—Kalymon, 92, is still in Michigan despite exhausting appeals earlier this year in a process that took nine years. Prosecutors said Kalymon, who was born in Poland, was a member of the Nazi-sponsored Ukrainian Auxiliary Police in Lviv, which rounded up Jews and imprisoned them. Prosecutors said Kalymon also shot Jews. He was ordered deported to Ukraine, Poland, Germany or any other country that would take him. His attorney, Elias Xenos, said his client was a teenage boy who was essentially guarding a sack of coal.
"That's not the government's position, of course. But they've run out of true persecutors, and they are trying to now prosecute people on the fringes," Xenos said.
He said he is not aware of any country that has agreed to take Kalymon, who he said has Alzheimer's disease and cancer.
In Poland, prosecutor Grzegorz Malisiewicz said an investigation of Kalymon was closed in January because authorities couldn't definitively tie him to crimes committed in 1942. In Germany, Munich prosecutors have been investigating Kalymon on suspicion of murder since 2010.
Efraim Zuroff, chief Nazi hunter for the Simon Wiesenthal Center, said many countries lack the political will to accept suspected Nazi criminals who have been ordered deported: "I don't think it's any lack of effort by the American government."
Germany has taken the position that people involved in Nazi crimes must be prosecuted, no matter how old or infirm, as it did in the case of retired Ohio autoworker John Demjanjuk. He died last year at age 91 while appealing his conviction of being an accessory to 28,060 murders while a guard at the Sobibor death camp.
Before that case, Germany had been reluctant to prosecute Nazi war crimes suspects who weren't German citizens, said Stephen Paskey, a former Justice Department attorney who worked on the Demjanjuk and Zajanckauskas cases. Germany has also resisted accepting those who are ordered deported because, like other countries, it doesn't want to be seen as a refuge for those with Nazi pasts, the Department of Justice said.