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HAMMER page 1
Additionally, he began to lay
the groundwork for a defense
that claims he has been "a mod-
el American citizen" who was "as
much a victim of the Nazis as
were any other individuals."
"With the alternative of arrest,
torture, imprisonment, and death
staring him in the face, many in-
habitants of occupied countries
were passively accommodating
the Nazis," defense papers read.
Mr. Hammer also raised the
issue of timely charges, citing
both the Fifth (right to due pro-
cess) and the Eighth (forbidding
cruel and unusual punishment)
Amendments to the U.S.
Constitution.
"The prosecution of persons of
crimes committed as many as 50
years in the past cannot help but
raise serious, and perhaps
unique, questions of procedural
due process," read papers filed by
Mr. Bufalino
"It is extremely difficult for
him to properly represent him-
self, in view of his old age and the
near impossibility to obtain ex-
culpatory documents, witnesses,
or even remember the events un-
der investigation," the papers
claim.
Mr. Bufalino did not return
telephone calls.
The government must answer
the defense's interrogatories,
questions about the evidence the
government intends to use to
prove its case. No date has been
set for the trial.
The suit is part of the U.S. gov-
ernment's ongoing investigation
of alleged Nazi war criminals
who, after World War II, entered
the United States by concealing
their wartime activities.
The opening of archives fol-
lowing the collapse of the former
Soviet Union has led to more
complaints, with previously un-
available information about al-
leged Nazis being made available
for the first time to U.S. officials.
Since the OSI was formed in
1979 to search for Nazi war crim-
inals, 50 people have been
stripped of their citizenship; 42
were deported and the rest were
allowed to stay because of health
concerns.
The government also has
agreed to drop civil cases,
Department of Justice
spokesman John Russell said.
"Cases have been dropped if
the individual has agreed to cer-
tain conditions or if there were
severe health concerns," he said.
The OSI attorneys originally
filed its complaint against Mr.
Hammer on Dec. 13. In it, gov-
ernment attorneys allege that
in October 1942, at the age of 21,
Mr. Hammer entered the Nazi
Waffen-SS (Armed SS), a guard
and intelligence unit of the Nazi
Party.
According to the complaint, he
served for three years as a mem-
ber of the Death's Head Battalion
of the Waffen-SS, which was as-
signed to guard and prevent es-
capes of prisoners at Nazi death
camps.
Mr. Hammer's alleged activi-
ties would have had no bearing
on the United States had Mr.
Hammer not immigrated to the
United States from Austria
where he sought work after the
war.
Under the Refugee Relief Act
of 1953, designed to allow easy
entry to besieged European im-
migrants, Mr. Hammer applied
for and received a visa. During
an interview for that visa, he al-
legedly told American consulate
officials in Salzburg, Austria, that
he was a member of the German
Army from 1942-45.
In 1963, he allegedly wrote on
a citizenship application that he
was a member of the "German
Army SS," an entity the U.S. gov-
ernment said never existed be-
cause the German Army was not
a part of the Nazi party.
If the government is success-
ful in its case, Mr. Hammer will
be stripped of his citizenship and
forced to leave the country.
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'71
Eileen Weiner's class at the Adat Shalom Nursery School recently made Shabbat
challah plates. Shown are Jodi Solway, Rebecca Portney and Mindy Raminick.