German Court Bars Jewish Brothers From Trial of Former Auschwitz Medic

Walter and William Plywaski may not attend because their mother wasn't killed in Auschwitz during the time covered in the indictment, the court says.

The undated photo provided by the Archive of the State Museum Auschwitz-Birkenau shows SS Oberscharfuehrer Hubert Zafke. Zafke, now 95, is scheduled to go on trial at the end of February 2016.

A German court said on Tuesday that it excluded two elderly Jewish American men from joining the trial of a former Auschwitz SS medic, because their mother was not killed in the death camp's gas chambers during the time covered in the indictment.

Hubert Zafke is charged with 3,681 counts of accessory to murder for a one-month period in 1944.

The Neubrandenburg state court said it was excluding Walter and William Plywaski, of Boulder, Colorado, from joining the trial as co-plaintiffs, as allowed under German law for victims' relatives.

Their attorneys argue that Zafke was present for a longer period than covered by the indictment, and say they'll appeal.

The trial has been repeatedly delayed over the defendant's health and complaints from the co-plaintiffs the judges are biased.