responsibility of the Defendant Haensch. I refer to Document Book III-C, Page 35 of the English, 54 of the German, Document NO-4567, which I offer as Prosecution Exhibit 140. There Haensch admitted he was a commander of 4b from the middle of March until approximately the middle of June 1942, but he claims that he actually stayed with the Einsatzkommando only for about seven to eigh weeks. Somewhat contradictory to this statement is an admission on the next page, the second page of the document, Page 36 of the document book, that he was appointed as leader of Sonderkommando 4b by Heydrich in the beginning of 1942. He describes then his official functions, and I will skip this and only refer to Page 9 of the document. Page 43 of the document book, where he states that he watched three or four executions. Page GO of the English, Page 61 of the German, Prosecution's Exhibit 42, Document NO-3405, which is dated 16 January. This document proves that Haensch at that time was in command over Sonderkommando 4b. On page 4 of the original, Page 4 of the translation, Page 6 of the document book, the name Braune which originally appeared as commander of Sonderkommando 4b is crossed out and replaced by the name of Haensch in handwriting. On the same page the name of Blobel, which appears as commander of Sonderkommando 4a is corrected to Dr. Weinmann. This undoubtedly proves that Haensch had been replaced by Braune, no, that Haensch had replaced Braune and Weinmann had replaced Blobel at the time when this report was made That is on the 16th of January, 1942. This date is of certain importance, of the English, this is Document No_3340, Prosecution Exhibit 22, it shows the following entry.
I quote from Page 2. "Einsatzgruppe C; Location, Kiew: "During the period 14 January to 12 February 1942, 861 persons were shot by order of summary court by the Sonderkommando 4b. Of this number 649 were political officials, 52 saboteurs and partisans, and 139 Jews." your Honors find Document NO_3240, which is Prosecution Exhibit 80. There it is stated that Sonderkommando 4b executed a total 1317 persons. These two entries prove that Haensch did not only execute 861 persons, bu order of a Summary Court who sentenced these persons to death in a period of less than one month, but also used his own discretion for the execution of 1,317 people. of Document Book III-C, Page 51 of the English, 85a of the German, Document No_3261 which will be Prosecution's Exhibit 141. Your Honors, this is the SS personal record of Haensch and proves that he was a member of the SS and SD, both, after the 1st of September 1939, and that he received the death-head ring and the sword of honor.
I turn now to the case of the Defendant Fendler. I offer from Document Book III-C, Page 55 of the English, 89 of the German, Document NO-4144, which is Prosecution's Exhibit 142, where Fendler admits he was a member of Sonderkommando 4b from May to October, 1941. As to his position in the Sonderkommando, I do not Want to quote Paragraphs 3,4 and 5, but I shortly refer to the fact that he said here that he was the second highest ranking officer in this unit and that he often carried out the functions of a deputy to the leader of the unit. He further states that he never was officially informed that the execution had taken place by Einsatzkommando 4b at the time when he was in charge there, but he by no means denies that he unofficially knew that executions were held.
He admits having been in Tarnopol. In this connection I would turn to Document Book II-A, Page 81 of the English, 79 of the German. Your Honors. Document NO-2938, Prosecution's Exhibit 44 which shows on the bottom of the page that by Sonderkommando 4b 180 Jews who were used for excavation of corpses were slain afterwards by this Sonderkommando. Jewish residences were destroyed by members of the Waffen-SS by hand grenades and setting of fires. Honors, 52 of the German, Document NO-2934, Prosecution's Exhibit 78, which shows that in Tarnopol Einsatzgruppe 4b carried out 127 executions and liquidated 600 Jews by inducing a program which killed these 600 people. Fendler further admits in an affidavit that he was in Poltawa. In this connection. I would like to turn to Document Book II-C, Page 25 of the English, 23 of the German, Document NO2830, Prosecution's Exhibit 72, your Honors, which shows that the Sonderkommando 4b in Poltawa killed 186 persons cut of which were 161 Jews. the English, 40 of the German, Document 3155, Prosecution's Exhibit 38, which states that Special Kommando 4b executed another 103 political officials, 9 saboteurs and looters and 125 Jews.
COURT II-A CASE 9 to Document NO-4144 which is in Document Book III-C, on page 55 of the English, 89 of the German, which I have already introduced as Prosecution's Exhibit 142, and offer out of Document Book III-C, Page 57 of the German, page 92 of the English, I am sorry, Page 57 of the English, your Honors, 92 of the German, Document NO-4958, which will be Prosecution's Exhibit 143, the SS personal record of Fendler, in order to prove his membership in criminal organizations. to take up the Case of the Defendant Schulz. In this connection I have to refer to Document Book I, Page 96 01 the English, 134 of the German, prosecution's Exhibit 26, Document NO-3644, where he admits that he was commanding officer of Einsatzkommando 5 from May until the end of September, 1941. The affidavit further reveals that Schulz in the Einsatzkommando participated. in mass executions which were carried out in Lemberg by various units of the Einsatzgruppe C by order ot the Defendant Rasch. Schulz admits that he was informed by Rasch that not only guilty but also strongly suspected persons were to be executed, and that also Jewish females and Jewish children Were to be killed. In another affidavit of Schulz which is in Document Book III-C on Page 60-
DR. DURCHOLZ: Dr. Durcholz for the Defendant Schulz. is supposed to be proved by exits document of the Defendant Schulz, I should like to say the following: In the index of Document Book III-C, on page II of the index, with reference to the document NO-3644 Exhibit 26, the following is contained in the last Sentence, and I quote: "Jewish women and children were also executed." This is the end of COURT II-A CASE 9 Quotation.
I have to correct this: In the affidavit of the Defendant Schultz of the 26th of May of 1947, which is supposed to contain this sentence, in Document Book I, Page 134, I don't know, the English page number, under No. 7 the last Sentence contains the following, and I quote: "Jewish women and children would have to be shot in cases if necessary, so that there may be no avengers."1 This is the end of my quotation. From this document it becomes evident as is Seen from the context, that the defendant Schultz made known an order and decree issued by the Reichsfuehrer-SS, which also becomes evident iron the documents, at the beginning of August in Shitomir, that in future women and children would have to be shot. But on no account had this order already been issued in Lemberg, as it can be concluded from the index. That under the leaders of the Defendant Schulz women and children were never shot, I shall, when the case of the Defendant Schulz comes up, give evidence to that effect.
MR. HORLICK HOCHWALD: If Your Honors Please, I do think that what was just introduced by Defense Counsel for Defendant Schulz could be better placed in His presentation of his case-in-chief than in this instance.
THE PRESIDENT: Well, he explained it in the last sentence, that he said he would present it when his case comes up.
MR. HORLICK HOCHWALD: I just referred to another affidavit of Schulz Which is in Document Book III-C, which is on page 60, your Honors of the English, 96 of the German, Document NO-3841, which I shall introduced as Prosecution's Exhibit 130. This document reveals that even Streckenbach, Heydrich's deputy in the RSHA considered the activity of the Einsatzgruppe to be murder.
DR. DURCHOLZ: Your Honor, to this also 1 want to say a few words. In this document-
THE PRESIDENT: Just lot me Say this. If you have an objection to the authenticity of the document make it; if you have an objection to the relevancy, make it; but if you are merely commenting on its discrepancy with some other document, then the objection is out of order. You will have an opportunity when your client takes the stand end when you make your argument to point out ell the discrepancies. You may attack the; document from any side, any angle.
DR. DURCHOLZ: I shall, when my case comes up, make the necessary correction, but I should like to say that the indices which are added to the document books to us are not always in agreement with the actual content of the document books. Therefore a correction would be necessary. That was the purpose of my coming, up here.
THE PRESIDENT: Yes, that is something you can do at the appropriate time,
MR. HORLICK HOCHWALD: If your Honors please, I only want to add the order of presentation is by He means a part of the evidence. It was only to aid the Tribunal and the defense counsel in order to follow our presentation of the case in chief and to make it easier for the Tribunal and the defense counsel to follow.
THE PRESIDENT: Very Well, proceed.
MR HORLICK HOCHWALD: The evidence presented by the Prosecution gives a clear picture of Einsatzgruppe 5 at the time Schulz was in command. I would like to refer to Document Book II-C, Page 25, your Honors, Prosecution's Exhibit 72. It is on Page 23 01 the English, Page 41 of tile German document, NO-2030. In this document you will find that the number of people executed by this Einsatzkommando COURT II-A CASE 9 amounted, on the 20th 01 October, 1941, to 15,110.
Schultz was, according to his own admission in charge of this unit until the 26th of September of thesame year. Page 44 of the English, Page 40 of the German, Prosecution's Exhibit 38, Document NO-3155, Which shows in the period from 7 September to 5 October 8800 Jews were liquidated by Einsatzkommando 5.
As to Schulz' membership in the SS and the SD and the Gestapo, I offer from Document Book III-C, on Page 63 of the English, 103 of the German, Document NO-4298, as Prosecution's exhibit 144, your Honor. This document proves Schultz's membership in the SS, SD and the Gestapo, and his higher rank of a brigadier general in the police. These facts are also corroborated by his own affidavit, Which is in Document Book I, on Page 97, already introduced as Prosecution's Exhibit 26, Document NO-3644. Book I, Page 111 of the English, 145 of the German, Prosecution's Exhibit 29, Document NO-4314, which is the affidavit of the Defendant Biberstein, where says that he was commander of Einsatzkommando 6 from Juno 1942 until June 1943. He alleges in his affidavit that his actual departure to Russia was delayed and that he did not arrive there earlier than in September. He further admits, and I quote from Paragraph 3 of the document, "2000 to 3000 executions Were performed in the area of my Einsatzkommando. I personally superintended an execution in Rostow which was performed by means of a gas-truck."
I do not want to take the Tribunal's time by quoting further from this interesting document, but I want to refer here to Document Book III-C. No, I want to offer here from COURT II-A CASE 9 Document Book III-C, Page 72 of the English, 116 of the German, the Document NO-2901, which will be Prosecution's Exhibit 145.
This is an SS personnel record, and there we find the correspondence between the Kommando of the Secret Police of the SD, Ukraine, and Biberstein. I only Want to quote Very shortly from this correspondence. There is a teletype, radio message of the 23rd May, 1943 to SS Sturmbannfuehrer Gottwald.
"The leadership of Enisatzkommando 6 was conferred upon me by the decree of the RSHA (Reich Main Security Office) dated 14.7.42 I A," and so forth. "Subordination. of Einsatzkommando 6 under Commander Rowno can only of accomplished, if the RHSA repeals the above decree and thus revokes my appointment. Since there is no report on this Here, I request immediate clarification." Signed by this defendant. the Einsatzgruppen and their units had one foremost task, to kill, to exterminate. Spoliation slave labor assignment were additional duties, Which were accomplished only as Secondary tasks in the frame of their main duties, to round up Soviet officials, commissars, and Jews for execution, and to carry out these executions. In the light of this evidence the guilt of Biberstein is amply corroborated.
Book I on page 112 of the English, page 145 of the German, Document NO-4314, Prosecution Exhibit 29, Biberstein admits having been a member of the SS and SD. He also was a leader in the Gestapo in Oppeln. These facts are confirmed by his SS personal record, which I just introduced in evidence. Document Book IIIB, page 70, of the English page 116 of the German Book, prosecution Exhibit 145, Document NO-2901, which proves that he was a member of the SS and the SD from November 1936 on and was active in the Gestapo office in Oppeln.
DR. FIGHT: (Attroney for the defendant Biberstein) I object to the submission of this last document. This is an excerpt from the personnel files and individual letters, especially the letter which was quoted by the prosecutor in which Biberstein objects to the submission to another command; it is not signed by him. It cannot be seen from the copy whether actually those letters were signed by the defendant. It is typewritten. It is initialed, but it is not signed.
MR. HORLICK-HOCHWALD: If Your Honors please, I referred to the document as being a radio message, A radio message cannot be signed, and I only want to state here that this is a captured document perfectly admissible.
THE PRESIDENT: I think that is correct, Dr. Ficht. Your objection is overruled.
MR. HORLICK-HOCHWALD: I turn to Document Book III-C, Your Honors, page 74 of the English, 123 of the German, which is Document NO-4855, and which I offer as prosecution Exhibit l46, the affidavit of the Defendant Graf, where he admits that he was a member of Einsatzkommando 6 from the end of May, 1941, until approximately 15 October, 1942.
already in evidence, first to Document Book II-C, page 60 of the English, 65 of the German. This is Document NO-3240, Prosecution Exhibit 80; then to a document in Document Book II-A and on page 67, Your Honors, 61 of the German, the document starts, -- this is NO3405, Prosecution Exhibit 42, and to Document Book I, page 86, 87, to 88 of the English, 119 of the German, which is Prosecution Exhibit 22, Document NO-3340. All these documents refer to executions carried out by Einstazkommando 6 in the time when Graf was a member of this unit. 125 of the German, Graf's SS personnel record, which is Document NO-4801, as Prosecution Exhibit 147, in order to prove his membership in the SS and the SD with which he is charged in the indictment. Mr. Walton will now proceed with the presentation of Document Book III-D.
MR. WALTON: May it please Your Honors, Document Book III-D has to do with the personal responsibility of the defendants of Einstzgruppe D. Einsatzgruppe D operated in the period of time in which the crimes set forth in paragraph 9 of Count 1 of the indictment were committed. The area of operations in which the criminal acts occurred was roughly the coastal plain of the Black Sea and the Crimean Peninsula. This area has been more precisely stated by the Defendant Ohlendorf in his affidavit of 24 April 1907 in Document Book I, page 20, Document NO-2890, which has already been offered as Prosecution Exhibit 5. Paragraph 3, which states the boundaries of this area is found on page 22 of the English and on page 24 of the German Document Book. The many Operational Situation Reports and Activity Reports put into evidence by the prosecution in previously introduced document books confirms the fact that Einsatzgruppe D was active in this area during the period of time alleged in the indictment. The personal responsibility of the Defendants Otto Ohlendorf, Willy Seibert, Dr.
Dr. Werner Braune, Gustav Nosske, Felix Ruehl, and Heinz Schubert, for specific criminal acts will now be shown by documentary proof offered in evidence in the order of the defendants named. To speed this phase of the Prosecution's case, the documents implicating those defendants veil be offered without regard to the chronological order in which the various crimes were committed.
The case against the Defendant Ohlendorf: Ohlendorf is the No. 1 defendant in the dock. In paragraph 1 of his affidavit, dated 2 April 1947, the Defendant Ohlendorf states that he was a Commanding Officer of Einstzgruppe D from June 1941 to the end of June 1942. This document is in Document Book III-D, page 1, German Document Book Page 1, and is Document NO-2856, which is now offered as Prosecution Exhibit 148, In Paragraph 4 of this affidavit of 24 April 1947, which has been previously cited in Document Book I, page 20 in the English, 23 in the German, and isDocument NO-2890 already introduced as Prosecution Exhibit 5, the defendant shows that Einsatzgruppe 1) was composed of the Sonderkommandos 10-A, 10-B, 11-A, 11-B and Einsatzkommando 12. In an affidavit dated November 5, 1945, which is found in Document Book I, page 35, and is Document 2620-PS and found on page 40 of the German Document Book I, already offered asProsecutions Exhibit 9, Ohlendorf describes the activity of his organization as follows:
"When the German Army invaded Russia, I was leader of the Einsatzgruppe D in the southern sector and in the course of a year, during which I wasleader of the Einsatzgruppe D, it liquidated approximately 90,000 men, women, and children. The majority of those liquidated were Jews, but there were among them some Communist functionaries too." in detail the methods of performing these executions and this act is a concise and. graphic detail of the activities of the group. I will refrain from quoting from it. It's already in the document book.
THE PRESIDENT: Very well.
MR. WALTON: This statement as contained in the paragraph just referred to by this defendant is reaffirmed by Ohlendorf in his affidavit made on 2 April 1947, which is in Document Book III-D, page 1, German pages 2 and 3, and is Document NO-2856 and was offered as Prosecution Exhibit 148. Ohlendorf in paragraph 3 thereof discusses his obedience to the orders of the RSHA and the Reichsfuehrer SS to execute certain undesirables of the civil population. He states, quote:
"A number of undesirable elements composed of Russians, Gypsies, and Jews and others, were executed in the area detailed to me. All Jews who were arrested as such were to be executed within my area. It was my wish that those executions be carried out in amanner and a fashion which was military and suitably humane under the circumstances." is slightly on the conservative side is shown by an official report of the activities of Einsatzgruppe D, which states, in effect, that its number of executions of Russian Nationals to the end of March 1942 was 91,678. The Tribunal's attention is called to the fact that this was approximately three months before Oldendorf relinquished his command. over Ohlendorf's statement is in Document Book II-D, page 1, Document NO-3359, and it is on page 7 of the German Document Book, It has already been offered as Prosecution Exhibit 84. How these numbers reached such staggering totals is shown by several documents. Document Book II-D, page 9, German Document Book II-D, page 8, Document NO-3159, already offered as Prosecution Exhibit 85 shows on page 18 of the English and on page 21 of the German that the Operational Situation Report No, 129, dated 5 November 1941, accounts for 11,037 Jews and 31 Communists as having been executed by the whole group. The total number of executions given to the date of reporting amounts to 31,767.
page 25 of the German, Document NO-2828 already introduced as Prosecution Exhibit 86 shows that by the middle of December 1941 the total number of executions performed by Einsatzgruppe D had risen to 54,696.
of Jews, Krimtchakes, Gypsies, and Communists. Krimtchakes were people of Jewish extraction who had lived in this area for several hundred years, but were classified as undesirables by the Einsatzgruppe. By 2 January 1942 when this report was published the total of executions of Einsatzgruppe D had risen to 75,881, as shown in Document Book II-D, page 22 of the English, page 27 of the German, and it is Document NO-2834which was offered as Prosecution Exhibit 87. The point referred to can be found on page 2 of the English Document Book and on page 33 of the German Document Book.
THE PRESIDENT: Just a little more slowly, Mr. Walton, because of the interpreters.
MR. WALTON: 17 days later Einsatzgruppe D reported a total of 80,160 persons executed, which is shown in Document Book II-D, page 29 of the English, page 34 of the German, and is Document NO-3338 (a). It has been offered as Prosecution's Exhibit 88. The point referred to can be found on page 31 of the English Document Book and on page 35 of the German. as Prosecution Exhibit 149 a summary or, conclusion of the condition of the areas of all the Insatzgruppen in the occupied territories of the East is given. The point referred to can be found on page 9 of the English copy and on page 11 of the German copy. It states in paragraph "C" headed "Jews":
"The solution of the Jewish problem which can be considered as almost solved and settled in the Ostland, continues in the remaining occupied territories of the East. The concentration of Jews in Ghettos has generally been carried out. Again and again the Jews who do not obey the official orders are seized and shot. In order to avoid the further spreading of the danger of epidemics, shootings of Jews became necessary at different occasions."
committed on those who we re mentally ill. In Operational Situation Report No. 45, dated 23 March 1942, which is found in Document Book II-A, page 124 of the English, page 138 of the German and is Document NO-3235, already introduced as Prosecution Exhibit 54, it is shown on page 126 of the English and 140 of the German that Einsatzgruppe D reported from its headquarters of Simferopol, quote:
"In the territory south of Karasubasar investigations for the preparation of extensive actions on the part of the Wehrmacht were carried out by the Kommando stationed there.
"The removal of asocial elements led to the fact that 800 gypsies and insane people were rendered harmless." 140, there is a typographical error, which says that 500 Gypsies and insane people were rendered harmless. I have taken the liberty, since this was in the archives of the court to have it brought into court and it is ready for inspection and the correction from 500, which is in the German Document Book, to 800 should be made. Counsel can satisfy themselves that the document has that number.
THE PRESIDENT: Very well, defense counsel is so informed.
MR. WALTON: So that there would be no confusion in the RSHA or to anyone to whom these reports were distributed, the concluding paragraph of this report, which can be found on page 127 of the English and 141 of the German Einsatzgruppe D, in the manner of a summary or a recapitulation stated:
"During the period covered by report, 2,010 people were shot; amont these there were 678 Jews, 359 Communist officials, 153 partisans, and 810 asocial people, Gypsies, insane people, and saboteurs." summarily executed in Document Book III-D, page 11 of the English, page 12 of the German, Document NO-KW-604 is offered as Prosecution Exhibit 150.
This document is a report from Sonderkommando 11a, a sub-unit of Einsatzgruppe D, on a case of one Waldimir Romanenko, a Russian National who was arrested for sabotage. This report isdated 10 September 1941. On investigation, these charges against him were found to be without merit and the report concludes:
"As Romanenko seems to be a feeble-minded person who according to his own statement was already sent three times to a medical establishment, he was executed on 9 September 1941 for hereditary biological reasons." helpless victims and non-combatants, is shown by a signed report from Ohlendorf, dated 13 February 1942, which details the disposition that was made of money and Watches taken from Jews who were re executed. In support of this allegation, the prosecution cites Document Book III-D, page 14 of the English, page 15 of the German, Document NOKW -631, and now offers it as Prosecution Exhibit 151. same transaction, the prosecution cites the affidavit of Heinz Schubert, which is in Document Book I, page 108 of the English, Document NO-3055. This document appears on page 141 of the German copy and paragrapsh 3 and 5 of that document. This document has already been introduced as Prosecution Exhibit 28. Schubert states that after having been ordered by Ohlendorf to supervise an execution carried out by a sub-unit of Einsatzgruppe D, he relates in detail the action he took concerning the property of those persons who were executed. The events narrated by him occurred in the vicinity of the Russian city of Simferopol some thime in December 1941. He states that among his duties and responsibilities involved in these executions were to supervise the collection of money, jewels and other valuables of people who were to be shot and to see that none of the SIPA and SD men converted them to private use but that they were forwarded to Einsatzgruppe D Headquarters for transfer to Berlin. Now he goes on in paragraph 5 to detail how this collection was made and the time it was made of the Jews on to the execution of the condemned, There is no point in reading this language.
unfortunates who were to be executed is shown in Document III-D on page 16 of the English, page 17 of the German and is Document NO-4489, just now introduced as Prosecution's Exhibit 152. This is an excerpt from Operational Situation Report No. 103, dated 4 October 1941, wherein it is mentioned that Einsatzgruppe D put Jewish homes and their furniture at the disposal of the German settlers. religious grounds, the alternative was slave labor. Einsatzgruppe D contributed its efforst toward rounding up, registering, and committing to forced labor Jews and other persons. In Document Book III-D, page 17 of the English, page 30 of the German, Document NO-4538 is now offered as Prosecution's Exhibit 153 and this document shows that a kommando of Einsatzgruppe D on its own initiative caused a ghetto to be established at Kichinew and the Jews there were used for slave labor. An excerpt from Operational Situation Report No. 64, dated 26 August 1941, which is found in Document Book III-D, page 24 of the English, page 46 of the German and is Document NO-2040, I now offer as Prosecution's Exhibit 154. This document shows that Einsatzgruppe D in the vicinity of Mogilev put approximately 6,000 Jews who had been previously deported by the Roumanians into labor camps and forced thorn to work.
Court No. II-A, Case No. IX.
Records before other Military Tribunals show only too well the hapless lot of the slave laborer under his German master. Of those who escaped immediate execution, or who were in German custody, either in the Ghettos or slave labor camps, they always were confronted with imminent death in the form of executions in reprisal for actions of others not apprehended by the Germans. Any act which the Germans denominated as "an act of sabotage" could bring immediate death to persons selected for a reprisal execution. Hundreds of Russian nationals, usually non-combattants were summarily executed on the slightest pretext. In Document Book II-C, page 17 and 18 of the English version, page 18 of the German version, Document NO-2952, already offered in evidence as Prosecution's Exhibit 71 shows that a sub-unit of Einsatzgruppe D, in a report dated 29 July, 1941, from the Russian district of Belzy, reaped a terrible vengeance on Jews. An excerpt from paragraph 5 of this same document, which is a report from Einsatzkommando 10-A stated that the commando appropriately treated the Jewish counsel of elders in Belzy and other Jews totaling 45 for failing to comply with security police directives. It does not require a vivid imagination to deduce what happened to the 45 Jews who were, in the language of the report, appropriately handled. An excerpt from an operational situation report No. 45, dated 7th August, 1941, which is in Document Book II-D, on page 35 of the English, page 57 of the German, and is Document NO-2948, already offered as Prosecution's Exhibit 89, shows that sub-units 10-A, 10-B, and 11 have reported. Einsatzkommando 10-A reports: "On account of riots and attacks against the Wehrmacht, raids were carried out against Jews. In the course of this 97 Jews were shot, and 1756 hostages were taken. Hostages are taken in each new place and they are executed on the slightest pretext.
Nine Jews ware shot in Jampol." quoting further from this same document, Einsatzkommando 11 reports from the Russian town of Kischinow: "Up to now 551 Jews have been liquidated, 151 of whom were liquidated because of participating in sabotage acts, and 400 as reprisals for shooting at a German medical truck, and for setting up signal flares for Red aviators, Jews are confined to the Ghetto, if they have not gone away." on page 43 of the German, Document NOKW-641 is not offered as Prosecution's Exhibit 155. This is a report forwarded by Seidel to Army Obercommando 121, and contains a letter from a SS second Lieutentant which carefully points out that the group under his command carried out executions exactly as ordered by Einsatzgruppe D. These documents constitute the Prosecution's case-in-chief against the defendant Ohlendorf, and all show dates within the time he was in command of Einsatzgruppe D. In support of the allegations as set forth in Count III of this indictment, charging Ohlendorf with membership in the SS and the SD, orgainzations declared to be criminal by the judgment of the International Military Tribunal, the Prosecution offers in Document Book III-D, page 27 of the English, page 48 of the German, Document NO-3146, correction -- Document 3196, as Prosecution's Exhibit 156. This document shows certain excerpts from the SS service record of the defendant Ohlendorf; gives his rank in the SS on page 29 of the English, on page 48 of the German; his membership in the SD on cage 27 of the English, and on page 49 of the German; his party and SS serial numbers on page 30 of the English and on page 51 of the German; and other pertinent information about his life history. Corroborating evidence about these facts concerning his life history and his professional activities is contained in his affidavit of 1 April 1947, which is in Document Book III-D, page 32 of the English, page 46 of the German, and is in paragraph 2 of Document NO-2857. It is now offered as Prosecution's Exhibit 157.
10 in the dock, which is next to the last man on the front row. The defendant Siebert was chief of Ohlendorf's staff for security questions and since he was a senior officer present, he acted as deputy for his chief when that individual was absent. At all times the defendant Siebert had access to the secret files of Einsatzgruppe D. This is shown by the affdavit of Ohlendorf which is in Document Book III-D, Document No. -- sorry, page 1, German, and Document Book page 1; and is Document NO-2856, which was offered as Prosecution's Exhibit 148. As co-defendant and fellow member of the group staff in Einsatzgruppe D, Heinz Schubert considered him in fact to be Ohlendorf's deputy. In Schubert's affidavit, which is in Document Book I, page 108 of the English, page 141 of the German, and is Document NO-3055 already introduced as Prosecution's Exhibit 28, Schubert so states. Seibert, in his own affidavit, says that in certain matters he was a deputy of Ohlendorf, and that one of his main tasks was the writing of the situational and activity reports. Seibert's affidavit is in Document Book III-D, page 34 of the English, page 60 of the German, and is Document NO-2859. This information is contained in paragraphs 1 and 2, and this document is offered now as Prosecution's Exhibit 158. page 65 of the German, which is now offered as Prosecution's Exhibit 159, there is a report, dated 9 October, 1941, made to AOK-11 by this defendant. In this report, Seibert asks for a time to be fised for an oral report on 11 October, the time to be agreed upon with the liaison officer.