“Some judicial officials began to notice the unusual frequency of deaths among the inmates of institutions and some prosecutors even considered asking the Gestapo to investigate the killings. However, none went so far as Lothar Kreyssig, a judge in Brandenburg who specialized in matters of wardship and adoption. A war veteran and a member of the Confessing Church, Kreyssig became suspicious when psychiatric patients who were wards of the court and therefore fell within his area of responsibility began to be transferred from their institutions and were shortly afterwards reported to have died suddenly. Kreyssig wrote Justice Minister Gortner to protest against what he described as an illegal and immoral programme of mass murder. The Justice Minister's response to this and other, similar, queries from local law officers was to try once more to draft a law giving effective immunity to the murderers, only to have it vetoed by Hitler on the grounds that the publicity would give dangerous ammunition to Allied propaganda. Late in April 1941 the Justice Ministry organized a briefing of senior judges and prosecutors by Brack and Heyde, to try to set their minds at rest. In the meantime, Kreyssig was summoned to an interview with the Ministry's top official, State Secretary Roland Freisler, who informed him that the killings were being carried out on Hitler's orders. Refusing to accept this explanation, Kreyssig wrote to the directors of psychiatric hospitals in his district informing them that transfers to killing centres were illegal, and threatening legal action should they transport any of their patients who came within his jurisdiction. It was his legal duty, he proclaimed, to protect the interests and indeed the lives of his charges. A further interview with Gortner failed to persuade him that he was wrong to do this, and he was compulsorily retired in December 1941.”

Richard J. Evans

Richard J. Evans - “Some judicial officials began to...” 1

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