Sunday, August 16, 2026

Fred Wilkerson

 


Fred Wilkerson was murdered in 1987, and his remains were discovered in a well nearly two decades later, leading to the conviction of his ex-lover, Connie Quedens, for the crime. The case was reopened by investigator Clay Bryant, who uncovered crucial evidence that had been overlooked.


Overview of Fred Wilkerson's Case


Fred Wilkerson was a 49-year-old truck driver who disappeared in November 1987. He was last seen on Thanksgiving night. His car was discovered a month later in the parking lot of the Atlanta airport, containing two uncashed checks.


Discovery of Remains


Year of Discovery: Fred's remains were found in 2003.


Location: The remains were located in a well on property owned by his ex-girlfriend, Connie Quedens.


Evidence Found: The remains were wrapped in carpeting with burn marks, along with a corroded pipe and a hacksaw blade. Personal items, including dentures and lip balm, were also recovered.


Legal Proceedings


Conviction of Connie Quedens


Charges: Connie Quedens was convicted of malice murder and possession of a firearm during the commission of a crime.


Key Evidence: Testimonies from Wilkerson's children linked the remains to their father, confirming he wore similar pants and used the same brand of lip balm found with the remains.


Investigation: The case was reopened by investigator Clay Bryant, who identified critical evidence that had been previously overlooked.


Timeline of Events


Date Event

November 1987 Fred Wilkerson disappears

December 1987 His car is found at Atlanta airport

2003 Remains discovered in Connie Quedens' well

Conviction Date Connie Quedens found guilty


Fred Wilkerson's case highlights the importance of thorough investigations and the potential for justice even years after a crime has occurred.


Fred Wilkerson vanished on Thanksgiving night in 1987, and his car was later found at the Atlanta airport with uncashed checks inside. His remains were discovered years later in a well owned by his ex-girlfriend, Connie Quedens, who was subsequently convicted of his murder.


Clay Bryant reopened the Fred Wilkerson case nearly two decades later by diving into previously overlooked evidence, which ultimately led to the discovery of Wilkerson's remains. This renewed investigation was sparked by a remarkable set of circumstances that allowed him to breathe new life into the cold case.


Connie Quedens was convicted of malice murder and possession of a firearm during the commission of a crime, and the Georgia Supreme Court affirmed the judgment with no reversible error. Her conviction rested on skeletal remains found in a well on her property, matching Fred Wilkerson's belongings and DNA.

Shannon Siders

 



Shannon Siders was an 18-year-old who went missing on July 17, 1989, and was later found murdered in the Manistee National Forest. Her case remained unsolved for many years until the convictions of Matthew and Paul Jones in 2015, who were found guilty of her murder. Shannon's death was ruled a homicide, and she had been sexually assaulted and beaten before her death.


Overview of Shannon Siders' Case


Shannon Siders was an 18-year-old girl who went missing on July 17, 1989. Her body was discovered months later in the Manistee National Forest, leading to a long and complex investigation into her murder.


Key Details


Date of Disappearance: July 17, 1989


Age at Disappearance: 18 years old


Location of Body Discovery: Manistee National Forest


Cause of Death: Ruled a homicide; she had been sexually assaulted and beaten.


Convictions


In 2015, after years of investigation, brothers Matthew and Paul Jones were convicted of Shannon's murder.


Conviction Details


Name Conviction Type Sentence

Matthew Jones First-degree murder Life without parole

Paul Jones Second-degree murder 30 to 75 years


Recent Developments


In December 2021, a key witness recanted his testimony, claiming it was coerced by law enforcement. This has raised questions about the integrity of the original trial and the possibility of a new trial for the Jones brothers. The witness, Dean Robinson, stated that his previous statements implicating the brothers were false.


Implications of Recantation


Witness Statement: Dean Robinson admitted to lying under oath.


Potential for New Trial: The recantation could lead to a reexamination of the case and possibly a new trial for the Jones brothers.


This case highlights the complexities of cold cases and the importance of witness credibility in securing convictions.


Shannon Siders, an 18-year-old, was last seen on July 17, 1989, after going out with friends. Her body was discovered months later in the Manistee National Forest, and her death was ruled a homicide, indicating she had been sexually assaulted and beaten before being killed. She was reported missing by her father when she failed to return home that night.


The convictions of Matthew and Paul Jones for the murder of Shannon Siders brought long-awaited justice for her family and the community, resolving a cold case that had remained unsolved for 26 years. This outcome also highlighted the effectiveness of cold case teams in pursuing justice for victims of unsolved crimes.


Cold cases like Shannon Siders' murder often face challenges such as fading or lost physical evidence, difficulty locating or corroborating witnesses over time, and conflicting or unreliable statements from people involved.

Edward Edwards

 



Edward Wayne Edwards (born Charles Wayne Murray; June 14, 1933 – April 7, 2011) was an American serial killer, rapist, prison escapee, and fugitive. After committing a series of gas station holdups in the 1950s and early 1960s, he was put on the FBI's Ten Most Wanted Fugitives list, leading to his capture in 1962. After his release from prison on parole in 1967, Edwards murdered at least five people between 1977 and 1996 in Ohio and Wisconsin. He was apprehended for these crimes in 2009 and died in 2011.


Background


Edwards was born in Akron, Ohio, in 1933. In his autobiography Edwards wrote that he grew up in an orphanage, and that he was abused both physically and emotionally by nuns there.


Edwards was allowed out of juvenile detention to join the U.S. Marines, but he eventually went AWOL and was dishonorably discharged. He traveled frequently during his 20s and 30s, working as a ship docker, vacuum cleaner retailer, and handyman, among other assorted jobs.


In 1955, Edwards escaped from a jail in Akron and drifted around the country robbing gas stations. He wrote that he never disguised himself during these crimes because he wanted to be famous. After spending several years as a fugitive, he was placed on the FBI's 10 Most Wanted list in 1961 following a 1960 escape from a Portland, Oregon, jail, where he had been held on suspicion of impersonating a Federal Officer. After his 1962 capture, he was imprisoned in USP Leavenworth, from which he was paroled in 1967. Edwards claimed that the influence of a benevolent guard at Leavenworth reformed him. He married and became a motivational speaker.


Edwards appeared on two television shows, To Tell the Truth (1972) and What's My Line? He wrote an autobiography, The Metamorphosis of a Criminal: The True Life Story of Ed Edwards, in 1972. By 1982 he had returned to crime, and was imprisoned in Pennsylvania for two years for arson.


Between 1974 and 2009, when not incarcerated, Edwards lived in more than a dozen different states using many false names, according to his daughter April.


In a 1993 letter to the FBI found in his papers, Edwards requested his criminal and history records for cities in 19 states, claimed that J. Edgar Hoover "more or less gave me permission to proceed" with his 1972 autobiography "after I assured him there was nothing in it bad about the FBI" and he was writing a new book about criminals he met while incarcerated, such as Tony Provenzano, Charles Manson and Jimmy Hoffa.


Known murders


The first murders for which Edwards was convicted took place in Ohio in 1977. William Joseph "Billy" Lavaco, 21, of Doylestown, Ohio, and his girlfriend Judith Lynn "Judy" Straub, 18, of Sterling, Ohio, had been dating eight months when Straub's car was found in the parking lot of Silver Creek Metro park in Norton, on August 7, 1977, with her purse and shoes inside. Family members gathered in the lot the next day as Norton police, aided by a National Guard helicopter, searched the high weeds. There, they found Lavaco and Straub lying on the ground, shot at point-blank range with a 20-gauge shotgun. Edwards received life sentences for these crimes in 2010.


The second pair of murders, another double homicide, occurred in Concord, Wisconsin, in 1980, when a couple from Jefferson, Wisconsin, Timothy John "Tim" Hack, 19, and Kelly Joye Drew, 20, were stabbed and strangled. These are referred to as the "Sweetheart Murders." Edwards had been questioned at the time, but there was no basis to hold him. Almost 29 years later, his connection to the crime was established by means of DNA testing. Edwards' own child, April Balascio, tipped off police about his possible involvement.


Edwards confessed to the 1996 murder of his foster son, 24-year-old Dannie Boy Edwards in Burton, Ohio. The victim had lived with Edwards and his family for several years. Dannie's original name was Dannie Law Gloeckner. Edwards murdered Gloeckner in a scheme to collect $250,000 insurance money. Dannie Boy, a soldier in the United States Army, was persuaded by Edwards to go AWOL from the Army and taken by him to the woods near his house in Burton, Ohio. There, Edwards shot him twice in the face, killing him, and left his body in a shallow grave, where it was later discovered by a hunter. Edwards was sentenced to death for this crime in March 2011. He died in prison of natural causes a month later.


Arrest and conviction


In 2009, Edwards was arrested for murder in Louisville, Kentucky. Neighbors described him as pleasant and neighborly. In 2010, he pleaded guilty to the murders of Billy Lavaco and Judith Straub, in Norton, Ohio; and Tim Hack and Kelly Drew, in Concord, Wisconsin.


Soon after, in a jailhouse interview, Edwards confessed to killing his foster son, Dannie Law Gloeckner, 25. In 2011, he was sentenced to death for that killing.


Death


Edwards was found dead in his jail cell at the Corrections Medical Center in Columbus, Ohio, on April 7, 2011. His death was believed to be from natural causes.


Other possible murders


According to Phil Stanford in his book The Peyton-Allan Files, Edwards may have been responsible for the murders of Beverly Allan and Larry Peyton in Portland, Oregon, in 1960. Two men were arrested and imprisoned for these murders, but released from prison early. Authorities maintain that the correct persons were prosecuted.


In March 2017, Detective Chad Garcia of the Jefferson County Sheriff's Office who was in charge of the "Sweetheart Murders" case described how the murders of Hack and Drew were solved following a tip off from Edwards' daughter. Garcia said he was "pretty confident" there are at least five to seven more murders Edwards committed and "who knows beyond that." He gave a list of 15 confirmed and suspected victims, adding that he was less sure Edwards was involved in the Zodiac killings.


Retired homicide detective John Cameron speculated that Edwards was responsible for several high-profile cases, including the Zodiac killings in the Bay Area of California and the murder of JonBenét Ramsey. However, his claims have proven highly controversial.


In media


In October 1972, Edwards appeared on the television game show To Tell The Truth, claiming to be reformed and denying having committed any murders.


A former police detective and cold case investigator, J.A. Cameron published a true crime book It's Me – Edward Wayne Edwards, the serial killer you never heard of, in 2014, claiming that along with other murders Edwards hadn't confessed to, that Edwards was the Zodiac Killer. The book and Cameron's claims were "met with almost universal disdain, especially from law enforcement".


In 2017, A&E broadcast a Cold Case Files episode describing the murders of Tim Hack and Kelly Drew. The name of the episode is "Sweethearts, Silenced".


In 2018 Investigation Discovery broadcast the People Magazine Investigates episode titled My Father, the Serial Killer which tells the story of how Edwards' daughter realized her father had committed the so-called "Sweetheart Murders" and tipped off authorities, leading to his arrest and conviction. The daughter told People that Edwards had a dark side, verbally and physically abusing her mother Kay, and making the children watch videos about the Zodiac Killer while screaming, "that's not how it happened!" In the episode she affirmed that she thought her father was also the Zodiac Killer.


In April 2018, A&E aired a six part series, It Was Him: The many murders of Ed Edwards. According to an article in Rolling Stone by Amelia Mcdonell-Parry, Larry Harnish, who had also researched the Black Dahlia case, ridiculed Cameron's use of a website which Cameron believes was authored by Edwards; Cameron's efforts to reach out to Kathleen Zellner, attorney for Steven Avery, were unsuccessful, but in an e mail Zellner doubted that Edwards could have murdered Teresa Halbach, while citing no evidence which definitively excluded him; Mcdonell-Parry claimed that Cameron embellished his theories in the A&E documentary, citing a lack of evidence that the Zodiac Killer's hood was made of leather, but also noted that Detective Chad Garcia agreed that Edwards had committed more than the five murders for which he was convicted.


He features in a 2019 true crime podcast called The Clearing. The podcast story starts with the moment Edwards' daughter April Balascio realises her father might be involved in the 'Sweetheart Murders' and includes what came after, as well as delves into Edwards' past by way of Balascio's memories.

Tina Faelz

 



Tina Faelz was a 14-year-old Pleasanton, California, student who was murdered on April 5, 1984, while walking home from Foothill High School. Her case was solved decades later when DNA evidence linked Steve Carlson, who was 16 at the time, to the crime.


Overview of Tina Faelz's Case


Tina Faelz was a 14-year-old student from Pleasanton, California, who was tragically murdered on April 5, 1984. She was walking home from Foothill High School when she was attacked.


Details of the Incident


Date of Murder: April 5, 1984


Location: Near a drainage tunnel along Lemonwood Way, Pleasanton


Circumstances: Tina was walking home alone, having skipped detention to avoid bullying from classmates. She was found with 44 stab wounds.


The Perpetrator


Steve Carlson, who was 16 at the time of the murder, was identified as the suspect. He was initially a person of interest but was not charged until DNA evidence linked him to the crime decades later.


Key Facts about Steve Carlson


Age at Crime: 16 years old


Conviction: Convicted of first-degree murder in 2014, later reduced to second-degree murder in 2017.


Confession: Carlson confessed to the murder in letters written to the parole board and the victim's family, expressing remorse for his actions.


Impact and Legacy


Tina's murder had a lasting impact on the community. A memorial plaque and a lilac tree were planted at Foothill High School in her honor. The case remained unsolved for many years until advancements in DNA technology allowed law enforcement to link Carlson to the crime.

USS Indianapolis (CL/CA-35)

 


USS Indianapolis (CL/CA-35) was a Portland-class heavy cruiser of the United States Navy, named for the city of Indianapolis, Indiana. Launched in 1931, she was the flagship of the commander of Scouting Force 1 for eight years, then flagship for Admiral Raymond Spruance from 1943 to 1945 while he commanded the Fifth Fleet in battles across the Central Pacific during World War II.


In July 1945, Indianapolis completed a top-secret high-speed trip to deliver uranium and other components for "Little Boy", the first nuclear weapon used in combat, to the Tinian Naval Base, and subsequently departed for the Philippines on training duty. At 0015 on 30 July, the ship was torpedoed by the Imperial Japanese Navy submarine I-58, and sank in 12 minutes.


Of 1,195 crewmen aboard, about 300 went down with the ship. The remaining 890 faced exposure, dehydration, saltwater poisoning, and shark attacks while stranded in the open ocean, with few lifeboats and almost no food or water.


The Navy learned of the sinking four days later, when survivors were spotted by the crew of a PV-1 Ventura on routine patrol. A U.S. Navy PBY flying boat crew landed to save those in the water. Only 316 survived. No U.S. warship sunk at sea has lost more sailors.


On 19 August 2017, a search team financed by Microsoft co-founder Paul Allen located the wreckage in the Philippine Sea at a depth of about 18,000 ft (5,500 m). On 20 December 2018, the crew of Indianapolis was collectively awarded a Congressional Gold Medal.


Construction


Indianapolis was the second of two ships in the Portland class, the third class of "treaty cruisers" constructed by the United States Navy following the Washington Naval Treaty of 1922, after the two vessels of the Pensacola class, ordered in 1926, and the six of the Northampton class, ordered in 1927. Ordered for the U.S. Navy in fiscal year 1930, Indianapolis was originally designated as a light cruiser because of her thin armor and given the hull classification symbol CL-35. She was reclassified a heavy cruiser, because of her 8-inch (203 mm) guns, with the symbol CA-35 on 1 July 1931, in accordance with the London Naval Treaty.


The Portland-class cruisers were designed for a standard displacement of 10,258 long tons (10,423 t), and a full-load displacement of 12,755 long tons (12,960 t). But Indianapolis did not reach this weight, displacing 9,950 long tons (10,110 t). The ship had two distinctive raked funnels, a tripod foremast, and a small tower and pole mast aft. In 1943, light tripods were added forward of the second funnel on each ship, and a prominent naval director was installed aft.


The ship had four propeller shafts and four Parsons GT geared turbines and eight White-Forster boilers. The 107,000 shp (80,000 kW) gave a design speed of 32.7 kn (60.6 km/h; 37.6 mph). She was designed for a range of 10,000 nmi (19,000 km; 12,000 mi) at 15 kn (28 km/h; 17 mph). She rolled badly until fitted with a bilge keel.


The cruiser had nine 8-inch/55-caliber Mark 9 guns in three triple mounts, a superfiring pair fore and one aft. For anti-aircraft defense, she had eight 5-inch/25-caliber guns and two QF 3-pounder Hotchkiss guns. In 1945, she received twenty-four 40 mm (1.57 in) Bofors guns, arrayed in six quad mounts. Both ships were upgraded with nineteen 20 mm (0.79 in) Oerlikon cannons. The ship did not have torpedo tubes.


The Portland-class cruisers originally had 1-inch (25 mm) armor for deck and side protection, but in construction they were given belt armor between 3.25 in (83 mm) and 5 in (130 mm) (around the magazines) in thickness. Armor on the bulkheads was between 2 in (51 mm) and 5.75 in (146 mm); that on the deck was 2.5 in (64 mm), the barbettes 1.5 in (38 mm), the gun turrets 2.5 in, and the conning tower 1.25 in (32 mm).


Portland-class cruisers were outfitted as fleet flagships, with space for a flag officer and his staff. The class also had two aircraft catapults amidships. They could carry four aircraft. The total crew varied, with a regular designed complement of 807 and a wartime complement of 952, which could increase to 1,229 when the cruiser was a fleet flagship.


Indianapolis was laid down by New York Shipbuilding Corporation on 31 March 1930. The hull and machinery were provided by the builder. Indianapolis was launched on 7 November 1931, and commissioned on 15 November 1932. She was the second ship named for the city of Indianapolis, following the cargo ship of the same name in 1918. She was sponsored by Lucy M. Taggart, daughter of former Mayor of Indianapolis Thomas Taggart.


Interwar period


Indianapolis in 1939


Under Captain John M. Smeallie, Indianapolis undertook her shakedown cruise through the Atlantic and into Guantánamo Bay, until 23 February 1932. Indianapolis then transited the Panama Canal for training off the Chilean coast. After overhaul at the Philadelphia Naval Shipyard, she sailed to Maine to embark President Franklin D. Roosevelt at Campobello Island, New Brunswick, on 1 July 1933. Getting underway the same day, Indianapolis arrived at Annapolis, Maryland, on 3 July. She hosted six members of the Cabinet, along with Roosevelt, during her stay there. After disembarking Roosevelt, she departed Annapolis on 4 July, and steamed for Philadelphia Navy Yard.


On 6 September, she embarked United States Secretary of the Navy Claude A. Swanson, for an inspection of the Navy in the Pacific. Indianapolis toured the Canal Zone, Hawaii, and installations in San Pedro and San Diego. Swanson disembarked on 27 October. On 1 November 1933, she became the flagship of Scouting Fleet 1, and maneuvered with the force off Long Beach, California. She departed on 9 April 1934, and arrived at New York City, embarking Roosevelt for a second time, for a naval review. She returned to Long Beach on 9 November 1934 for more training with the Scouting Force. She remained flagship of Scouting Force 1 until 1941. On 18 November 1936, she embarked Roosevelt for a third time at Charleston, South Carolina, and conducted a goodwill cruise to South America with him. She visited Rio de Janeiro, Brazil, Buenos Aires, Argentina, and Montevideo, Uruguay, for state visits before returning to Charleston and disembarking Roosevelt's party on 15 December. President Roosevelt underwent his crossing the line ceremony during this cruise on 26 November: an "intensive initiation lasting two days, but we have all survived and are now full-fledged Shellbacks".


World War II


On 7 December 1941, Indianapolis, leading Task Force 3, (Indianapolis and destroyer-minesweepers Dorsey, Elliot, and Lamberton from MineDiv 6, and Southard and Long from MineDiv 5) was conducting a mock bombardment at Johnston Atoll during the Japanese attack on Pearl Harbor. Indianapolis was absorbed into Task Force 12 and searched for the Japanese aircraft carriers responsible for the attack, though the force did not locate them. She returned to Pearl Harbor on 13 December and joined Task Force 11.


New Guinea campaign


With the task force, she steamed to the South Pacific, to 350 mi (560 km) south of Rabaul, New Britain, escorting the aircraft carrier Lexington. Late in the afternoon of 20 February 1942, the American ships were attacked by 18 Japanese aircraft. Of these, 16 were shot down by aircraft from Lexington and the other two were destroyed by anti-aircraft fire from the ships.


On 10 March, the task force, reinforced by another force centered on the carrier Yorktown, attacked Lae and Salamaua, New Guinea, where the Japanese were marshaling amphibious forces. Attacking from the south through the Owen Stanley mountain range, the US air forces surprised and inflicted heavy damage on Japanese warships and transports, losing few aircraft. Indianapolis returned to the Mare Island Naval Shipyard for a refit before escorting a convoy to Australia.


Aleutian Islands campaign


Indianapolis then headed for the North Pacific to support American units in the Battle of the Aleutian Islands. On 7 August, Indianapolis and the task force attacked Kiska Island, a Japanese staging area. Although fog hindered observation, Indianapolis and other ships fired their main guns into the bay. Floatplanes from the cruisers reported Japanese ships sunk in the harbor and damage to shore installations. After 15 minutes, Japanese shore batteries returned fire before being destroyed by the ships' main guns. Japanese submarines approaching the force were depth-charged by American destroyers and Japanese seaplanes made an ineffective bombing attack. In spite of a lack of information on the Japanese forces, the operation was considered a success. US forces later occupied Adak Island, providing a naval base farther from Dutch Harbor on Unalaska Island.


1943 operations


In January 1943, Indianapolis supported a landing and occupation on Amchitka, part of an Allied island hopping strategy in the Aleutian Islands.


On the evening of 19 February, Indianapolis led two destroyers on a patrol southwest of Attu Island, searching for Japanese ships trying to reinforce Kiska and Attu. She intercepted the Japanese 3,100-long-ton (3,150 t) cargo ship, Akagane Maru laden with troops, munitions, and supplies. The cargo ship tried to reply to the radio challenge but was shelled by Indianapolis. Akagane Maru exploded and sank with all hands. Through mid-1943, Indianapolis remained near the Aleutian Islands, escorting American convoys and providing shore bombardments supporting amphibious assaults. In May, the Allies captured Attu, then turned on Kiska, thought to be the final Japanese holdout in the Aleutians. Allied landings there began on 15 August, but the Japanese had already abandoned the Aleutian Islands, unbeknownst to the Allies.


After refitting at Mare Island, Indianapolis moved to Hawaii as flagship of Vice Admiral Raymond A. Spruance, commanding the 5th Fleet. She sortied from Pearl Harbor on 10 November, with the main body of the Southern Attack Force for Operation Galvanic, the invasion of the Gilbert Islands. On 19 November, Indianapolis bombarded Tarawa Atoll, and next day pounded Makin (see Battle of Makin). The ship then returned to Tarawa as fire-support for the landings. Her guns shot down an enemy plane and shelled enemy strongpoints as landing parties fought Japanese defenders in the Battle of Tarawa. She continued this role until the island was secure three days later. The conquest of the Marshall Islands followed victory in the Gilberts. Indianapolis was again 5th Fleet flagship.


1944


The cruiser met other ships of her task force at Tarawa, and on D-Day minus 1, 31 January 1944, she was one of the cruisers that bombarded the islands of Kwajalein Atoll. The shelling continued on D-Day, with Indianapolis suppressing two enemy shore batteries. Next day, she destroyed a blockhouse and other shore installations and supported advancing troops with a creeping barrage. The ship entered Kwajalein Lagoon, on 4 February, and remained until resistance disappeared (see Battle of Kwajalein).


In March and April, Indianapolis, still flagship of the 5th Fleet, attacked the Western Carolines. Carrier planes at the Palau Islands on 30–31 March, sank three destroyers, 17 freighters, five oilers and damaged 17 other ships. Airfields were bombed and surrounding water mined. Yap and Ulithi were struck on 31 March, and Woleai on 1 April. Japanese planes attacked but were driven off without damaging the American ships. Indianapolis shot down her second plane, a torpedo bomber, and the Japanese lost 160 planes, including 46 on the ground. These attacks prevented Japanese forces stationed in the Carolines from interfering with the US landings on New Guinea.


In June, the 5th Fleet was busy with the assault on the Mariana Islands. Raids on Saipan began with carrier-based planes on 11 June, followed by surface bombardment, in which Indianapolis had a major role, from 13 June (see Battle of Saipan). On D-Day, 15 June, Admiral Spruance heard that battleships, carriers, cruisers, and destroyers were headed south to relieve threatened garrisons in the Marianas. Since amphibious operations at Saipan had to be protected, Spruance could not withdraw too far. Consequently, a fast carrier force was sent to meet this threat while another force attacked Japanese air bases on Iwo Jima and Chichi Jima, in the Bonin and Volcano Islands, bases for potential enemy air attacks.


A combined US fleet fought the Japanese on 19 June in the Battle of the Philippine Sea. Japanese carrier planes, which planned to use the airfields of Guam and Tinian to refuel and rearm, were met by carrier planes and the guns of the Allied escorting ships. That day, the U.S. Navy destroyed a reported 426 Japanese planes while losing 29. Indianapolis shot down one torpedo plane. This day of aerial combat became known as the "Great Marianas Turkey Shoot". With Japanese air opposition wiped out, the US carrier planes sank Hiyō, two destroyers, and one tanker and damaged others. Two other carriers, Taihō and Shōkaku, were sunk by submarines.


Indianapolis returned to Saipan on 23 June to resume fire support and six days later moved to Tinian to attack shore installations. Meanwhile, Guam had been taken, and Indianapolis became the first ship to enter Apra Harbor since early in the war. The ship operated in the Marianas for the next few weeks, then moved to the Western Carolines, where further landings were planned. From 12 to 29 September, she bombarded Peleliu, in the Palau Group, before and after the landings. She then sailed to Manus Island, in the Admiralty Islands, where she operated for 10 days before returning to the Mare Island Naval Shipyard in California for refitting.


1945


Overhauled, Indianapolis joined Vice Admiral Marc A. Mitscher's fast carrier task force on 14 February 1945. Two days later, the task force launched an attack on Tokyo to cover the landings on Iwo Jima, scheduled for 19 February. This was the first carrier attack on mainland Japan since the Doolittle Raid. The mission was to destroy Japanese air facilities and other installations in the Home Islands. The fleet achieved complete tactical surprise by approaching the Japanese coast under cover of bad weather. The attacks were pressed home for two days. The U.S. Navy lost 49 carrier planes while claiming 499 enemy planes, a 10-to-1 kill/loss ratio. The task force also sank a carrier, nine coastal ships, a destroyer, two destroyer escorts, and a cargo ship. They destroyed hangars, shops, aircraft installations, factories, and other industrial targets.


Immediately after the strikes, the task force raced to the Bonin Islands to support the landings on Iwo Jima. The ship remained there until 1 March, protecting the invasion ships and bombarding targets in support of the landings. Indianapolis returned to VADM Mitscher's task force in time to strike Tokyo, again on 25 February, and Hachijō, off the southern coast of Honshū, the following day. Although weather was extremely bad, the American force destroyed 158 planes and sank five small ships while pounding ground installations and destroying trains.


The next target for the US forces was Okinawa, in the Ryukyu Islands, which were in range of aircraft from the Japanese mainland. The fast carrier force was tasked with attacking airfields in southern Japan until they were incapable of launching effective airborne opposition to the impending invasion. The fast carrier force departed for Japan from Ulithi on 14 March. On 18 March, she launched an attack from a position 100 mi (160 km) southeast of the island of Kyūshū. The attack targeted airfields on Kyūshū, as well as ships of the Japanese fleet in the harbors of Kobe and Kure, on southern Honshū. The Japanese located the American task force on 21 March, sending 48 planes to attack the ships. Twenty-four fighters from the task force intercepted and shot down all the Japanese aircraft.


Indianapolis was assigned to Task Force 54 (TF 54) for the invasion of Okinawa. When TF 54 began pre-invasion bombardment of Okinawa on 24 March, Indianapolis spent seven days pouring 8-inch shells into the beach defenses. During this time, enemy aircraft repeatedly attacked the American ships. Indianapolis shot down six planes and damaged two others. On 31 March, the day before the Tenth Army (combined U.S. Army and U.S. Marine Corps) started its assault landings, the Indianapolis lookouts spotted a Japanese Nakajima Ki-43 "Oscar" fighter as it emerged from the morning twilight and dived vertically towards the bridge. The ship's 20 mm guns opened fire, but within 15 seconds the plane was over the ship. Tracers converged on it, causing it to swerve, but the pilot managed to release his bomb from a height of 25 ft (7.6 m), then crashed his plane into the sea near the port stern. The bomb plummeted through the deck, into the crew's mess hall, down through the berthing compartment, and through the fuel tanks before crashing through the keel and exploding in the water underneath. The concussion blew two gaping holes in the keel which flooded nearby compartments, killing nine crewmen. The ship's bulkheads prevented any progressive flooding. Indianapolis, settling slightly by the stern and listing to port, steamed to a salvage ship for emergency repairs. Here, inspection revealed that her propeller shafts were damaged, her fuel tanks ruptured, and her water-distilling equipment ruined. Indianapolis then steamed under her own power to the Mare Island Naval Shipyard for repairs.


Transporting the atomic bomb


After major repairs and an overhaul, Indianapolis received orders to undertake a top-secret mission: transporting a "critical shipment" of material for the first atomic bomb to Tinian Island. In its hold was loaded the complete non-nuclear parts for a Little Boy gun-type atomic bomb unit (L-11) and several hundred pounds of scientific instruments and tools. Also on board was the bomb's enriched uranium "projectile", in the form of 38.5-kilogram (85 lb) discs, which were kept inside a lead-lined steel container that was bolted and chained to the floor of Captain McVay's quarters for the duration of the journey. Two representatives of the Manhattan Project, Major Robert R. Furman and Dr. James F. Nolan, accompanied them on the journey incognito. Nolan, the Chief Medical Officer for Project Y, was there to monitor the uranium's radioactivity. Nolan was frequently seasick on the journey, which he used as an excuse to surreptitiously monitor the container.


The Fat Man atomic bomb, used against Nagasaki, was transported by air to Tinian. Other equipment necessary for the atomic bomb mission, including "spare" non-nuclear assemblies, had been previously sent to Tinian on other surface ships. Ships were the preferred method for sending critical materials, when time allowed for it, because the risk of loss was considered smaller than going by air. While not particularly radioactive by itself, the amount of enriched uranium in the shipment was large enough to pose a criticality risk under certain circumstances, such as being submerged in water (which acts as a neutron moderator, decreasing the critical mass).


Indianapolis departed San Francisco's Hunters Point Naval Shipyard on 16 July 1945, within hours of the Trinity test in New Mexico. She set a speed record of 74+1⁄2 hours from San Francisco to Pearl Harbor, an average speed of 29 kn (54 km/h; 33 mph). Arriving at Pearl Harbor on 19 July, she raced on unaccompanied, delivering the atomic bomb components to Tinian on 26 July.


On the same day that Indianapolis offloaded its cargo at Tinian, the remaining 25.6 kilograms (56 lb) of enriched uranium used for the "target" piece of the bomb was divided into three pieces and sent on three different C-54 cargo planes from Albuquerque, New Mexico. By 29 July, all three had arrived at Tinian and the next day the assembly of the L-11 atomic bomb unit began. The weapon, which would be dropped on Hiroshima on the morning of 6 August, would be inscribed with numerous autographs and graffiti by ground crews who loaded it into the plane. One of them read: "Greetings to the Emperor from the men of the Indianapolis". Later General Groves learned that the ship was a "very poor choice" to carry the expensive bomb components, as she had "no underwater sound equipment, and was so designed that a single torpedo was able to sink her quickly".


After its stop at Tinian, Indianapolis then continued on its route to Guam, where a number of the crew who had completed their tours of duty were relieved by other sailors. Leaving Guam on 28 July, she began sailing toward Leyte, where her crew was to receive training before continuing on to Okinawa to join Vice Admiral Jesse B. Oldendorf's Task Force 95.


Sinking


At 00:15 on 30 July 1945, Indianapolis was struck on her starboard side by two Type 95 torpedoes, one in the bow and one amidships, from the Japanese submarine I-58, captained by Commander Mochitsura Hashimoto, who initially thought he had spotted the New Mexico-class battleship Idaho. The explosions caused massive damage. Indianapolis took on a heavy list (the ship had a great deal of armament and gun-firing directors added as the war went on, and was therefore top-heavy) and settled by the bow. Twelve minutes later, she rolled completely over, then her stern rose into the air and she sank. Some 300 of the 1,195 crewmen aboard went down with the ship. With few lifeboats and many without life jackets, the remainder of the crew was set adrift.


Rescue


Navy command did not know of the ship's sinking until survivors were spotted in the open ocean three and a half days later. At 11:25 on 2 August, a PV-1 Ventura flown by Lieutenant Wilbur "Chuck" Gwinn and his copilot, Lieutenant Warren Colwell, and a crew of three other men spotted the men adrift while on a routine patrol flight. Gwinn reported his findings of up to 150 men back to his base at Peleliu. He immediately dropped a life raft, other life-saving equipment and radio transmitter. All air and surface units capable of rescue operations were dispatched to the scene at once.


First to arrive was Gwinn's commanding officer, Lieutenant Richard Atteberry. He and his PV-1 crew relieved Gwinn's crew, ordering them to return to base because of very low fuel. Atteberry continued to circle the area and guided the arrival on scene by an amphibious PBY-5A Catalina patrol plane flown by Lieutenant Commander (USN) Robert Adrian Marks. Marks and his flight crew spotted the survivors and dropped life rafts; one raft was destroyed by the drop while others were too far away from the exhausted crew. Against standing orders not to land in the open ocean, Marks took a vote of his crew and decided to land the aircraft in twelve-foot (3.7 m) swells. He was able to maneuver his craft to pick up 56 survivors. Space in the plane was limited, so Marks had men lashed to the wing with parachute cord. His actions rendered the aircraft unflyable. After nightfall, the destroyer escort USS Cecil J. Doyle, the first of seven rescue ships, used its searchlight as a beacon and instilled hope in those still in the water. Cecil J. Doyle and six other ships picked up the remaining survivors. After the rescue, Marks' plane was sunk by Cecil J. Doyle as it could not be recovered.


Many of the survivors were injured. All suffered from lack of food and water (leading to dehydration and hypernatremia; some found rations, such as Spam and crackers, among the flotsam of Indianapolis), exposure to the elements (dehydration from the hot sun during the day and hypothermia at night, as well as severe desquamation due to continued exposure to saltwater and bunker oil), and shark attacks, while some killed themselves. Other survivors were found in various states of delirium or suffered from hallucinations. Only 316 of the 890 men set adrift after the sinking survived. Two of the rescued survivors, Robert Lee Shipman and Frederick Harrison, died in August 1945.


Hundreds of sharks were apparently drawn to the wreck. After picking off the dead and wounded, they began attacking survivors. The number of deaths attributed to sharks ranges from a few dozen to 150.


Ocean of Fear, a 2007 documentary film that was part of Discovery Channel's Shark Week, states that the sinking of Indianapolis resulted in the most shark attacks on humans in history, attributing the attacks to the oceanic whitetip shark species. Tiger sharks may also have killed some sailors. The same show attributed most of the deaths on Indianapolis to exposure, salt poisoning, and thirst/dehydration, with the dead being dragged off by sharks.


Navy failure to learn of the sinking


The Headquarters of Commander Marianas on Guam and of the Commander Philippine Sea Frontier on Leyte kept Operations plotting boards on which were plotted the positions of all vessels with which the headquarters were concerned. However, it was assumed that ships as large as Indianapolis would reach their destinations on time, unless reported otherwise. Therefore, their positions were based on predictions and not on reports. On 31 July, when she should have arrived at Leyte, Indianapolis was removed from the board in the headquarters of Commander Marianas. She was also recorded as having arrived at Leyte by the headquarters of Commander Philippine Sea Frontier. Lieutenant Stuart B. Gibson, the operations officer under the Port Director, Tacloban, was the officer blamed for not tracking the movements of Indianapolis. The vessel's failure to arrive on schedule was known at once to Gibson, who failed to investigate the matter and made no immediate report of the fact to his superiors. It was common for expected vessels to not arrive, and there was no directive for the port director to report the nonarrival of any ship. Gibson received a letter of reprimand in connection with the incident. The acting commander and operations officer of the Philippine Sea Frontier also received reprimands, while Gibson's immediate superior received a letter of admonition (a less severe military punishment than a reprimand). These letters were later withdrawn.


Survivors of Indianapolis on Guam in August 1945


In the first official statement, the Navy said that distress calls "were keyed by radio operators and possibly were actually transmitted" but that "no evidence has been developed that any distress message from the ship was received by any ship, aircraft or shore station". Declassified records later showed that three stations received the signals but none acted upon the call. One commander was drunk, another had ordered his men not to disturb him, and a third thought it was a Japanese trap.


Immediately prior to the attack, the seas had been moderate, the visibility fluctuating but poor in general, and Indianapolis had been steaming at 17 kn (20 mph; 31 km/h). When the ship failed to reach Leyte on 31 July, as scheduled, no report was made that she was overdue. From lessons learned by the disaster, the Navy created the Movement Report System to prevent such disasters in the future.


Court-martial of Captain McVay


Captain Charles B. McVay III, who had commanded Indianapolis since November 1944 through several battles, survived the sinking, though he was one of the last to abandon ship, and was among those rescued days later. In November 1945, he was court-martialed on two charges: failing to order his men to abandon ship and hazarding the ship. Cleared of the charge of failing to order abandon ship, McVay was convicted of "hazarding his ship by failing to zigzag". Several aspects of the court-martial were controversial. There was evidence that the Navy itself had placed the ship in harm's way. McVay's orders were to "zigzag at his discretion, weather permitting"; however, McVay was not informed that a Japanese submarine was operating in the vicinity of his route from Guam to Leyte. Further, Commander Mochitsura Hashimoto, commanding officer of I-58, wrote in his testimony to Senator John Warner, chairman of the Senate Armed Services Committee, that zigzagging would have made no difference. Fleet Admiral Chester Nimitz remitted McVay's sentence and restored him to active duty. McVay retired in 1949 as a rear admiral.


While many of Indianapolis's survivors said McVay was not to blame for the sinking, the families of some of the men who died thought otherwise: "Merry Christmas! Our family's holiday would be a lot merrier if you hadn't killed my son", read one piece of mail. The guilt that was placed on his shoulders mounted until he killed himself in 1968, aged 70.


McVay's record cleared


In 1996, sixth-grade student Hunter Scott began his research on the sinking of Indianapolis for a class history project. Scott's effort led to an increase in national publicity, which got the attention of retired Congressional lobbyist Michael Monroney, who had been scheduled to be assigned to Indianapolis before she shipped out on her final voyage. Around the same time, Captain William J. Toti, USN, final commanding officer of the fast attack nuclear submarine USS Indianapolis (SSN-697) received an appeal from several Indianapolis survivors to assist with the exoneration effort. Toti then demonstrated through analysis that the tactic of zigzagging would not have spared the Indianapolis from at least one torpedo hit by the I-58. Monroney brought the matter to the attention of his son-in-law, who was on the staff of Senator Bob Smith (R, NH) and was able to get the issue in front of Smith. Smith convinced Senator John Warner (R, VA) to hold hearings on the Senate Armed Services Committee on 14 September 1999, in which several Indianapolis survivors testified. Also called to testify in the hearings were Vice Chief of Naval Operations Admiral Donald Pilling, Director of the Naval History Center Dr. William Dudley, and the Judge Advocate General of the Navy Rear Admiral John Hutson. The hearings were reported to sway Senator Warner into allowing a "Sense of Congress" resolution clearing Captain McVay's name to be passed to full Congress for a vote. In October 2000, the United States Congress passed a resolution that Captain McVay's record should state that "he is exonerated for the loss of Indianapolis". President Bill Clinton also signed the resolution. The resolution noted that, although several hundred ships of the U.S. Navy were lost in combat during World War II, McVay was the only captain to be court-martialed for the loss of his ship due to enemy action in combat. In July 2001, United States Secretary of the Navy Gordon England directed Captain Toti to enter the Congressional language into McVay's official Navy service record, clearing him of all wrongdoing. Scott, the sixth-grade student, later in his life joined the Navy and became a naval aviator, served as the protocol officer for the chairman of the Joint Chiefs of Staff at the Pentagon, and currently holds the rank of commander.


Commanders


Commanders of USS Indianapolis:


Rank Name Date

Captain John M. Smeallie 15 November 1932 – 10 December 1934

Captain William S. McClintic 10 December 1934 – 16 March 1936

Captain Henry Kent Hewitt 16 March 1936 – 5 June 1937

Captain Thomas C. Kinkaid 5 June 1937 – 1 July 1938

Captain John F. Shafroth Jr. 1 July 1938 – 1 October 1941

Captain Edward Hanson 1 October 1941 – 11 July 1942

Captain Morton L. Deyo 11 July 1942 – 12 January 1943

Captain Nicholas Vytlacil 12 January 1943 – 30 July 1943

Captain Einar R. Johnson 30 July 1943 – 18 November 1944

Captain Charles B. McVay III 18 November 1944 – 30 July 1945


Awards


Silver starSilver star

Combat Action Ribbon

American Defense Service Medal with fleet clasp

Asiatic-Pacific Campaign Medal with ten battle stars[50]

American Campaign Medal

World War II Victory Medal


Wreck discovery


The wreck of Indianapolis is in the Philippine Sea. In July–August 2001, an expedition sought to find the wreckage through the use of side-scan sonar and underwater cameras mounted on a remotely operated vehicle. Four Indianapolis survivors accompanied the expedition, which was not successful. In June 2005, a second expedition was mounted to find the wreck. National Geographic covered the story and released it in July. Submersibles were launched to find any sign of wreckage, although they only located pieces of metal that were not proven conclusively to be from the ship.


In July 2016, new information emerged regarding the possible location of Indianapolis when naval records were discovered indicating that the tank landing ship LST-779 recorded passing by Indianapolis 11 hours before the torpedoes struck. This information allowed researchers to determine that Indianapolis had been moving faster and was therefore farther west than previously assumed, as well as slightly off the route taken. Using this information, National Geographic planned to mount an expedition to search for the wreck in the summer of 2017. Reports estimated that Indianapolis was actually 25 miles (40 km) west of the reported sinking position, in water over three miles (4,800 m) deep, and likely on the side of an underwater mountain.


A year after the discovery of the records, the wreck was located by Paul Allen's "USS Indianapolis Project" aboard the research vessel Petrel  on 19 August 2017, at a depth of 18,000 ft (5,500 m). The wreck was revealed to the public on 13 September 2017, in a live TV show on PBS titled "USS Indianapolis, Live from the Deep", starring Miles O'Brien and also including now-retired Captain William Toti. The wreck is well-preserved due to the great depth at which Indianapolis rests, among the rocky mountain ranges of the North Philippine Sea.


In September 2017, a map detailing the wreckage was released. The main part of the wreck lies in an enormous impact crater; her bow, which broke off before the ship sank, lies 1.5 miles (2.4 km) east. The two forward 8-inch gun turrets, which also broke off on the surface and mark the ship's last position on the surface, lie 0.5 miles (0.80 km) east of the main wreck. The bridge, which broke off the ship due to the torpedoes, lies in a debris field near the forward guns. The single 8-inch gun turret on the stern remains in place, though the stern's roof collapsed over itself. Airplane wreckage from the ship lies about 0.6 miles (0.97 km) north of the main part of the wreck.The full exposition of the method by which the wreck was located and documented was released in another PBS documentary on 8 January 2019 titled USS Indianapolis: The Final Chapter.


Reunions


Since 1960, surviving crew members met for reunions in Indianapolis. Fourteen of the thirty-two remaining survivors attended the 70th reunion, held 23–26 July 2015. Held only sporadically at first, then biannually, the reunions were later held annually. By 2015 most of the survivors were in their nineties, voted every year whether to continue. Seven out of twenty remaining survivors attended the 2017 reunion. With the death of Cleatus Lebow on 29 September 2022,[64] there is only one crew member still alive, Harold Bray.


Memorials


USS Indianapolis National Memorial in Indianapolis, Indiana, 2024

The USS Indianapolis Museum had its grand opening on 7 July 2007, with its gallery in the Indiana War Memorial Museum at the Indiana World War Memorial Plaza.


The USS Indianapolis National Memorial was dedicated on 2 August 1995. It is located in Indianapolis, Indiana, in the city's Canal and White River State Park cultural district. The heavy cruiser is depicted in limestone and granite and sits adjacent to the downtown canal. The crewmembers' names are listed on the monument, with special notations for those who died. It was designated a national memorial by Congress in 1993.


In May 2011, the I-465 beltway around Indianapolis was named the USS Indianapolis Memorial Highway.


USS Indianapolis is the name of the Navy's combat training pool, located at RTC Great Lakes. This facility is used during Navy boot camp to test recruit swimming ability, and to instruct recruits who lack those skills. The building was dedicated to those who lost their lives at sea, with the intent of providing training to recruits on how to survive until a rescue is made.


Some material relating to Indianapolis is held by the Indiana State Museum. Her bell and a commissioning pennant were formerly located at Heslar Naval Armory but currently reside at the Indiana War Memorial Museum.


In popular culture


In a scene in the 1975 movie Jaws, one of the main characters, Quint, who is a survivor of Indianapolis, recounts the sinking and shark attacks. This scene brought Indianapolis, and her sinking, into a much wider public spotlight 30 years after the events occurred. The 2019 play The Shark Is Broken, which opened on Broadway in 2023, both explores Robert Shaw (Quint's actor) rewriting the dialogue to the scene, as well as doing a full rendition of the famous scene at the end.


The sinking is the subject of the 1991 made-for-TV film Mission of the Shark: The Saga of the U.S.S. Indianapolis, starring Stacy Keach.


The 2014 novel Shark, by English writer Will Self, is based on the sinking of Indianapolis.


The 2016 film USS Indianapolis: Men of Courage, directed by Mario Van Peebles and starring Nicolas Cage, is based on the sinking.


Notes


While the loss of Indianapolis is the worst-ever loss of life from a single ship sinking at sea for the U.S. Navy, it is not the worst naval disaster for the U.S. Navy nor the United States military as a whole. Earlier in World War II, the battleship USS Arizona and the troopship HMT Rohna were lost with more American lives, but Arizona was in port at Pearl Harbor when sunk and Rohna was primarily carrying United States Army personnel, not U.S. Navy personnel, when it was sunk at sea. The complement of the aircraft carrier USS Franklin would also suffer upwards of 900 killed at sea throughout the war, although Franklin was not sunk. Additionally, the accidental loss of the steamboat Sultana, which exploded on the Mississippi River while carrying Union soldiers in the immediate aftermath of the American Civil War, was the worst maritime disaster in U.S. history. The 1,700 U.S. military prisoners of war from the Philippines (out of a total of 1,773 Allied troops missing and killed) who died on the sunken Japanese hell ship Arisan Maru from a torpedo launched by the submarine USS Shark was the greatest loss of life from a single ship in U.S. military history.

John Demjanjuk

 

John Demjanjuk (born Ivan Mykolaiovych Demjanjuk 3 April 1920 – 17 March 2012) was a Trawniki and guard at Sobibor extermination camp, Majdanek, and Flossenbürg. Demjanjuk became the center of global media attention in the 1980s, when he was tried and convicted in Israel after being identified as "Ivan the Terrible", a notoriously cruel watchman at Treblinka extermination camp. Demjanjuk was sentenced to death by hanging in 1988. In 1993, the verdict was overturned. Shortly before his death, he was tried and convicted in the Federal Republic of Germany as an accessory to the 28,060 murders that occurred during his service at Sobibor.


Born in Soviet Ukraine, Demjanjuk was conscripted into the Red Army in 1940. He fought in World War II and was taken prisoner by the Germans in spring 1942, becoming a Trawniki collaborator. After training, he served at Sobibor extermination camp and at least two concentration camps. After the war, he married a woman he met in a West German displaced persons camp, and emigrated with her and their daughter to the United States. They settled in Seven Hills, Ohio, where he worked in an auto factory and raised three children. Demjanjuk became a US citizen in 1958.


In 1977, Demjanjuk was accused of war crimes. Based on eyewitness testimony by Holocaust survivors in Israel, he was identified as the notorious Ivan the Terrible from Treblinka. Demjanjuk was extradited to Israel in 1986 for trial. In 1988, Demjanjuk was convicted and sentenced to death. He maintained his innocence, claiming that it was a case of mistaken identity. In 1993, the verdict was overturned by the Israeli Supreme Court, based on new evidence that cast reasonable doubt over his identity as Ivan the Terrible. Although the judges agreed there was sufficient evidence to show that Demjanjuk had served at Sobibor, Israel declined to prosecute. In September 1993, Demjanjuk was allowed to return to Ohio. In 1999, US prosecutors again sought to deport Demjanjuk for having been a concentration camp guard, and his citizenship was revoked in 2002. In 2009, Germany requested his extradition for over 27,900 counts of acting as an accessory to murder, one for each person killed at Sobibor when he was alleged to have served there as a guard. He was deported from the US to Germany in that same year. In 2011, he was convicted and sentenced to five years in prison.


According to legal scholar Lawrence Douglas, in spite of serious missteps along the way, the German verdict brought the case "to a worthy and just conclusion". After the conviction, Demjanjuk was released pending appeal. He lived at a German nursing home in Bad Feilnbach, where he died in 2012. Having died before a final judgment on his appeal could be issued, Demjanjuk remains technically innocent under German law. In 2020, a photograph album by Sobibor guard Johann Niemann was made public; some historians have suggested that a guard who appears in two photos may have been Demjanjuk.


Background


Demjanjuk was born in Dubovi Makharyntsi (formerly Kiev Governorate, presently Koziatyn district, Vinnytsia Oblast), a farming village in the western part of Soviet Ukraine. Both of his parents were unable to work, with his father having been wounded during World War I and his mother being affected by chronic illness, due to which Demjanjuk had to drop out of elementary school. His boyhood coincided with the Holodomor famine, due to which Demjanjuk's family moved to a collective farm near Moscow. Both in Dubovi and on the collective farm, he worked as a tractor and truck driver. In 1938, Demjanjuk joined Komsomol, although Demjanjuk claimed during his later trial that he was rejected because he did not own underwear. In 1940, he was drafted into the Red Army. After a battle in eastern Crimea, he was taken prisoner by the Germans and was held in a camp for Soviet prisoners of war in Chełm.


According to German records, Demjanjuk most likely arrived at Trawniki concentration camp to be trained as a camp guard for the Nazis on 13 June 1942. He was assigned to a manorial estate called Okzów on 22 September 1942, but returned to Trawniki on 14 October. He was transferred to Majdanek concentration camp, where he was disciplined on 18 January 1943. He was sent back to Trawniki and on 26 March 1943 he was assigned to Sobibor concentration camp. On 1 October 1943, he was transferred to Flossenbürg, where he served until at least 10 December 1944.


Demjanjuk later claimed to have been drafted into the Russian Liberation Army in 1944; however, an investigation conducted in the 1990s by the US Office of Special Investigations (OSI) found this to be a cover story. OSI was unable to establish Demjanjuk's whereabouts from December 1944 to the end of the war. After the end of the war, Demjanjuk spent time in several displaced persons (DP) camps in Germany. Initially, Demjanjuk hoped to emigrate to Argentina or Canada; however, under the Displaced Persons Act of 1948, he applied to move to the United States. His application stated that he had worked as a driver in the town of Sobibór in eastern Poland; the nearby Sobibor extermination camp was named after the village. Demjanjuk later claimed this was a coincidence, and said that he picked the name Sobibor from an atlas owned by a fellow applicant because it had a large Soviet population. Historian Hans-Jürgen Bömelburg observed in regard to Demjanjuk that Nazi war criminals sometimes tried to evade prosecution after the war by presenting themselves as victims of Nazi persecution rather than as the perpetrators.


Demjanjuk found a job as a driver in a displaced persons camp in the Bavarian city of Landshut, and was subsequently transferred to camps in other southern German cities, until ending up in Feldafing near Munich in May 1951. There he met Vera Kowlowa, another DP, and they married. Demjanjuk, his wife and daughter arrived in New York City aboard the USS General W. G. Haan on 9 February 1952. They moved to Indiana, and later settled in the Cleveland suburb of Seven Hills, Ohio. There he became a United Auto Workers (UAW) diesel engine mechanic at the nearby Ford automobile factory, where a friend from Regensburg had found work. His wife found work at a General Electric facility, and the two had two more children. On 14 November 1958, Demjanjuk became a naturalized citizen of the United States and legally changed his name from Ivan to John.


Loss of US citizenship and extradition to Israel


Investigation by INS and OSI


In 1975, Michael Hanusiak, the American editor of Ukrainian News, presented US Senator Jacob Javits of New York with a list of 70 ethnic Ukrainians living in the United States who were suspected of having collaborated with Germans in World War II; Javits sent the list to US Immigration and Naturalization Service (INS). Its investigation reduced the list to nine individuals, including Demjanjuk. Hanusiak claimed that Soviet newspapers and archives had provided the names during his visit to Kyiv in 1974; however, INS suspected that Hanusiak, a member of the Communist Party USA, had received the list from the KGB. It chose to investigate the names as leads. Hanusiak claimed that Demjanjuk had been a guard at Sobibor concentration and death camp. INS quickly discovered that Demjanjuk had listed his place of domicile from 1937 to 1943 as Sobibor on his US visa application of 1951. This was considered circumstantial corroboration of Hanusiak's claims, but its agents were unable to find witnesses in the US who could identify Demjanjuk.


INS sent photographs to the Israeli government of the nine persons alleged by Hanusiak to have been involved in crimes against Jews: the government's agents asked survivors of Sobibor and Treblinka if they could identify Demjanjuk based on his visa application picture. While none recognized the name Ivan Demjanjuk, and no survivors of Sobibor identified his photograph, nine survivors of Treblinka identified Demjanjuk as "Ivan the Terrible", so named because of his cruelty as a guard operating the gas chamber at Treblinka. Lawyers at the US Office of Special Investigations (OSI) in the Department of Justice valued the identifications made by these survivors, as they had interacted with and seen "Ivan the Terrible" over a protracted period of time. They also gained an additional identification of the visa photo as Demjanjuk by Otto Horn, a former SS guard at Treblinka.


In August 1977, the Justice Department submitted a request to the US District Court for the Northern District of Ohio to revoke Demjanjuk's citizenship, based on his concealment on his 1951 immigration application of having worked at Nazi death camps. While the government was preparing for trial, Hanusiak published pictures of an ID card identifying Demjanjuk as having been a Trawniki man and guard at Sobibor in News from Ukraine. Given that eyewitnesses attested to Demjanjuk having been Ivan the Terrible at Treblinka decades before, whereas documentary evidence seemed to indicate that he had served at Sobibor with little notoriety, OSI considered dropping the proceeding against Demjanjuk to focus on higher profile cases. But OSI's new director Allan Ryan chose to go ahead with the prosecution of Demjanjuk as Ivan the Terrible. In 1979, three guards from Sobibor gave sworn depositions that they knew Demjanjuk to have been a guard there, and two identified his photograph. OSI did not submit these depositions into evidence and took them as a further indication that Demjanjuk was Ivan the Terrible, though none of the guards mentioned Demjanjuk having been at Treblinka.


Deportation and extradition proceedings


The proceeding opened with the prosecution calling historian Earl F. Ziemke, who reconstructed the situation on the Eastern Front in 1942 and showed that it would have been possible for Demjanjuk to have been captured at the Battle of Kerch and arrive in Trawniki that same year. The authenticity of the Trawniki card was affirmed by US government experts who examined the original document as well as by Wolfgang Scheffler of the Free University of Berlin during the hearing, Scheffler also testified to the crimes committed by Trawniki men and that it was possible that Demjanjuk had been moved between Sobibor and Treblinka. Additionally, the former paymaster at Trawniki, Heinrich Schaefer, stated in a deposition that such cards were standard issue at Trawniki. Five Holocaust survivors from Treblinka identified Demjanjuk as having been at Treblinka and having been "Ivan the Terrible". Additionally, OSI submitted the testimony of former SS guard Horn identifying Demjanjuk as having been at Treblinka.


Although Demjanjuk's Trawniki card only documented that he had been at Sobibor, the prosecution argued that he could have shuttled between the camps and that Treblinka had been omitted due to administrative sloppiness. During the trial, Demjanjuk admitted to having lied on his US visa application but claimed that it was out of fear of being returned to the Soviet Union and denied having been a concentration camp guard. Demjanjuk instead claimed to have been a German prisoner who completed forced labor. The defense also submitted the statement of Feodor Fedorenko, a Ukrainian guard at Treblinka, which stated that Fedorenko could not recall having seen Demjanjuk at Treblinka. Demjanjuk's citizenship was revoked in 1981 for having lied about his past, with the judge persuaded especially by the testimony of Otto Horn. In 1982, Demjanjuk was jailed for 10 days after failing to appear for a hearing. Demjanjuk subsequently requested political asylum in the United States rather than deportation. His application for asylum was denied on 31 May 1984.


Demjanjuk's defense was supported by the Ukrainian community and various Eastern European émigré groups; Demjanjuk's supporters alleged that he was the victim of a communist conspiracy and raised over two million dollars for his defense. Much of the money was raised by a Cleveland-based Holocaust denier Jerome Brentar, who also recommended Demjanjuk's lawyer Mark O'Connor. The first day of the denaturalization trial was accompanied by a protest of 150 Ukrainian-Americans who called the trial "a Soviet trial in an American court" and burned a Soviet flag. Demjanjuk also attracted the support of conservative political figures such as Pat Buchanan and Ohio congressman James Traficant. Others, particularly American Jews, were outraged by the presence of Demjanjuk in the United States and vocally supported his deportation. Writer Lawrence Douglas has called the case "the most highly publicized denaturalization proceeding in American history."


In October 1983, Israel issued an extradition request for Demjanjuk to stand trial on Israeli soil under the Nazis and Nazi Collaborators (Punishment) Law of 1950 for crimes allegedly committed at Treblinka. In April 1985, he was detained and held at United States Medical Center for Federal Prisoners in Springfield, Missouri. Demjanjuk appealed his extradition; in a hearing on 8 July 1985, Demjanjuk's defense attorneys claimed that the evidence against him had been manufactured by the KGB, that Demjanjuk was never at Treblinka, and that the court had no authority to consider Israel's request for extradition. The appeals court found probable cause that Demjanjuk "committed murders of uncounted numbers of prisoners" and allowed the extradition to take place. The United States Supreme Court declined to hear Demjanjuk's appeal on 25 February 1986, allowing the extradition to move forward. Demjanjuk was deported to Israel on 28 February 1986.


Trial in Israel


Judges Dov Levin and Dalia Dorner review evidence during the trial, 23 February 1987

Demjanjuk's trial took place in the Jerusalem District Court between 26 November 1986 and 18 April 1988, before a special tribunal comprising Israeli Supreme Court Judge Dov Levin and Jerusalem District Court Judges Zvi Tal and Dalia Dorner. The prosecution conceived of the trial as a didactic trial on the Holocaust in the manner of the earlier trial of Adolf Eichmann. It was the first televised trial in Israeli history. Despite initially attracting minimal attention, once survivor testimony began the trial became a "national obsession" and was followed widely throughout Israel and the United States. On 6 April 1987, John Stolz (or Stoltz), a 65-year-old German SS officer who had worked at a concentration camp in Poland, hanged himself in his basement in Ohio after receiving a letter from the OSI. His son Edwin said he'd been terrified of being put through the same ordeal as Demjanjuk.


Prosecution case


The prosecution team consisted of Israeli State Attorney Yonah Blatman, lead attorney Michael Shaked of the Jerusalem District Attorney's Office, and the attorneys Michael Horovitz and Dennis Gouldman of the International Section of the State Attorney's Office. According to prosecutors, Demjanjuk had been recruited into the Soviet army in 1940, and had fought until he was captured by German troops in eastern Crimea in May 1942. He was then brought to a German prisoner of war camp in Chełm in July 1942. Prosecutors claimed that Demjanjuk volunteered to collaborate with the Germans and was sent to the camp at Trawniki, where he was trained to guard prisoners as part of Operation Reinhard. The principal allegation was that three former prisoners identified Demjanjuk as "Ivan the Terrible" of Treblinka, who operated the petrol engines sending gas to the death chamber. The prosecution alleged that Demjanjuk had listed Sobibor on his US immigration application in an attempt to cover up his presence at Treblinka.


Prosecutors based part of these allegations on an ID card referred to as the "Trawniki card". Because the Soviet Union generally refused to cooperate with the Israeli prosecutions, this ID card was obtained from the USSR and provided to Israel by American industrialist Armand Hammer, a close associate of several Kremlin leaders, whose help had been requested by the personal appeal of Israeli president Shimon Peres. The defense claimed that the card was forged by Soviet authorities to discredit Demjanjuk. The card had Demjanjuk's photograph, which he identified as his picture at the time. The prosecution called expert witnesses to testify on the authenticity of the card including its signatures by various Nazi officers, paper, and ink. The defense used some evidence supplied by the Soviets to support their case while calling other pieces of evidence supplied by the Soviets "forgeries".


The prosecution relied heavily on the testimony of Holocaust survivors to establish that Demjanjuk had been at Treblinka, five of whom were put on the stand. Four of the survivors who had originally identified Demjanjuk's photograph had died before the trial began. The testimony of one of these witnesses, Pinhas Epstein, had been barred as unreliable in US denaturalization trial of former camp guard Feodor Fedorenko, while another, Gustav Boraks, sometimes appeared confused on the stand. The most important of these was Eliyahu Rosenberg. Asked by the prosecution if he recognized Demjanjuk, Rosenberg asked that the defendant remove his glasses "so I can see his eyes". Rosenberg approached and peered closely at Demjanjuk's face. When Demjanjuk smiled and offered his hand, Rosenberg recoiled and shouted "Grozny!", meaning "Terrible" in Polish and Russian. Rosenberg stated: "Ivan, I say it unhesitatingly, without the slightest shadow of a doubt. It is Ivan from Treblinka, from the gas chambers, the man I am looking at now." Rosenberg further told the court, glaring at Demjanjuk, "I saw his eyes, I saw those murderous eyes." Rosenberg then exclaimed directly to Demjanjuk: "How dare you put out your hand, murderer that you are!" It was later learned that Rosenberg had previously testified in a 1947 deposition that "Ivan the Terrible" had been killed in 1943 during a Treblinka prisoner uprising. During the trial, Demjanjuk was again identified on the photo spread by Otto Horn, a former German SS guard at Treblinka.


Other controversial evidence included Demjanjuk's tattoo. Demjanjuk admitted the scar under his armpit was an SS blood group tattoo, which he removed after the war, as did many SS men to avoid summary execution by the Soviets. The blood group tattoo was applied by army medics and used by combat personnel in the Waffen-SS and its foreign volunteers and conscripts because they were likely to need blood or give transfusions. There is no evidence that POWs trained as police auxiliaries at Trawniki were required to receive such tattoos, although it was an option for those that volunteered.


Defense case and Demjanjuk's testimony


Demjanjuk speaking with his attorney Mark O'Connor on 16 February 1987

Demjanjuk was at first represented by attorney Mark J. O'Connor of New York State; Demjanjuk fired him in July 1987 just a week before he was scheduled to testify at his trial. In his place, Demjanjuk hired Israeli trial lawyer Yoram Sheftel [he] whom O'Connor had hired as co-counsel. Sheftel focused the defense largely on the claim that Demjanjuk's Trawniki card was a KGB forgery. Most significantly, Sheftel called Dr. Julius Grant, who had proven that the Hitler diaries were forged. Grant testified that the document had been forged. He also called Dutch psychologist Willem Albert Wagenaar, who testified to flaws in the method by which Treblinka survivors had identified Demjanjuk as Ivan the Terrible. Additionally, Sheftel alleged that the trial was a show trial, and referred to the trial as "the Demjanjuk affair", alluding to the famous antisemitic Dreyfus Affair.


Demjanjuk testified during the trial that he was imprisoned in a camp in Chełm until 1944, when he was transferred to another camp in Austria, where he remained until he joined an anti-Soviet Ukrainian army group. Demjanjuk had not mentioned Chelm in his initial depositions in the United States, first referring to Chelm during his denaturalization trial in 1981. As Chelm was Demjanjuk's alibi, he was questioned about this omission during the trial by both the prosecutors and the judges; Demjanjuk blamed the trauma of his POW experience and said he had simply forgotten. Demjanjuk also denied having known how to drive a truck in 1943, despite having stated this on his application for refugee assistance in 1948; Demjanjuk alleged that he had not filled out the form himself and the clerk must have misunderstood him. Demjanjuk's denial related both to the supposed operation of a truck's diesel engine by "Ivan the Terrible" for the gas chamber at Treblinka and to the SS's singling out of Ukrainians with experience driving trucks as Trawniki men. Demjanjuk changed his testimony as to why he had listed Sobibor as his place of domicile from his earlier trials; he now claimed to have been advised to do so by an official of the United Nations Relief Administration to list a place in Poland or Czechoslovakia in order to avoid repatriation to the Soviet Union, after which another Soviet refugee waiting with him suggested Demjanjuk list Sobibor. Demjanjuk also said, "Your Honors, if I had really been in that terrible place, would I have been stupid enough to say so?"


Demjanjuk further claimed that in 1944 he was drafted into an anti-Soviet Russian military organization, the Russian Liberation Army (Vlasov Army), funded by the Nazi German government, until the surrender of Nazi Germany to the Allies in 1945. Following closing statements, the defense submitted the statement of Ignat Danilchenko, information which had been obtained through the US Freedom of Information but had not previously been made available to the defense by OSI. Danilchenko was a former guard at Sobibor and had been deposed by the Soviet Union in 1979 at the request of the OSI (US Office of Special Investigations). Danilchenko identified Demjanjuk from three separate photo spreads as having been an "experienced and reliable" guard at Sobibor and that Demjanjuk had been transferred to Flossenbürg, where he had received an SS blood-type tattoo; Danilchenko did not mention Treblinka. Through Baltic émigré supporters living in Washington, D.C., the defense was also able to acquire internal OSI notes that had been thrown in a dumpster without shredding that showed that Otto Horn had in fact had difficulty identifying Demjanjuk and had been prompted to make the identification.


Verdict and Israeli Supreme Court reversal


On 18 April 1988, the Jerusalem District Court found Demjanjuk "unhesitatingly and with utter conviction" guilty of all charges and of being "Ivan the Terrible". One week later, it sentenced him to death by hanging. Demjanjuk was placed in solitary confinement during the appeals process. While there, carpenters began building the gallows that would be used to hang him if his appeals were rejected, and Demjanjuk heard the construction from his cell.


On 29 July 1993, a five-judge panel of the Israeli Supreme Court overturned the guilty verdict on appeal. The Supreme Court upheld the lower court's rulings on the authenticity of the Trawniki card and the falsity of Demjanjuk's alibi but ruled that reasonable doubt existed that Demjanjuk was Ivan the Terrible. The judges agreed that Demjanjuk most likely served as a Nazi Wachmann (guard) in the Trawniki unit, and had been posted at Sobibor extermination camp and two other camps. Evidence to assist this claim included an identification card from Trawniki bearing Demjanjuk's picture and personal information, which was found in the Soviet archives, in addition to German documents that mentioned "Wachmann" Demjanjuk with his date and place of birth. The Trawniki certificate also implied that Demjanjuk had served at Sobibor, as did the German orders of March 1943 posting his Trawniki unit to the area. The court declined to find him guilty on this basis because the prosecution had built its entire case around Demjanjuk's identity with Ivan the Terrible, and Demjanjuk had not been given a chance to defend himself from charges of being a guard at Sobibor.


The judge's acquittal of Demjanjuk for being Ivan the Terrible was based on the written statements of 37 former guards at Treblinka that identified Ivan the Terrible as "Ivan Marchenko". The former guards' statements were obtained after World War II by the Soviets, who prosecuted USSR citizens who had assisted the Nazis as auxiliary forces during the war. Most of the guards were executed after the war by the Soviets, and their written statements were not obtained by Israeli authorities until 1991, when the Soviet Union collapsed. Central to the new evidence was a photograph of Ivan the Terrible and a description that did not match the 1942 appearance of Demjanjuk. The accounts of 21 guards who were tried in the Soviet Union on war crimes gave details that differentiate Demjanjuk from Ivan the Terrible— in particular that the surname of "Ivan the Terrible" was Marchenko, not Demjanjuk. One described Ivan the Terrible as having brown hair, hazel eyes and a large scar down to his neck; Demjanjuk was blond with grayish-blue eyes and no such scar. US officials had originally been aware, without informing Demjanjuk's attorneys, of the testimony of two of these German guards; however, the Israeli justices observed that Demjanjuk had incorrectly listed his mother's maiden name as Marchenko in his 1951 application for US visa. Demjanjuk said he just wrote a common Ukrainian surname after he forgot his mother's real name (Tabachyk).


Post-acquittal


Demjanjuk's acquittal was met with outrage in Israel, including threats against the justices' lives.[99] Simon Wiesenthal, an iconic figure in Nazi-hunting, first believed Demjanjuk was guilty; after Demjanjuk's acquittal by the Israeli Supreme Court, he said he also would have cleared him given the new evidence. In Ukraine, Demjanjuk was viewed as a national hero and received a personal invitation to return to Ukraine by then-president Leonid Kravchuk. After Demjanjuk's acquittal, the Israeli Attorney General decided to release him rather than to pursue charges of committing crimes at Sobibor. Ten petitions against the decision were made to the Supreme Court. On 18 August 1993, the court rejected the petitions on the grounds that:


the principle of double jeopardy would be infringed,


new charges would be unreasonable given the seriousness of those of which he had been acquitted,

conviction on the new charges would be unlikely, and


Demjanjuk was extradited from the United States specifically to stand trial for offenses attributed to Ivan the Terrible of Treblinka, and not for other alternative charges.


During the trial, the prosecution argued that Demjanjuk should be tried for crimes at Sobibor. However, Justice Aharon Barak was not convinced, stating, "We know nothing about him at Sobibor." Demjanjuk was released to return to the United States. His return was met by protests and counter-protests, with supporters including members of the Ku Klux Klan. Even before his acquittal by the Israeli Supreme Court, the US Sixth Circuit Court of Appeals had opened an investigation into whether OSI had withheld evidence from the defense. The investigation charged that OSI had ignored evidence indicating that Demjanjuk was not Ivan the Terrible, and uncovered an internal OSI memo that questioned the case against Demjanjuk. After Demjanjuk's acquittal in Israel, the panel of judges on the Sixth Circuit ruled against OSI for having committed fraud on the court and having failed to provide exculpatory evidence to Demjanjuk's defense.


Second loss of US citizenship and extradition to Germany


Sobibor "Road to Death" in 2007


On 20 February 1998, Judge Paul Matia of the US District Court for the Northern District of Ohio vacated Demjanjuk's denaturalization "without prejudice," meaning that OSI could seek to strip Demjanjuk of citizenship a second time. OSI continued to investigate Demjanjuk, relying solely on documentary evidence rather than eye-witnesses. These documents were found in former Soviet archives in Moscow and in Lithuania, which placed Demjanjuk at Sobibor on 26 March 1943, at Flossenbürg on 1 October 1943, and at Majdanek from November 1942 through early March 1943; administrative documents from Flossenbürg referencing Demjanjuk's name and Trawniki card number were also uncovered. On 19 May 1999, the Justice Department filed a complaint against Demjanjuk to seek his denaturalization. The complaint alleged that Demjanjuk served as a guard at the Sobibór and Majdanek camps in Poland under German occupation and as a member of an SS death's head battalion at Flossenbürg. The complaint relied on evidence compiled by historians Charles W. Sydnor Jr. and Todd Huebner, who compared Demjanjuk's Trawniki card to 40 other known cards and found that issues on the card that had fueled suspicions of fraud were in fact typical of Trawniki's poor record keeping.


In February 2002, Judge Matia revoked Demjanjuk's US citizenship. Matia ruled that Demjanjuk had not produced any credible evidence of his whereabouts during the war and that the Justice Department had proved its case against him. Demjanjuk appealed to the US Court of Appeals for the Sixth Circuit, which on 30 April 2004 ruled that Demjanjuk could be again stripped of his US citizenship because the Justice Department had presented "clear, unequivocal and convincing evidence" of Demjanjuk's service in Nazi death camps. The United States Supreme Court declined to hear his appeal in November 2004.


On 28 December 2005, an immigration judge ordered Demjanjuk deported to Germany, Poland or Ukraine. In an attempt to avoid deportation, Demjanjuk sought protection under the United Nations Convention against Torture, claiming that he would be prosecuted and tortured if he were deported to Ukraine. Chief US Immigration Judge Michael Creppy ruled there was no evidence to substantiate Demjanjuk's claim that he would be mistreated if he were sent to Ukraine. On 22 December 2006, the Board of Immigration Appeals upheld the deportation order. On 30 January 2008, the US Court of Appeals for the Sixth Circuit denied Demjanjuk's request for review. On 19 May 2008, the US Supreme Court denied Demjanjuk's petition for certiorari, declining to hear his case against the deportation order. The Supreme Court's denial of review meant that the order of removal was final; no other appeal was possible.


One month after the US Supreme Court's refusal to hear Demjanjuk's case, on 19 June 2008, Germany announced it would seek the extradition of Demjanjuk to Germany. The file on Demjanjuk was compiled by Germany's Central Office for the Investigation of National Socialist Crimes. On 10 November 2008, German federal prosecutor Kurt Schrimm directed prosecutors to file in Munich for extradition, since Demjanjuk once lived there. On 9 December 2008, a German federal court declared that Demjanjuk could be tried for his role in the Holocaust. Some three months later, on 11 March 2009, Demjanjuk was charged with more than 29,000 counts of accessory to murder of Jewish prisoners at the Sobibor extermination camp. The German foreign ministry announced on 2 April 2009 that Demjanjuk would be transferred to Germany the following week, and would face trial beginning 30 November 2009.


On 2 April 2009, Demjanjuk filed a motion in an immigration trial court in Virginia. The motion sought to reopen the matter of the removal order against him; that order of removal had been originally issued by an immigration court in 2005, had been upheld by the BIA on administrative appeal in late 2006, and was further upheld by the Sixth Circuit Court of Appeals; after these two appeals, the US Supreme Court had, as noted above, denied any review. On 3 April 2009, US Immigration Judge Wayne Iskra temporarily stayed Demjanjuk's deportation; Iskrka reversed himself on 6 April. As the US government noted, a motion to reopen, such as Demjanjuk's, could only properly be filed with the Board of Immigration Appeals (BIA) in Washington, D.C., and not an immigration trial court. The issuance of the stay by the immigration trial court was therefore improper, as that court had no jurisdiction over the matter. Accordingly, Demjanjuk re-filed his motion to reopen, and for an attendant stay, with the BIA. On 10 April, the BIA found there was "little likelihood of success that [Demjanjuk's] pending motion to re-open the case will be granted" and accordingly denied his motion for a stay pending the disposition of his motion to reopen. This removed any obstacles to federal agents seizing him for deportation to Germany.


On 14 April 2009, immigration agents removed Demjanjuk from his home in preparation for deportation. The same day, Demjanjuk's son filed a motion in the US Court of Appeals for the Sixth Circuit asking that the deportation be stayed, which was subsequently granted. The US government argued that the Court of Appeals has no jurisdiction to review the decision of the Board of Immigration Appeals, which denied the stay. Demjanjuk later won a last-minute stay of deportation, shortly after US immigration agents carried him from his home in a wheelchair to face trial in Germany. The BIA denied Demjanjuk's motion to reopen his deportation case. On 1 May 2009, the Sixth Circuit lifted the stay that it had imposed against Demjanjuk's deportation order. On 7 May 2009, the US Supreme Court, via Justice John Paul Stevens, declined to consider Demjanjuk's case for review, thereby denying Demjanjuk any further stay of deportation. Demjanjuk had sued Germany on 30 April 2009 to try to block the German government's agreement to accept Demjanjuk from the US. The German Administrative Court rejected Demjanjuk's claim on 6 May. Demjanjuk was deported to Germany, leaving Cleveland, Ohio, on 11 May, to arrive in Munich on 12 May. Upon his arrival, he was arrested and sent to Munich's Stadelheim prison.


Trial in Germany


On 3 July 2009, prosecutors deemed Demjanjuk fit to stand trial. On 13 July 2009, prosecutors charged him with 27,900 counts of accessory to murder for his time as a guard at Sobibor. Demjanjuk was tried without any connection to a concrete act of murder or cruelty but rather on the theory that as a guard at Sobibor he was per se guilty of murder, a novelty in the German justice system that was seen as risky for the prosecution. Some 35 plaintiffs were admitted to file in the case, including four survivors of the Sobibor concentration camp and 26 relatives of victims. The indictment made almost no mention of Demjanjuk's service at Majdanek or Flossenbürg, as these were not extermination camps.


Demjanjuk was represented by German attorneys Ulrich Busch and Günther Maul. The defense argued that Demjanjuk had never been a guard but that, had he been one, he would have had no choice in the matter. Busch alleged that the German justice system was prejudiced against his client, and that the entire trial was therefore illegitimate. Busch also alleged that the trial violated the principle of double jeopardy due to the previous trial in Israel. According to Munich state prosecutor Anton Winkler, doctors restricted the time Demjanjuk could be tried in court each day to two sessions of 90 minutes each. On 30 November 2009, Demjanjuk's trial, expected to last for several months, began in Munich. Demjanjuk arrived in the courtroom in a wheelchair pushed by a German police officer. Because of the long pauses between trial dates and cancellations caused by the alleged health problems of the defendant and his defense attorney Busch's use of many legal motions, the trial eventually stretched to eighteen months.


On 14 April 2010, Anton Dallmeyer, an expert witness, testified that the typeset and handwriting on an ID card being used as key evidence matched four other ID cards believed to have been issued at the SS training camp at Trawniki. Demjanjuk's lawyer argued that all of the ID cards could be forgeries and that there was no point comparing them. The prosecution also produced orders to a man identified as Demjanjuk to go to Sobibor and other records to show that Demjanjuk had served as a guard there. Demjanjuk's defense team argued that these documents were Soviet forgeries. As part of the prosecution's case, historian Dieter Pohl of the University of Klagenfurt testified that Sobibor was a death camp, the sole purpose of which was the killing of Jews, and that all Trawniki men had been generalists involved in guarding the prisoners as well as other duties; therefore, if Demjanjuk was a Trawniki man at Sobibor, he had necessarily been involved in sending the prisoners to their deaths and was an accessory to murder. The prosecution further argued, using Pohl's testimony, firstly that Demjanjuk's choice after being captured by the Germans was guard duty or forced labor, not death, secondly that the Trawniki guards were a privileged group that was essential to the Holocaust, and finally that Demjanjuk's failure to desert, something many Trawniki guards did, showed that he had been at Sobibor voluntarily.


On 24 February 2010, a witness for the prosecution, Alex Nagorny, who agreed to serve the Nazi Germans after his capture, testified that he knew Demjanjuk from his time as a guard. When asked to identify Demjanjuk in the courtroom, Nagorny was unable to, stating: "That's definitely not him – no resemblance." As Nagorny had previously identified Demjanjuk from his US visa application photo, his inability to recognize Demjanjuk in the courtroom was seen as incongruous. Demjanjuk declined to testify or make a final statement during the trial; however, he delivered three written declarations to the court that alleged that his prosecution was caused by a conspiracy between the OSI, the World Jewish Congress, and the Simon Wiesenthal Center, while continuing to allege that the KGB had forged the documents used. In his third declaration, Demjanjuk demanded access to a secret KGB file numbered 1627 and declared a hunger strike until he got it.


On 15 January 2011, Spain requested a European arrest warrant be issued for Nazi war crimes against Spaniards; the request was refused for a lack of evidence. On 12 May 2011, aged 91, Demjanjuk was convicted as an accessory to the murder of 28,060 Jews at Sobibor killing center and sentenced to five years in prison with two years already served. Presiding Judge Ralph Alt ordered Demjanjuk released from custody pending his appeal, as he did not appear to pose a flight-risk. This was the first time someone has been convicted by a German court solely on the basis of serving as a camp guard, with no evidence of being involved in the death of any specific inmate. His release pending appeal was protested by some, including Efraim Zuroff of the Simon Wiesenthal Center.


As Demjanjuk was stateless and lacked financial means, he was unable to leave Germany. The day of his conviction, municipal authorities from Munich placed Demjanjuk in the St. Lukas nursing home in Bad Feilnbach, a spa town south of the city. The decision was justified since Demjanjuk was considered in need of stationary care, though not previously discussed with the town's mayor. Demjanjuk's presence became public through a Bild article on 23 May 2011, which resulted in some immediate cancellations at local hotels in Bad Feilnbach and e-mails by regular guests, some of whom vowed to never return to Bad Feilnbach in protest. Overall tourism was not affected and as Demjanjuk was set to remain within the nursing facility, no efforts were made by the town to relocate him.


Death and posthumous efforts to restore US citizenship


John Demjanjuk died at the nursing home in Bad Feilnbach on 17 March 2012, aged 91.[165] As a consequence of his appeal not having been heard, Demjanjuk is still presumed innocent under German law. In early June 2012, Ulrich Busch, Demjanjuk's attorney, filed a complaint with Bavarian prosecutors claiming that the pain medication Novalgin (known in the US as metamizole or dipyrone) that had been administered to Demjanjuk helped lead to his death. The investigation was closed in November 2012 after no evidence emerged to support the allegations.


Following his death, his relatives requested that he be buried in the United States, where he once lived. Jewish organizations have opposed this, claiming that his burial site would become a center for neo-Nazi activity. On 31 March 2012, it was reported that Demjanjuk was buried at an undisclosed US location. On 12 April 2012, Demjanjuk's attorneys filed a suit to posthumously restore his US citizenship. On 28 June 2012, the 6th US Circuit Court of Appeals in Cincinnati ruled that Demjanjuk could not regain his citizenship posthumously. On 11 September 2012, the court denied Demjanjuk's request to have the appeal reheard en banc by the full court.


Legacy


The 1989 film Music Box, directed by Costa-Gavras, is based in part on the Demjanjuk case. Author Philip Roth, who briefly attended the Demjanjuk trial in Israel, portrays a fictionalized version of Demjanjuk and his trial in the 1993 novel Operation Shylock. In 2019, Netflix released The Devil Next Door, a documentary by Israeli filmmakers Daniel Sivan and Yossi Bloch that focuses on Demjanjuk's trial in Israel.


Subsequent prosecutions of Nazi extermination camp guards in Germany


Demjanjuk's conviction for accessory to murder solely on the basis of having been a guard at a concentration camp set a new legal precedent in Germany. Prior to Demjanjuk's trial, the requirement that prosecutors find a specific act of murder to charge guards with had resulted in a very low conviction rate for death camp guards. Following Demjanjuk's conviction, however, Germany began aggressively prosecuting former death camp guards. In 2015, former Auschwitz guard Oskar Gröning was convicted on the same legal argument as Demjanjuk; his conviction was upheld on appeal, solidifying the precedent made by the Demjanjuk case. In 2019, German prosecutors charged guards at a concentration camp—as opposed to a death camp—on the same rationale for the first time: former Stutthof concentration camp guards Johann Rehbogen and Bruno Dey [de].


Publication of photographs from Sobibor


In January 2020, the Topography of Terror Foundation in Berlin announced that they were about to exhibit and publish a collection of 361 photographs taken by Johann Niemann over the course of his career, including from his time as deputy commandant of Sobibor, which had been made newly available by his descendants. They believe the collection includes two photos showing Demjanjuk with fellow guards at the camp, which would be the first documentary evidence to conclusively establish he had served there.


On 20 January 2020, the day after the announcement, the Ludwigsburg Research Center qualified it by saying it is likely that one of the men in the noted photos is Demjanjuk but that this cannot be said "with absolute certainty" ("mit absoluter Gewissheit"), given the time that had passed since they were taken. Niemann was killed there on 14 October 1943 during a prisoner revolt The photographs were published on 28 January 2020 in the book Fotos aus Sobibor ("Photos from Sobibor"). The Niemann family has donated the originals to the collection of the United States Holocaust Memorial Museum, which has digitized this collection for research.


Notes


Ukrainian: Джон Дем'янюк


 Ukrainian: Іван Миколайович Дем'янюк