger was until Stahlecker's death in March, 1942. This report is dated 31 January 1942. It contains a comprehensive report up to 15 October 1941. 9 of the document which is page 19 of the Document Book. I refer to paragraph 3:
"Most of the 4,500 Jews living in Esthonia at the beginning of the Eastern Campaign Tied with the retreating Red Army, about 200 stayed behing. In Reval alone there lived about 1,000 Jews.
"The arrest of all male Jews of over 16 years of age has been nearly finished, With the exception of the doctors and the Elders of the Jews who were appointed by the Special Commandos, they were executed by the Self-Protection Units under the control of the Special Detachment la. Jewesses in Pernau and Reval of the age groups from 16 to 60 who are fit for work were arrested and put to peat-cutting or other labor." in command of Sonderkommando I-A with headquarters in Reval, Esthonia. Besides the execution of these unfortunates referred to, we see that the women did not escape unscathed, but suffered the ignominous fate of slave labor. on page 16, which is page 26 of the Document Book, we see a tabulation of the murders committed by Einsatzgruppe A, under the Heading, "Esthonia," it reports 474 Jews, 684 Communists, getting the total of 1,158 persons who met their deaths under the supervision -- under the command of Defendant Sandberger until October 15, 1941. previously introduced as Prosecution Exhibit -
MR. GLANCY: 21 -- I am sorry, Sir, but due to an oversight, the portion which I was going to quote and in which we are interested, has been omitted from this part of the document. If it please the Tribunal, I will reserve and introduce this at a later point.
THE PRESIDENT: Very well. Very well.
MR. GLANCY: Thank you. In Document Book III-A, page 13, I offer Document NO-3844. This is another affidavit. This will be introduced as Prosecution Exhibit 104.
DR. HEIM (ATTORNEY FOR THE DEFENDANT BLOBEL): Your Honors, as a result of the method of presentation by the prosecution, it is not possible for me to follow the prosecution, especially because the prosecution does not give the pages in the German Document Book. I also believe that the other defense counsel suffer from the same trouble and we cannot correctly put in the exhibit numbers, I therefore would ask the prosecution to give us the exhibit numbers of those documents submitted in Book III-A and in the future also the pages in the German document book, if possible.
MR. GLANCY: The prosecution apologizes for this oversight and realizes it makes it very difficult for the defense counsel. After hours we will be very pleased to aid the defense in lining up their exhibits.
THE PRESIDENTS Very well, Mr. Glancy. Do you have the page numbers in the German document books at hand, as you proceed?
MR. GLANCY: I can, Sir, with a slight delay -
THE PRESIDENT: Well, I was thinking perhaps for tomorrow, if you would have them for tomorrow, as you go along and then for what has already been done you might assist defense counsel, with one counsel, and he can give it to all the others.
MR. GLANCY: It is my pleasure.
THE PRESIDENT: Any one of you can see Mr. Glancy and he will help you out in getting the correct numbers.
MR. GLANCY: Here we find in this affidavit of the Defendant Sand berger where he states -- It is page 21 of the German -- I will quote:
"I, Martin SANDBERGER, after being duly sworn, declare an oath: Security Service in Reval from summer 1941 until summer 1943, the following facts became known to me:
When in the winter of 1941/1942 Obergruppenfuehrer JEGKELN (Hi-her SS and Plice deader Russia-North) travelled on an official trip through PSKOW, he ordered the local office of the Security Police to shoot 400 Esthonian Jews who were in the working camp in, or near PSKOW. At the same time he expressed his indignation about the fact that the Jews had not already been shot previously. This was the reason why the chief of the office did not dare to postpone the execution, and ask me as Commander of the Security Police and the Security Service in Reval about my opinion, but ordered their immediate execution. official trip through PSCHOW. I can no longer remember the name of the chief of the office, but one of the three names mentioned below must be the name of the person who ordered that the order for the shooting be carried out." culpability, these troops in Pleskau -- which is the German - by his own admission performed the executions. The troops in Pleskau were a part of Sandberger's command and he, as commander, is responsible for their actions.
On page 72 of Document Book III-A, we find Document NO-3873. I offer this document as Prosecution Exhibit 105; in the German document book it may be found on page 97. This is an affidavit of the Defendant Sandberger, dated 19 November 1945, where as in other instances he attempts to avoid responsibility for the actions of troops under his command. However, the prosecution presents these remarks for the consideration and judgment of the Tribunal herein he states:
"I, Martin Sandberger, after being duly sworn, declare on oath:
"In my capacity as Commander of the Security Police and the Security Service in Reval from summer 1941 until summer 1943, the following facts became known to me:
"Brigadefuehrer Stahlecker who was at that time Commander-in-chief of the Security Police and of the Security Service in Riga (Russia-North) gave me or my office the following orders:
"July 1941 that the Jews who were at that time in Esthonia should be interned (analogous to the internment of 'hostile foreigners' in the area of operation).
"About September 1941 that these Jews should be shot.
"I can no longer remember whether these orders were given to me orally by Stahlecker, or orally or by telephone by his office IV to the Chief IV of Reval."
"The internment order was carried out by the political police of Esthonia or by the prefects of the Esthonian Police. The shooting order was not carried out by me." their commander, is deemed responsible for their actions. The prosecution has charged under Count III of the indictment that the Defendant Sandberger was a member subsequent to 1 September 1939 of the SS and SD, organizations declared to be criminal by the International Military Tribunal and paragraph I-D of article II of Control Council Law 10. was previously introduced as Prosecution Exhibit 103. It may be found on page 23 and 24 of the German Book. This document is the SS personal record and shows that he became a member of the NSDAP on the 1st of December 1931.and that he joined the SS on the 11th of May, 1935, with the SS Membership No. 272495. artenfuehrer on the 30th of January, 1945, His personal record further shows that he was assigned as commanding officer to Amt VI of the RSHA by a letter found on page 18 - page 28 of the German Book, signed by Dr. Kaltenbrunner:
"After being relieved of your commission as Commander of the Security Police and the SD, Italy, you will be transferred from Office I to Office VI of the Reich Main Security Office, effective retroactively from 1 December 1943. At this time I charge you with the direction of Group VI-A." Sandberger.
THE PRESIDENT: I think this would be a good point at which to recess for the day. Mr. Ferencz, would you please assign someone to the document book this evening to get the German page numbers so that we can get that just as quickly as the English page numbers for tomorrow?
MR. FERENCZ: Yes, Your Honor.
THE PRESIDENT: The Tribunal will be in recess until tomorrow morning at 9:30 when we will convene in Courtroom No. 2, Room 581 581. The Tribunal will now rise.
(The Tribunal adjourned until 30 September 1947, at 0930 hours.)
30 September 1947_M_MSD_1&2_1_Biosi (Lee) Military Tribunal No. IIA in the matter
THE MARSHAL: The Honorable, the Judges of Military Tribunal Ho. II_A.
Military Tribunal No. II-A is now in session. God save the United States of America and this Honorable Tribunal.
THE PRESIDENT: You may continue with the presentation of the prosecution.
MR. GLANCY: Thank you, your Honor, is here represented by councel before I proceed with the case against the defendant Strauch.
DR. GLICK (for the defendant Strauch): Your Honor, I shall take this opportunity to make the following statement! My client yesterday morning had another epileptic fit. He injured himself considerably during that attack. According to available information at the present, he suffered a knee injury, and a spine injury. He will not be able to attend the proceedings within the near future. Yesterday, also, he could not attend the trial. I therefore ask that, for the time being, my client be excused from participating in these proceedings. After gathering more detailed information from the doctor about the case, I will make a written application to the court - which will determine the further condition, and the further participation of the defendant Strauch in the proceeding, I will then ask for a final decision of the Court.
If I may continue my statement in this connection! I have had no opportunity to go through the documents with my client, the documents were only given to me yesterday, before that I had only received several excerpts which, in the main, did not concern my client.
30 September 1947_M_MSD_1&2_2_Biolsi (Lee) Therefore, I am not in a position to make any statement concerning any documents which apply to my client. I ask that I "be permitted to reserve this right for a later time.
THE PRESIDED: The record will show that the defendant Edward Strauch is. for the moment, because of his physical condition, unable to be present in Court and he will he excused from attendance in Court. The Tribunal, of course, will be ready at all times to receive any motion which his councel desires to submit in Strauch's behalf. as they pertain to Strauch's counsel of course will have ample opportunity - not only to study the documents, but to reply to them in due course.
MR. GLANCY: Now that it has been ascertained that the defendant Strauch is here represented by counsel, the prosecution is ready to proceed with the case against the defendant Strauch. the German, Document NO-.2966, which I now offer as Prosecution inhibit ICS. This is the SS personnel record of the defendant Obersturmbannfuehrer Lt. Col. Edward Strauch.
At the bottom of page 20, beside the notation "Security Police Service Record" we see the following? "Since 4 November 1941 leader of Einsatzkommando Latvia with the Commander-in-chief of the Security Police and the SD for the Eastern Territories and since February 1942 Commander of the Security Police and the SD in White Ruthenia; since February 1943 assigned to the Deputy of the Reichsfuehrer SS for Anti-.Guerilla Combat as Intelligence Officer (Ic)." The terms Einsatzkommando 2 was in Latvia. is given as 17 August 1906, Struach at this time being 41 years of age. German, Document NO-3405, which has been previously introduced as Prosecution Exhibit 42. This is on operational situation report numbered 156, dated 30 September 1947_M_MSD_1&2_3_Biolsi (Lee) 16 January 1942.
Commandant of the Security Police and SD for the General District White Ruthenia, temporarily represented by SS-Sturmbannfuehrer Hofmann. This document refers hack to an earlier period and states, on page 64, at the top of the page, and I quote: "On the 30th November 1941, 10,600 Jews were shot in Riga. The action was led by the Higher SS and Police Leader. One officer and 20 men of Einsatzkommando 2 took part". Strauch, as has been previously shown, was part of Einsatzkommando in Lativa 2 with Headquarters in Riga on the 30th of November 1941. Further, it is reported, "the total to date in the area of Einsatzkommando 2 thus amounts to 33,970." of the German. This is Operational Report No. 155, dated 4 January 1942. It was received in Berlin on the 14th of January 1942, Commander of the Security Police and the Security Service for the General District White Ruthenia.
On page 84 under the heading of White Ruthenia, I quote: "In White Ruthenia the purge is in progress. The number of the Jews in the area handed over to the civil administration is at present approximately 139,000. 33,210 Jews were shot by Einsatzgruppe A since it had taken over the official duties in White Ruthenia."
THE PRESIDENT: Mr. Glancy, you have said "Einsatzgruppe A", and I presume that is correct. I merely want to have your confirmation on that because it so happens that in the reproduction that very letter does not appear in my copy, nor in the copies of my brother judges,
MR. GLANCY: One moment, please.
It says "A" in the German Book, sir.
THE PRESIDENT: Very well.
MR. GLANCY: I refer the tribunal to Document Book III-A, page 45 30 September 1947_M_MSD_1&2_4_Biolsi (Lee) of the English, page 63 of the German, Document NO-4533, here offered as Prosecution Exhibit 107.
This is an Operational Situation Report Ho. 168, dated 13 February 1942. listed as the Commanding Officer of the Security Police and SD for the General District White Ruthenia. is on page 69 of the German:
"In Minsk during the period from 1 to 4 February a total of 123 persons; were arrested, 80 of these for refusing to work. Since lately the cases of work refusal became frequent, especially at the railroad offices, 5 persons who had refused were shot by summary court in the presence of the whole crew of an industrial plant." that: "On 4 February 1942 the Ghetto of Rakow, 38 kilometers distance from Minsk, with roughly a hundred persons, was liquidated. The Jews had begun making the population rebellious." the German, we find Document ITO-3234, which I offer as No, 183, dated 20 March 1942, On page 60 Bl of the German Book. Under the herding of White Ruthenia, I quote:
"In the period from the 5th to the 28th of February, the main field office Wilajka shot 29 Jews, 4 Communists, 5 partisans, 5 public enemies-, and 4 persons for sabotage. Another 16 persons were arrested."
Sept-30-M-MJ-1&2-5-Biolsi (Lee) page 92 of the German, we find Document NO-3236, which I offer as Prosecution Exhibit 109. This is Operational Situation Report No. 186 dated--
THE PRESIDENT: Mr. Glancy, just; a moment please. Here that has another exhibit number.
MR. GLANCY: One moment, sir, I will correct it if that is so. show that this has not been previously introduced. What do your records show, sir?
THE PRESIDENT: We have it marked asExhibit 100.
THE SECRETARY GENERAL: That is 3256, Judge.
THE PRESIDENT: Oh, -3256? Very well. This is 109.
MR. GLANCY: This is Operational Situation Report No. 186, dated 27 March 1942. Turning to page 67 of the English, 92 of the German, we see that the defendant Strauch is listed as the Commander of the Security Police and the SD for the District General White Ruthenia. On page 70 of the English, page 95 of the German, under the heading of White Ruthenia, we note:
"Further operations carried out against the Jews, as for example in Rakow and Tscherwen (15000 Jews were shot in Tscherwen) create a feeling of. insecurity and even anxiety in the population of White Ruthenia, In the more educated circles it is said that they were not used to such a procedure during the Soviet regime and that it was impossible to estimate the consequences of such measures." of the German:
"In the interest of further general pacification in the security police field within the area of the 18th Army, 102 persons were shot during the time covered by the report (former leading Communist-NKWD operators, saboteurs, partisans)."