The defendant Fischer participated in these experiments until at least 23 February 1943. On that date he carried out a second operation on Zofia Baj. (NO-871, Pros. Ex. 227.)

The most disgusting series of operations were those carried out in August 1943 in the bunker. The Polish girls selected had revolted and refused to report to the hospital. The barrack block in which they had barricaded themselves was then surrounded by male guards who carried these women off forcibly to the camp prison, known as the Bunker, where they were held down by these male guards and forcibly anaesthetized without any pre-operative care, and with their bodies still in a filthy condition from walking around the camp. The experimental subject Piasecka stated in her affidavit as follows:

“I resisted and hit Trommer in the face and called him a bandit. He called some SS male guards who threw me on the floor and held me down while ether was poured over my face. There was no mask. I fought and resisted until I lost consciousness. I was completely dressed and my legs were filthy dirty from walking in the camp. As far as I know my legs were not washed. I saw my sister during this time unconscious on a stretcher, vomiting mucous.” (NO-864, Pros. Ex. 229)

Piasecka stated that this operation was carried out by Dr. Villmann who was an assistant doctor at Hohenlychen. A few weeks later two other assistant doctors to Gebhardt came and operated on her right leg. (NO-864, Pros. Ex. 229.)

In his testimony Gebhardt attempted to disassociate himself from these experiments. He admitted however that he received information from Stumpfegger about the experiments. (Tr. pp. 4082, 4087-9.) Stumpfegger was a former assistant of Gebhardt’s and he stayed at Hohenlychen during the course of these experiments. Fischer assisted Stumpfegger and Gebhardt. (Tr. pp. 4230, 4090.) It is further established by Fischer’s own affidavit that the plan for the experiments was worked out with the knowledge and approval of Gebhardt.

c. Selection from the Argumentation of the Defense

EXTRACT FROM THE FINAL PLEA FOR DEFENDANT GEBHARDT[[43]]

The Experiments Concerning Bone, Muscle, and Nerve Regeneration and Bone Grafting

The defendant Gebhardt is also charged in the indictment with particular responsibility in the experiments, whose object according to the indictment was the examination of the conditions under which the regeneration of bones, muscles, and nerves resulted, and under what conditions the grafting of bones was possible.

With regard to the general reasons why there can be no question of guilt, I refer to the statements I have already made in connection with the sulfanilamide experiments. These experiments, too, were occasioned by conditions of war and were to open up new ways of treating seriously wounded persons.