I would agree in principle with your assertion about the correctness of prosecuting a 91 year old for crimes committed in WWII. However, there are some factors that need to be considered, even given the fact that most (all?) of us do not have access to the court records and might not be in a position to judge the quality/reliability or relevance of the 'evidence'.
Memory is a funny thing and even in relatively short term psychological experiments, memory can fail miserably with subjects memories changing radically within short periods of time. Therefore to rely on the memory of older people (including the accused who if guilty will certainly have a 'limited' and selective memory one can assume), so many years after WWII, to remember 'facts' and faces is rather dubious in my opinion.
I understand from reading the media that there was an identification card (supplied by the former Soviet Union?). I believe there was some controversy about the reliabiliity of this document. Should we trust the suppliers of the identification card? Should we trust the forensic 'experts' as to the veracity of the card? http://en.wikipedia.org/wiki/John_Demjanjuk#Trial_in_Germany
Also worth noting to put this case in perspective is the fact that it is long ongoing and has taken some interesting twists. In 1986 he was convicted in Israel of being Ivan the Terrible only to have this sentence overturned by the Israeli Supreme Court in 1993.
To say this has brought relief to the family of victims is a poor rationale for the trial and outcome. Many wrongly convicted in Ameriica (mostly if not exclusively black) have brought 'relief' to the victims' families. One current case is that of Mumia Abu-Jumal where a racist judge, misinstructed the jury and committed many other procedural errors, witnesses recanted their testimony, witnesses changed testimony contradicting themselves, photos of the crime scene sidewalk do not support the shooting of multiple bullets as no traces were found on the sidewalk and reconstructions show that such traces (damage to the sidewalk by bullets missing the victim) would be evident.
Here also the victim's wife is relieved that Mumia was convicted and refuses to accept the possiblity of a mistrial. If innocent, then Mumia and Demanjuk seem to have been subjected to some horrendous treatment in order to bring relief to the victims. http://en.wikipedia.org/wiki/Mumia_Abu-Jamal
Jun 14, 11 04:48