Trial and Execution
Two trials were to be held. Although it had its faults, the Pétain trial permitted the presentation and examination of a vast amount of pertinent material. As to the second trial, a number of scholars including Robert Paxton and Geoffrey Warner are of the opinion that Laval's own trial illustrated nothing but the inadequacies of the judicial system and the poisonous political atmosphere of that purge-trial era.
During his imprisonment pending the verdict of his treason trial, Laval wrote his only book, his posthumously published Diary, which his daughter, Josée de Chambrun, smuggled out of the prison page by page.
Laval firmly believed that he would be able to convince his fellow-countrymen that he had been acting in their best interests all along. "Father-in-law wants a big trial which will illuminate everything", René de Chambrun told Laval's lawyers: "If he is given time to prepare his defence, if he is allowed to speak, to call witnesses and to obtain from abroad the information and documents which he needs, he will confound his accusers."
"Do you want me to tell you the set-up?" Laval asked one of his lawyers on 4 August. "There will be no pre-trial hearings and no trial. I will be condemned – and got rid of – before the elections."
Laval's trial began at 1:30 pm on Thursday, 4 October 1945. He was charged with plotting against the security of the State and intelligence (collaboration) with the enemy. He had three defence lawyers (Jaques Baraduc, Albert Naud, and Yves-Frédéric Jaffré). None of his lawyers had ever met him before. He saw most of Jaffré, who sat with him, talked, listened and took down notes that he wanted to dictate. Baraduc, who quickly became convinced of Laval's innocence, kept contact with the Chambruns and at first shared their conviction that Laval would be acquitted or at most receive a sentence of temporary exile. Naud, who had been a member of the Resistance, believed Laval to be guilty and urged him to plead that he had made grave errors but had acted under constraint. Laval would not listen to him; he was convinced that he was innocent and could prove it. "He acted", said Naud, "as if his career, not his life, was at stake."
All three of his lawyers declined to be in court to hear the reading of the formal charges because "We fear that the haste which has been employed to open the hearings is inspired, not by judicial preoccupations, but motivated by political considerations." In lieu of attending the hearing they sent letters stating the shortcomings and asked to be discharged from the task of defending Laval.
The court carried on without them. The president of the court, Pierre Mongibeaux announced that the trial must be completed before the general election—scheduled for 21 October. The trial proceeded with the tone being set with Mongibeaux and Mornet, the public prosecutor, unable to control constant hostile outbursts from the jury. These occurred as increasingly heated exchanges between Mongibeaux and Laval became louder and louder. On the third day, Laval's three lawyers were with him as the President of the Bar Association had advised them to resume their duties.
After the adjournment, Mongibeaux announced that the part of the interrogation dealing with the charge of plotting against the security of the state was concluded and that he now proposed to deal with the charge of intelligence (collaboration) with the enemy. "Monsieur le Président", Laval replied, "the insulting way in which you questioned me earlier and the demonstrations in which some members of the jury indulged show me that I may be the victim of a judicial crime. I do not want to be an accomplice; I prefer to remain silent." Mongibeaux thereupon called the first of the prosecution witnesses, but they had not expected to give evidence so soon and none were present. Mongibeaux therefore adjourned the hearing for the second time so that they could be located. When the court reassembled half an hour later, Laval was no longer in his place.
Although Pierre-Henri Teitgen, the Minister of Justice in Charles de Gaulle's cabinet, personally appealed to Laval's lawyers to have him attend the hearings, he declined to do so. Teitgen freely confirmed the conduct of Mongibeaux and Mornet, professing he was unable to do anything to curb them. The trial continued without the accused, ending with Laval being sentenced to death. His lawyers were turned down when they requested a re-trial.
The execution was fixed for the morning of 15 October. Laval attempted to cheat the firing squad by taking poison from a phial which had been stitched inside the lining of his jacket since the war years. He did not intend, he explained in a suicide note, that French soldiers should become accomplices in a "judicial crime". The poison, however, was so old that it was ineffective, and repeated stomach-pumpings revived Laval.
Laval requested his lawyers to witness his execution. He was shot shouting "Vive la France!". Shouts of "Murderers!" and "Long live Laval!" were apparently heard from the prison. Laval's widow declared: "It is not the French way to try a man without letting him speak", she told an English newspaper, "That's the way he always fought against – the German way."
The High Court, which functioned until 1949, judged 108 cases, pronouncing eight death penalties, including one on Pétain but asking that it not be carried out because of his age. Only three of the death penalties were carried out: Pierre Laval; Fernand de Brinon, Vichy's Ambassador in Paris to the German authorities; and Joseph Darnand, head of the Milice.
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