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.
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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.