US Pilot/POW reported killed 1945 Germany

[PF]

See the following thread:
http://forum.armyairforces.com/Informat ... 96518.aspx
Note-must register to reply.
COlonel Elwyn Righetti was reportably Killed April 17, 1945 after bailing out Near Dresden Germany
THE ABMC Lists him Commander 55th Fighter Group-instead of Squadron listing. {Tablets of Missing}

[David Thompson]

(1) The poster mcb, on the Army Air Forces of WWII.com forum, gave these details:

I was wondering if somebody could help me find the name and group or squadron of a US fighter plane pilot who was executed shortly after his capture in 1945. I know the date and place of the event, but not his name. The persons responsible for this have been sentenced by a war crimes tribunal. I am trying to find a photograph and perhaps more information about this pilot.

and

On or shortly before Monday, April 16, 1945, a US "fighter plane pilot" crash-landed near Freilassing, a German town in the region of Bavaria, located on the other side of the river of better-known Salzburg (Austria). He survived the crash, wounded, but instead of being given medical treatment he was paraded through town, and then led to a wooded area by probably three citizens (including the town mayor, who was later sentenced to death for this episode), where he was shot to death. I believe that these events all took place on April 16, but it could be that the crash happened shortly before that.

(2) Looking at the JuNSV Dachau cases (US military trials in Germany 1945-1948) for crime location, there are three cases set in the town of Freilassing, each of which involve the same incident, matching the date given by the poster, and there is also a death sentence passed on the town mayor:

File Number: US087
Review Date: 460206
Case Number: 12-1155 (US vs. August Kobus)
Crime Category: War Crimes
Accused:
Kobus, August - Death Sentence
Court: General Military Court at Ludwigsburg, Germany 451113-451114
Country where the crime had been committed: Germany
Crime Location: Freilassing
Crime Date: 450416
Victim: POW
Nationality: American
Office: NSDAP, Ortsgruppenleiter of Freilassing; Civil Administration, Burgomaster of Freilassing
Subject of the proceeding: The accused (allegedly on orders of Berchtesgaden Kreisleiter, Stredele - see US088) shot a captured American fighter plane pilot, who had made a crash landing near Freilassing, Kreis Laufen, Upper Bavaria. The wounded American officer was denied medical treatment by the accused and instead taken to a wooded area where he was shot and killed (see also US088 and US089)

File Number: US088
Review Date: 470512
Case Number: 12-1155-1 (US vs. Bernhard Stredele)
Crime Category: War Crimes
Accused:
Stredele, Bernhard - Death Sentence (R&R: Life Sentence)
Court: General Military Government Court at Ludwigsburg, Germany 460225-460314
Country where the crime had been committed: Germany
Crime Location: Freilassing and Berchtesgaden
Crime Date: 4503- 450416
Victim: POW’s
Nationality: American
Office: NSDAP, Kreisleiter of Berchtesgaden
Subject of the proceeding: Issued orders to kill or cause to be killed all captured American airmen (see also US087 and US089)

File Number: US089
Review Date: 471117
Case Number: 12-1155-2 (US vs. Karl Boehm et al)
Crime Category: War Crimes
Accused:
Boehm, Karl - Acquittal
Von Massow, Ruediger - Acquittal
Court: General Military Government Court at Dachau, Germany 470620-470625
Country where the crime had been committed: Germany
Crime Location: Freilassing
Crime Date: 450416
Victim: POW
Nationality: American
Office: unknown
Subject of the proceeding: Participated in the killing of an American airman. The accused accompanied August Kobus (see US087) and the American pilot to the execution site (see also US088)

http://www1.jur.uva.nl/junsv/JuNSVEng/D ... Rlocfr.htm

(3) Going to the US Army Judge Advocate reviews of these cases, formerly posted on the University of Toledo (OH) website but unfortunately since removed, the case of August Kobus gives the name, rank and unit of the murdered pilot in those trials as:

Captain Chester E. Coggeshall, 343rd Fighter Squadron, 55th Fighter Group.

[David Thompson]

Here's the Judge Advocate review of the trial of, and execution order for, August Kobus, the mayor of Freilassing (part 1 of 3) [use the scroll feature to the right of the images to view the full page]. Capt. Coggeshall is identified on p. 1, and his unit on p. 2. August Kobus was hanged in the US military prison at Landsberg-am-Lech on 15 Mar 1946:

[David Thompson]

Part 2:

[David Thompson]

Part 3 (final):

[PF]

Thanks-info sent to other website

[David Thompson]

For interested readers:

There is a photograph of Capt. Chester Coggeshall here.
http://www.web-birds.com/8th/55/343/coggeshall.jpg
The 343rd Fighter Squadron webpage notes that Capt. Coggeshall's P-51 "Mustang" aircraft was named the "Cape Cod Express."
http://www.web-birds.com/8th/55/343/343rd.htm
Apparently the model-maker AeroMaster provided the markings for his aircraft on their P-51 kit.
http://www.trademe.co.nz/Toys-models/Mo ... 287979.htm

[PF]

The Link above was to similar query.
Here is link to P-51 Pilot killed query at
http://forum.armyairforces.com/Death-af ... 50519.aspx

[David Thompson]

Thanks, PF.

For readers interested in learning more about this subject generally, see these related threads:

"Other" War Crimes -- POW Lynchings
http://forum.axishistory.com/viewtopic.php?t=14467
Other War Crimes - Russelsheim Lynching Trial
http://forum.axishistory.com/viewtopic.php?t=16792
Other War Crimes - Gross Gerau Lynching Trial
http://forum.axishistory.com/viewtopic.php?t=16795
Hungarian Lynching of Allied Airmen, 1944-45
http://forum.axishistory.com/viewtopic.php?t=44064

[mcb]

Dear David,

Thank you so much for following up on my thread on the other forum. Indeed my research was not related to Lt. Col. Righetti, but rather to Lt. Coggeshall. Since posting that information and request, I put more details online:

http://recordatio.com/

The home page has some first photos related to this, and once you enter the site there is a link to an MP3 audio file of an interview recorded on July 18, 2008, which briefly introduces these events and explains how the photos are connected.

I have more than 1000 pages of documentation, and several hours of video and audio recordings related to this. As I explain on the site, I am still working on this, but I am very open to cooperation, and intend to publish as much as possible, in the highest quality possible.

Regards,

Michael C. Battilana

[link updated at the request of the author /Marcus]

[David Thompson]

Thanks, mcb. I'm glad I was able to help. Please let me know if I can do any more.

[bf109 emil]

David I read your report listed above, and thought this info might be pertinent showing the orders from OKH as to the directives behind the killing of not just US Pilot but term terror flier and it's being implementedhttp://library2.lawschool.cornell.edu/d ... June44.pdf another order used to show these crimeshttp://library2.lawschool.cornell.edu/d ... nching.pdf
as well as listing Kaltenbrunner as being the one whom ordered ruthless action to take place against allied pilots whom bailed out of airplanes stated on the bottom of page 2http://library2.lawschool.cornell.edu/d ... enberg.pdf

Now I read and understand the case and the sub fact of the actions taken against this burgoermeister and the subsequent finding of guilt...now could it have been used in his defense that the killing of this US Pilot was did so under the orders of another and thus couldn't have been refuted...what i am asking is not on the lines of his guilt for a killing, which was determined to have indeed to have taken place, but along the lines of his defense of killing to be that of an order and one which might exonerate his being found guilty to one which shows his actions where not of his own accord but to follow guidelines set forth by Kaltenbrunner and OKH?

[David Thompson]

The Defense of Superior Orders
http://forum.axishistory.com/viewtopic.php?f=6&t=126214

[bf109 emil]

David, i read a numerous amount in your topic view as to "defense in this project is the doctrine of superior orders"... I now understand how this defense could not be used or can/could lead to confusion...and i maybe beating a dead horse asking this, but the case you cited referred to a Burgomeister being held responsible and sentenced to death. I cited the orders upon which treating of allied airmen where issued by Kaltenbrunner, where i got confused and trust me at times it is easy, was you cited how orders given couldn't be used as a defense by military personal, but i must ask as the Burgomeister was more of a mayor then a military position, what was his obligation to follow an order or directive given to them by a Kaltenbrunner, whom was holding the offices of Chief of the RSHA, and President of Interpol, different or varied then say a General or other given an order by a superior military officer and thus your reply as to not a suitable defense?

My question is, was or where the Burgomeisters able to refuse an order given to them by head of the RSHA and president of Interpol? and if so refused, would they have any protection of the military as ties to them where slim and hence immediately be labeled a sympathizer and themselves summary executed for not following this directive more so then if it was a military order directed at a military person?

[David Thompson]

bf109 emil -- I don't mean to give your question short shrift, but the order seems clearly unlawful to me. Why wouldn't such a killing be regarded as simple murder under the German criminal code? Since when did a Burgomeister's job ever involve killing or inciting others to kill prisoners? What law in effect at that time would make the order legal? What authority did SS-Obergruppenfuehrer Kaltenbrunner have to order the Burgomeister to do anything? What law provided a punishment for the Burgomeister who ignored the order? What Burgomeisters were executed for refusing to obey the order?