In an ordinary trial with a considerably narrower scope it is much easier for a defendant to conduct his defense than here where material of such volume is at hand that even if he had the best of memories, it would be impossible for him to point out to me, his counsel, where and what kind of exonerating material can be found. That simply surpasses the capacity of the human memory, of the human ability to think.
In passing, I would say that probably in all of the armies which fought in this war the responsible men used strong language during meetings and discussions which, had they all gone down in records, would today cause the milder ones to shake their heads. Wrath, impatience, worry, and anguish because of damages sustained frequently lead responsible persons to wild utterances. What counts is not whether such words are uttered but the deeds which come after such excitement dies away.
The prosecution had many long months to prepare its case. We, the defendant and I, received the real documents on the indictment only in January. It is beyond human capacity to examine everything within such a short period of time with the thoroughness which is necessary to assemble the required counter-evidence. The presentation of argument on the part of the defendant must therefore, be full of gaps. It is particularly difficult in this case because within the short time available for preparation it is impossible to study all the problems which are brought to light as a result of the Dachau experiments. This calls for special technical knowledge which a man such as the defendant, who never studied medicine, simply cannot possess. However, as this trial is held simultaneously with the trial on the Dachau experiments,[[73]] the danger exists that the important and exonerating facts brought to light there, through the defendant experts and their well informed counsel, cannot be properly appraised in the present case, and in this way the cause of justice is endangered.
All of this I merely say in order to ask your Honors not to lose sight of these angles in judging this present case. Honorable Judges, please bear that in mind also when examining the documents which I shall submit and, giving ear to that extent to the voice of humanity and of justice, lend your assistance to a man who, cut off for so long and bitter a time from all his information and other aids to support his memory, has been called upon to defend himself before you. If at any time the fundamental principle of penal justice, which exists since the days of the wise Romans, should find application, “In dubio pro reo” (In case of doubt favor the accused), it should find strict application in this case. That is what I wanted to tell you as an introduction.
[70] Opening statement is recorded in mimeographed transcript 27 January 1947. Tr. pp. 494-504.
[71] IMT mimeographed German transcript p. 16614. See also Trial of Major War Criminals, vol. I, p. 332, Nuremberg, 1947.
[72] Ibid., p. 16598. See also Trial of Major War Criminals, vol I, p. 321.
[73] United States vs. Karl Brandt, et al. See vol. I.