Demjanjuk: a victim of Soviet forgery
by William J. Flynn
Three Israeli judges are convinced that the real "Ivan the Terrible," the
"butcher of Treblinka," is behind bars and justly condemned by them to die
by hanging. When I think back to last November, to my appearance as a
defense expert in the John Demjanjuk case in Jerusalem, and to the volumes
of documents, scientific experiments and demonstrative evidence that these
same judges excluded from my testimony, it is apparent to me that Israel
could be prepared to put an innocent man to death.
Since coming to the United States in 1951 and until his deportation to Israel
in 1987, Mr. Demjanjuk, a Ukrainian by birth, lived in Cleveland, Ohio, where
he raised a family and led an upstanding life.
The genesis of this case is in the turbulent events of World War II, when Mr.
Demjanjuk was drafted into the Soviet Red Army and subsequently captured
by the Germans.
During the late 1970s, the U.S. Justice Department assembled evidence
which it contended showed Mr. Demjanjuk to be the infamous, blood-thirsty
"Ivan the Terrible" of Treblinka. Mr. Demjanjuk, who is now awaiting the
outcome of an appeal of his death sentence, has insisted that he is the
victim of mistaken identity.
The testimony which I planned to give, but which the Israeli court refused to
admit, would have indicated that Mr. Demjanjuk is the victim of an intentional
forgery by the KGB.
ID card under dispute
Technically, there were only two types of evidence that linked Mr. Demjanjuk
to "Ivan the Terrible": the five eyewitnesses, whose emotional testimony the
judges found convincing; and the Trawniki identification card. The latter
displays what purports to be Mr. Demjanjuk's photo and signature, three
German seals and two German officers' signature. This card was the one
piece of evidence introduced at the trial which was not subject to the
influences of emotion and the blurring of memory.
In determining historical authenticity from a forensic standpoint, it is
necessary to prove that the entire document is genuine, not just part of it.
An authentic historical document that has been altered is no longer
authentic. Parts of the Trawniki card could have been in existence in the
early 1940s, as the prosecution contended. However, other parts of the card
have definitely been altered.
A major problem with the card was that, until its arrival at the Soviet
Embassy in Washington in 1981, no historian or document expert had ever
seen it or one similar to it. Therefore, there were no standards against which
to compare it — a crucial factor in determining whether a document is
genuine or counterfeit.
After examining the four types of fountain-pen inks on the card, U.S. and
Israeli authorities determined that the inks did not contain any component
that did not exist in the early 1940s. Of these four inks, three contained iron,
which has been common in ink for centuries, yet the fourth, the ink used in
the "Demjanjuk signature," contained no iron. The reason this is significant is
that, without iron, the Demjanjuk signature could not be accurately dated.
The fact that an ink was in use during World War II does not mean that a
particular sample containing those components was so used, incidentally. In
my kitchen in Phoenix, I created four types of inks that, from their
components, could have existed in the early 1940s. Using these, I forged the
signatures of the two German officers which appear on the Trawniki card.
The chief of the Israeli documentation laboratory complimented me on my
forgeries!
Fiber analysis proved that the card itself was manufactured in the 1940s.
This was not surprising, because experts believe that about 5,000 of these
cards were printed by the Nazis. When the Soviet Red Army stormed the
Treblinka and Trawniki camps, they could easily have captured these
documents, creating for themselves a reservoir of ID card forms which they
could subsequently "issue" to whomever they desired. If that is what
occurred, it would have been virtually impossible to prove forensically
whether the card was prepared in 1942 or sometime later.
Although I was not permitted to perform any destructive testing (under an
agreement between the Soviets and Israelis), I did manage to lift up one
corner of the photo enough to see that it had been glued to the card at
least twice. This fact is significant because of the ease with which a
composite photo can be made.
Using readily available photographic techniques in my laboratory in Phoenix, I
had my own photograph superimposed into a German uniform, meaning that
my face was substituted, using airbrushing, for the face of a German soldier,
to create an eerily convincing likeness of myself as a Nazi. This
demonstration, however, was banned from evidence by the Israeli judges.
Coincidentally, the "Demjanjuk photograph" on the ID card contains the same
featureless, white background as typically results from airbrushing.
There is further evidence that the photo was not originally on the ID card,
since the upper portion of a seal located on a corner of the photo does not
align with the lower portion on the card.
The photograph also has two mysterious staple holes, which do not pierce
the underlying card, showing conclusively that the photo had been attached
to another document prior to being glued to the ID card. The holes have
traces of a purple ink, identical to the ink used in 1948 KGB notations on the
Trawniki card. An inference may be drawn that the Soviet ink has bled
through the staple holes from the back of the photo. If so, this would be
proof positive that the Soviets attached the photo to the card.
As previously noted, the only part of the ID card that needed to be forged
was the Demjanjuk signature. Coincidentally, that is the one feature which
both prosecution and defense agree may not be genuine. Based on the
Demjanjuk handwriting samples available to both sides, the "Demjanjuk
signature" on the Trawniki card is not Mr. Demjanjuk's. It contains, for
example, a classic swirling Slavic "D" and all of the letters are connected —
elements that are absent from every sample of Mr. Demjanjuk's signature
which I have seen.
The prosecution conceded that it could not authenticate the Demjanjuk
signature — the one step logically necessary to authenticate the card. In an
incredible feat of illogic, the prosecution contended that, had pre-1950s
Demjanjuk signature samples been available, they would have resembled the
signature on the card.
Sentencing immoral
This argument, based not on science but on speculation, violates the basic
precept of my profession, which is that a positive handwriting ID must be
demonstrable for a signature to count as authentic.
The only way we will know for certain if the Trawniki card is genuine is to
gain access to the KGB archives, the only place where the truth is hidden.
The restrictions upon my testimony findings which occurred in the Demjanjuk
trial would never have occurred in a capital case in an American court of law.
Sentencing a man to the gallows on the basis of "it could have been" is
immoral by anyone's standards.
--------------------------------------------------------------------------------
William J. Flynn, a forensic document examiner for the past 20 years, is
vice-president of the American Board of Forensic Documents Examiners. He
exposed a purported Mormon document as a forgery in the 1986 "White
Salamander" murder case in Salt Lake City, Utah.
The article above appeared in the July 10 issue of The Arizona Republic.
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"http://www.ukar.org/teicholz.htm"
Dear Editor:
Tom Teicholz's new book on the Demjanjuk case, "The Trial of Ivan the
Terrible," bears a
glowing endorsement on the back cover by Harvard Law Professor Alan
Dershowitz. Prof.
Dershowitz has won acclaim as an advocate of civil liberties in high-profile
cases. It was,
therefore, with some surprise that I read the following statement by Prof.
Dershowitz: "No
objective reader can be left with any reasonable doubt that Demjanjuk was a
Nazi murderer."
This statement struck me as strange, since Prof. Dershowitz must have been
aware that Mr.
Teicholz's book devotes only a three-page epilogue to the exculpatory
evidence unearthed since
Mr. Demjanjuk's conviction, which indicates that Mr. Demjanjuk was not Ivan
the Terrible. Mr.
Teicholz's book fails even to mention that exculpatory documents from the
U.S. government's
investigation of Mr. Demjanjuk were recovered from trash dumpsters outside
the Office of
Special Investigation's Washington office, as made public in August 1989.
Similarly, Mr. Teicholz makes only passing reference to the Polish
eye-witness evidence
uncovered by CBS "60 Minutes," which points to one Ivan Marchenko — not
Mr. Demjanjuk — as
having been the hated Ivan. (Marchenko is listed on the roster of Treblinka
camp guards, while
Mr. Demjanjuk. is not.)
Mr. Teicholz dismisses the Marchenko evidence by quoting Israeli Prosecutor
Michael
Shaked, who asserted in July of 1990 that Marchenko was Mr. Demjanjuk's
mother's maiden name,
as though it were an unassailable fact.
To the contrary, in August of 1990, representatives of the Demjanjuk
defense traveled to
the Soviet Union and obtained copies of Mr. Demjanjuk's mother's marriage
and death
certificates, showing that her maiden name was not Marchenko but
Tabachuk. This leaves the
prosecution and Prof. Dershowitz with no answer to the Marchenko evidence,
and with the real
possibility that they are advocating the execution of an innocent man.
Mr. Teicholz's discussion of defense forensic expert William Flynn is marked
by glaring
inaccuracies. To name a few: Mr. Flynn has never been a pupil or colleague
of prosecution
expert Gideon Epstein; Mr. Flynn never brought a copy of the Trawnicki I.D.
card to the Palm
Springs meeting of U.S. document examiners in September 1986; and Mr.
Flynn never stated in
Jerusalem that it was impossible to give a conclusive opinion about the
signatures on a
historical document.
The limitations on Mr. Teicholz's objectivity are also evident in his treatment
of defense
memory expert Willem Wagenaar. Mr. Teicholz contents himself with adopting
the prosecution's
questioning of Mr. Wagenaar during trial as scientific fact, while failing even
to acknowledge
the serious legal deficiencies in the prosecution's identification procedures,
as detailed in
Mr. Wagenaar's highly acclaimed book Identifying Ivan: A Case Study in Legal
Psychology
(Harvard University Press, 1988).
There, Mr. Wagenaar concludes that "I know of no other case in which so
many deviations
from procedures internationally accepted as desirable occurred."
"I will not say that the investigative procedure was a farce, but a total farce
could have
violated only a few more rules," he adds.
Mr. Teicholz also omits any mention of the fact that two of Israel's noted
psychologists,
David Narvon and Ashir Koryat, acted as advisors to the prosecution yet
failed to take the
stand to testify under oath in opposition to Mr. Wagenaar's testimony.
It is irresponsible at best to voice a judgment on guilt or innocence until the
appeal is
concluded, particularly where it appears exculpatory evidence was
suppressed by the U.S.
government. In any death penalty case in which Prof. Dershowitz acted as
defense council, he
would doubtless argue that the suppression of exculpatory evidence alone
justified reversal.
For Prof. Dershowitz and others to portray Mr. Teicholz's book as "definitive"
does not serve
the interests of justice or of the State of Israel.
Patience Tipton Huntwork
Attorney
Phoenix, Ariz.