A U.S. Army intelligence file on Breyer, obtained by the AP, from a 1951 immigration background check also lists him as being with the SS Totenkopf in Auschwitz as late as Dec. 29, 1944 — four months after he said he deserted. The Army Investigative Records Repository file was obtained by the AP from the National Archives through a Freedom of Information Act request.
“Clearly we can’t say what the result will be at the end of a long presentation of evidence to a court — that’s not our job,” Walther said. “But our contention is with this evidence the state prosecutors must file charges.”
• Matt Moore contributed to this story from Philadelphia. Herschaft reported from New York.