CONCLUSION
In Episode 4, the Netflix series “The Devil Next Door” picks up on the eve of John Demjanjuk’s trial testimony before the Israeli court. Under Israeli law, a defendant’s failure or refusal to testify is considered evidentiary, and the court can infer guilt from such failure or refusal.
Israeli Prosecutor Michael Shaked characterizes Demjanjuk as “having chosen the best defense. His defense is ‘I was not here, not here, not here. I was a POW.’ ” Shaked then asks incredulously, “How can you break such an alibi?” Most attorneys would answer that, as a prosecutor, you “break” the alibi by proving that Demjanjuk was at Treblinka.