Vilis HāznersJudicial review and denial of motion to appeal

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The witness testified that the name Hazners came back to him right away when he saw the respondent's photograph during the course of a January 5, 1977 interview (Tr. p. 5511). He had only heard that name before on July 14 and 15, 1841 at the Riga police headquarters where he heard the guards addressing the man as Captain Hazners (Tr. p. 5032). He never learned the man's first name, only the last name (Tr. p. 5353, 5534). He picked out photograph number four of original Exhibit G5 for identification as a photograph Of the man he believed to be "Hazners" over the respondent's continuing objection (Tr. p. 5135). He described the man as wearing civilian dress without a hat, slightly taller than medium height, hair slightly dark, not black, but darkish, parted at the side. He had a normal face, not too wide and was middle aged. He saw the man from a distance of approximately five to six meters (Tr. p. 4866, 4957, 5348, 5359, 54410). He could not recall whether the man wore glasses. He testified that even though he lives in the same city and travels to work with Mr. Wulfowitz and sometimes they meet each other, they never discussed their experiences at the Riga police headquarters (Tr. p. 53911, 539A12). He also never discussed his testimony with Mr. Loewenstein, with whom he works at the same bank (Tr. p. 67713). The witness declined to participate in any in court identification because he was unable to recognize anyone without his glasses (Tr. p. 51714).

Another witness was Mrs. Chawa Ljak who claims to have been born in 1906 at Daugavpils, Latvia where she was residing when the Germans invaded at the end of June 1941. She was then 35 years old. She immigrated to Israel in September of 1972. She testified that she saw "Hazners" at the Daugavpils ghetto where he struck her husband's sister with a club sometime between August 5 and August 15, 1941. She observed this incident from the second story window of the building where she was living at approximately 8 a.m. before going to work. She saw him there three or four times after that (Tr. p. 58215, 58316, 60617). She testified that she learned the name Hazners after she picked out a photograph and Inspector Radiwker told her the name of the man was Hazners (Tr. p. 59318). But she also testified "when I came home I did recollect exactly the name Hazners" (Tr. p. 62119). She never explained how she learned that name. She did testify that afterwards the pictures shown had their names written underneath (Tr. p. 59520).

Mrs. Ljak also identified photograph number four from original Exhibit G5 for Identification as a photograph of the man she believed to be "Hazners". It is not clear when she first saw those photographs because at first she testified that she saw eleven photographs on brown cardboard (Tr. p. 59321), but then

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