Q. Which motions were made by the defense counsel?
A. I would like to say with certainty that one of the defense counsel, without being able to tell who it was, made an attempt in the direction of a lenient sentence, and he was trying to combat its evaluation as a serious case, but there was no doubt left about the basic facts in the case. That is the way I remember the case, and it must have been like that; and that was also manifest by the calm deliberations where no points of argument came in existence.
Q. Was any one of the associate judges of a different opinion concerning the extent of punishment? Did any one of them vote against the death penalty, for instance?
A. The core of the question from the very beginning was the following.
Presiding Judge Brand: Let me ask you a question. Did all of the judges vote for the death penalty? Answer yes or no.
Defendant Rothaug: Yes, absolutely.
Presiding Judge Brand: Next question.
Dr. Koessl: At that time, among the jurists around you—but those who were not in direct contact with the case—were there any discussions about that sentence?
Defendant Rothaug: In no way at all. That sentence was never criticized in any way or considered doubtful by jurists who were not connected with the case which would normally be possible.
EXTRACTS FROM THE TESTIMONY OF DEFENDANT ROTHENBERGER[422]