************************************************************************ Will Zuzak; DEMANUK.027 = OSI Corruption within DOJ; 1996-03-26 ************************************************************************ Dear readers: Over the past several weeks, I have noted the following people posting DISINFORMATION concerning the John Demjanjuk case on various newsgroups: E.H. Agustsson [[email protected]] larxpur [[email protected]] Mark van Alstine [[email protected]] Charles Power [[email protected]] William Anderson [[email protected]] Mike Ross [[email protected]] Jaun Rodriguez [[email protected]] Dan Spiegel [[email protected]] Danny Keren [[email protected]] gera [[email protected]] pgroff [[email protected]] I have no way of knowing if these are professional hate mongers deliberately spreading disinformation to fan the flames of hatred against Mr. Demjanjuk or psychologically disturbed individuals who have become so convinced of Mr. Demjanjuk's guilt that they are incapable of accepting the fact that Mr. Demjanjuk is innocent. Whatever their proper categorization, I feel that it would be pointless and counterproductive to respond specifically to their allegations. They (and the reader) are referred to the Demjanjuk files (presently)archived at http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/demjanjukfiles.html which summarizes much of the information concerning the Demjanjuk case. Nevertheless, I do wish to make the following observations: (1) By definition, Mr. Demjanjuk is (and will remain) innocent of all war crimes charges, unless (and until) he is found guilty of some specific charge in a criminal court of law before a jury of 12 of his peers. (2) To my knowledge, no credible evidence exists indicating that Mr. Demjanjuk is guilty of any war crimes whatsoever. None of the KGB-supplied evidence will stand up in a criminal court of law. (3) The Jerusalem Lower Court did, indeed, convict and sentence Mr. Demjanjuk to hang in the spring of 1988 in a classic show trial orchestrated by judges Levin, Dorner and Tal. Their written verdict is a complete misrepresentation of the testimony of the witnesses as recorded in the transcripts. Yoram Sheftel, "The Demjanjuk Affair: The Rise and Fall of a Show-Trial" accurately describes the shameful conduct of the court. (4) It is now perfectly obvious that the eyewitnesses (Eliyahu Rosenberg, Gustav Boraks, Pinchas Epstein, Czarny, Chil Rajchman), who identified Mr. Demjanjuk as being in Treblinka either deliberately lied or were appropriately conditioned by inappropriate identification procedures as so well described by Willem Wagenaar in his book, "Identifying Ivan". (see http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.017 ) (and http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.003 ) Similarly, in his original interview with OSI agents, Otto Horn did not identify Mr. Demjanjuk and stated that he had never seen "Ivan beating, shooting or otherwise abusing any Treblinka prisoner". ( see http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.006 and also DEMANUK.011) (5) The famous author/historian Nikolai Tolstoy testified on behalf of Mr. Demjanjuk on Nov. 2 to 5, 1987 (pages T8904 - T9448 of the English language transcripts). He stated that Mr. Demjanjuk's contention that he was digging peat moss in Chelm, Poland during 1942-43 was possible and reasonable under the circumstances of WW2. He became so incensed with the character assassination and blatant bias that he refused to testify further unless he received an apology. In urging the prosecution to curtail cross-examination of Count Tolstoy, judge Levin was prompted to state: "For the fewer days we have to keep this witness here in Israel better for everyone concerned for a variety of reasons." [T9384] (6) The maiden name of Mr. Demjanjuk's mother was Juliana Nikonievna Tabachuk. (7) By no stretch of the imagination can prosecutor Michael Shaked be credited with uncovering new Soviet evidence exonerating Mr. Demjanjuk. The evidence associated with the Fedorenko trial in Simferopil was uncovered by the defense (particularly Jaroslav Dobrowolski) as explained on pages 296 - 308 of Yoram Sheftel's book. Indeed, the files were being examined by Ukrainian authorities in Kyiv when they were suddenly transferred to Moscow (after Sheftel informed Shaked of their existence). Shaked made a secret trip to Moscow to confirm their existence and corroborate the evidence. (Once again the infamous KGB - OSI - Israeli connection.) (8) The Israeli Supreme Court had little choice but to acquit Mr. Demjanjuk on July 29, 1993. Just a month previously, Thomas Wiseman had documented the prosecutorial misconduct of the OSI. His report clearly indicated that Mr. Demjanjuk had been wrongfully accused of being Ivan of Treblinka even when the OSI knew that he was innocent. Several major U.S. TV networks had highlighted stories indicating that Marchenko was the real Ivan. The Semitimes ran a full issue proving that the Trawniki ID card was a fake. The whole world was convinced that Mr. Demjanjuk had been railroaded. And the Supreme Court of Israel ruled that Mr. Demjanjuk should not be prosecuted on other war crime charges, because another trial would have further revealed the criminal misconduct of both the Israeli and the American justice systems. Sadly, the Supreme Court of Israel compromised itself forever in the annals of history by attempting to justify the shameful show trial orchestrated by Levin, Dorner and Tal which had originally condemned Mr. Demjanjuk to death. This act places Israeli justice on the same level as the infamous Soviet show trials of the 1930s which condemned people like Zinoviev, Kamenev, Radek, Bukharin to death. (9) This brings us full circle back to the the Office of Special Investigations (OSI) of the U.S. Department of Justice (DOJ), which remains guilty of "prosecutorial misconduct constituting fraud on the court" in obtaining the denaturalization and extradition of Mr. Demjanjuk. Over the years, I have been extremely critical of the OSI. (See, http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.004 ) Although the OSI is division of the DOJ, it has nothing to do with justice at all. On criminal issues, justice can only be meted out in a criminal court of law by a jury of 12 of the accused's peers (under rigorous rules of evidence). The OSI does not even attempt to utilize this process. Instead, although it accuses its victim publicly of criminal acts, it utilizes civil proceedings (under lax rules of evidence) to try to prove its victim is guilty of some technicality on his immigration papers and then attempts to denaturalize and deport him. It is high time that the OSI be investigated and disbanded. (10) To conclude, I would like to refer Demjanjuk hate mongers to http://meltingpot.fortunecity.com/pakistan/83/demjanjuk/DEMANUK.007 which is my 16 August 1992 letter to the International Association of Jewish Lawyers and Jurists in response to their crude attempt to dissuade the Sixth Circuit Court from re-opening the Demjanjuk case. If these people are truly interested in justice, they would be at the forefront in demanding that the criminals within the OSI be brought to justice. ************************************************************************ Will Zuzak; DEMANUK.027 = OSI Corruption within DOJ; 1996-03-26 ************************************************************************