Israel Court Rejects Demjanjuk Bid for Acquittal

A three-judge panel hearing the war crimes trial of former Cleveland auto worker John Demjanjuk dismissed a motion for acquittal Monday and gave the defense until July 27 to prepare its presentation.

Before presiding Judge Dov Levin ordered a recess, Demjanjuk, who is accused of being the sadistic Treblinka death camp guard known as “Ivan the Terrible,” confirmed that he will testify in his defense when the proceedings are resumed.

“I of course want to have my say,” Demjanjuk said after Levin warned him that failure to take the stand “can serve to strengthen the case of the prosecution.” Under Israeli court procedure, the accused must be the first defense witness if he chooses to testify.

Demjanjuk, who is accused of operating the gas chambers in which more than 800,000 Jewish men, women and children were killed at Treblinka during World War II, faces the death penalty if found guilty.

Defense attorney Yoram Sheftel entered a “no-case” motion Monday shortly after the prosecution formally completed its argument by introducing some final documents into evidence.

This procedure, used commonly in criminal cases here, amounts to a defense argument that the prosecution has presented insufficient evidence to merit going on with the proceedings. It rarely succeeds, and this was the case Monday.

The judges dismissed Sheftel’s no-case motion without taking the normal step of inviting a prosecution counterargument or retiring for consultation.

After Levin rejected Sheftel’s motion, another defense attorney, Mark O’Connor, requested a one-month recess to prepare the defense.