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'''Mel Mermelstein''' is a Hungarian-born ], sole-survivor of his family's extermination at ] who defeated the ] in an American court and had the occurrence of gassings in ] during ] declared a legally incontestable fact. '''Mel Mermelstein''' is a Hungarian-born ], sole-survivor of his family's extermination at ] who defeated the ] in an American court and had the occurrence of gassings in ] during ] declared a legally incontestable fact.


Mermelstein was born in ] and was deported to Auschwitz in 1944 along with the rest of the Jewish community. Mermelstein was born in ] and was deported to Auschwitz in 1944 along with the rest of the Jewish community.


In 1980, the Institute for Historical Review (IHR) promised a $50,000 reward to anyone who could prove that Jews were gassed at Auschwitz. In 1980, the Institute for Historical Review (IHR) promised a $50,000 reward to anyone who could prove that Jews were gassed at Auschwitz.


Mermelstein wrote a letter to the '']'' claiming he could prove that Jews were gassed in the gas chambers at Auschwitz. The Institute for Historical Review wrote back, offering him $50,000 for proof that Jews were, in fact, gassed in the gas chambers at Auschwitz. Mermelstein, in turn, submitted a notarized account of his internment at Auschwitz and how he witnessed a column of women and children being driven into the tunnel that lead into (as he learned later) gas chamber number five. Mermelstein wrote a letter to '']'' claiming he could prove that Jews were gassed in the gas chambers at Auschwitz. The Institute for Historical Review wrote back, offering him $50,000 for proof that Jews were, in fact, gassed in the gas chambers at Auschwitz. Mermelstein, in turn, submitted a notarized account of his internment at Auschwitz and how he witnessed Nazi guards ushering his mother and two sisters towards (as he learned later) gas chamber number five.


After deciding not to wait on the IHR's decision, Mermelstein sued it in California Superior Court for ], ], ], ], ], and ], demanding $17 million. During the pre-trial hearings, Mermelstein testified it was his mother and sisters he saw driven into the gas chamber and made controversial claims that he was ordered to use ] made from the bodies or fats of Jews, which would later be discounted by mainstream historians . Despite this, the IHR refused to pay the reward. Mermelstein subsequently sued the IHR in California Superior Court for ]. On ], ], Los Angeles Superior Court Judge Thomas T. Johnson ruled in favor of Mermelstein, finding that he had provided sufficient evidence to prove his claim that Jews were gassed in the gas chambers at Auschwitz. The Court issued a judgment requiring the IHR to pay Mermelstein $50,000, plus $40,000 for personal suffering, and write a public apology to Mermelstein.


On ], ], in a pre-trial determination, Judge Thomas T. Johnson declared: Holocaust revisionists have subsequently claimed that the proof offered by Mermelstein was "never released to the public," implying that it had been sealed by the court or otherwise kept secret. In a pre-trial determination, Judge Thomas T. Johnson declared:


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In California, the Evidence Code permits the Court to take judicial notice of "facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute." (''Evidence Code'' sections 451(f) and 452(h)) This was the first time that any court in the ] took judicial notice of the gassings in Auschwitz. In California, the Evidence Code permits the Court to take judicial notice of "facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute." (''Evidence Code'' sections 451(f) and 452(h)) This was the first time that any court in the ] took judicial notice of the Holocaust.


⚫ In ], the IHR, along with its founder Willis Carto, sued Mermelstein for allegedly libelling them during an interview with a ] radio station, but dropped the charges in ]. Merlmelstein also sued the IHR in ] for an article in the ''IHR Newsletter'' that examined flaws and inconsistencies in his 1981 lawsuit testimony. This suit was dropped in ].
During the long discovery phase, the IHR discovered no sort of tunnel led to Crematorium 5, which was an above-ground building .


⚫ Mermelstein was portrayed by ] in a ] TV movie about the 1981 lawsuit. The movie is called ''Never Forget''. He wrote of the court battle in his autobiography, entitled ''By Bread Alone.''
On ], ], Los Angeles Superior Court Judge Thomas T. Johnson ruled in favor of Mermelstein, finding that he had provided sufficient evidence to prove his claim that Jews were gassed in the gas chambers at Auschwitz. The Court issued a judgment requiring the IHR to pay Mermelstein $90,000, and write him a public apology.

⚫ In ], the IHR, along with its founder Willis Carto, sued Mermelstein for allegedly libelling them during an interview with a ] radio station, but dropped the charges in ]. Merlmelstein also sued the IHR in ] for an article in the ''IHR Newsletter'' that examined flaws and inconsistencies in his 1981 lawsuit testimony. This suit was dropped in ].

⚫ Mermelstein was portrayed by ] in a ] TV movie on the 1981 lawsuit called ''Never Forget''. He wrote an account of his survival in Auschwitz, ''By Bread Alone.'' The book also includes many relevant documents about his legal battles with the Institute for Historical Review.

==Bibliography==
* Mermelstein, Mel. ''By Bread Alone. The Story of A-4685''. 1993. ISBN 0960653406


==External links== ==External links==
* - Information about the Institute for Historical Review and the Mermelstein judgement. * - Information about the Institute for Historical Review and Mermelstein settlement.
* (Nizkor Archive Directory, Shofar FTP) * (Nizkor Archive Directory, Shofar FTP)
* The Institute for Historical Review's examination of Mermelstein's testimony.
* Information from the Institute for Historical Review about the trials.


] ]

Revision as of 05:46, 23 December 2006

Mel Mermelstein is a Hungarian-born Jew, sole-survivor of his family's extermination at Auschwitz concentration camp who defeated the Institute for Historical Review in an American court and had the occurrence of gassings in Auschwitz during the Holocaust declared a legally incontestable fact.

Mermelstein was born in Munkacs and was deported to Auschwitz in 1944 along with the rest of the Jewish community.

In 1980, the Institute for Historical Review (IHR) promised a $50,000 reward to anyone who could prove that Jews were gassed at Auschwitz.

Mermelstein wrote a letter to The Jerusalem Post claiming he could prove that Jews were gassed in the gas chambers at Auschwitz. The Institute for Historical Review wrote back, offering him $50,000 for proof that Jews were, in fact, gassed in the gas chambers at Auschwitz. Mermelstein, in turn, submitted a notarized account of his internment at Auschwitz and how he witnessed Nazi guards ushering his mother and two sisters towards (as he learned later) gas chamber number five.

Despite this, the IHR refused to pay the reward. Mermelstein subsequently sued the IHR in California Superior Court for breach of contract. On October 9, 1981, Los Angeles Superior Court Judge Thomas T. Johnson ruled in favor of Mermelstein, finding that he had provided sufficient evidence to prove his claim that Jews were gassed in the gas chambers at Auschwitz. The Court issued a judgment requiring the IHR to pay Mermelstein $50,000, plus $40,000 for personal suffering, and write a public apology to Mermelstein.

Holocaust revisionists have subsequently claimed that the proof offered by Mermelstein was "never released to the public," implying that it had been sealed by the court or otherwise kept secret. In a pre-trial determination, Judge Thomas T. Johnson declared:

"This court does take judicial notice of the fact that Jews were gassed to death at Auschwitz Concentration Camp in Poland during the summer of 1944. It is not reasonably subject to dispute. And it is capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. It is simply a fact."

In California, the Evidence Code permits the Court to take judicial notice of "facts and propositions of generalized knowledge that are so universally known that they cannot reasonably be the subject of dispute." (Evidence Code sections 451(f) and 452(h)) This was the first time that any court in the United States took judicial notice of the Holocaust.

In 1986, the IHR, along with its founder Willis Carto, sued Mermelstein for allegedly libelling them during an interview with a New York radio station, but dropped the charges in 1988. Merlmelstein also sued the IHR in 1988 for an article in the IHR Newsletter that examined flaws and inconsistencies in his 1981 lawsuit testimony. This suit was dropped in 1991.

Mermelstein was portrayed by Leonard Nimoy in a 1991 TV movie about the 1981 lawsuit. The movie is called Never Forget. He wrote of the court battle in his autobiography, entitled By Bread Alone.

External links

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