David Milgaard
Encyclopedia
David Milgaard is a Canadian
who was wrongfully convicted for the murder
and rape
of nursing
assistant Gail Miller.
from a grain elevator
outside Aylesbury, Saskatchewan
.
While the friends were in Saskatoon, a 20-year-old nursing student, Gail Miller, was found dead on a snowbank. At the time Milgaard and his friends were picking up their friend, Albert Cadrain, whose family was renting out their basement to Larry Fisher
.
Tipped off by Cadrain, who admitted he was mostly interested in the $2,000 reward for information, British Columbia
police arrested Milgaard in May 1969 and sent him back to Saskatchewan
where he was charged with Miller's murder. Cadrain testified that he had seen Milgaard return the night of Miller's murder in blood-stained clothing.
Both Ron and Nichol were also called to testify against him. They had told police that they had been with Milgaard the entire day and that they believed him to be innocent, but they changed their stories for the court. Ron later recanted his testimony claiming that he had been told he was personally under suspicion and wanted to alleviate the pressure on himself.
Milgaard was convicted of murder and sentenced to life in prison
on January 31, 1970, exactly a year after Miller's murder.
, Lloyd Axworthy
addressed the Parliament:
"...I wish to speak of a travesty of justice. I speak of the plight of David Milgaard who has spent the last twenty-one years of his life in prison for a crime he did not commit. Yet for the last two years, the Department of Justice has been sitting on an application to reopen his case…. But rather than review these conclusive reports, rather than appreciate the agony and trauma of the Milgaard family, the Minister of Justice refuses to act."
Parliament acted, and rejected Milgaard's application for a Conviction Review. In her 1996 autobiography Time and Chance, former Prime Minister (then Justice Minister) Kim Campbell
devotes an entire chapter to Milgaard. In this she claims that one of the main reasons for the delay in acting on the request to reopen his case was due to the fact that Milgaard's lawyers continually added new documentation to the file, which slowed the process in regard to when she could begin the review proceedings.
to the Supreme Court of Canada, which recommended that Milgaard's conviction be set aside. Kim Campbell
, then the federal Minister of Justice
, ordered, pursuant to section 690 of the Criminal Code
, that a new trial be held on the murder charge against Milgaard. However, the Government of Saskatchewan announced that it would not hold a new trial, instead entering a stay of proceedings
in the case against Milgaard, on April 16, 1992. On July 18, 1997, a DNA laboratory in the United Kingdom released a report confirming that semen samples on the victim's clothing did not originate with Milgaard -- for all intents and purposes clearing Milgaard of the crime. The Saskatchewan government then apologized for the wrongful conviction. On July 25, 1997, Larry Fisher
was arrested for the murder and rape of Ms. Miller. On May 17, 1999, the Saskatchewan government announced that a settlement had been reached with Milgaard, and that he would be paid compensation of C$10 million.
On September 30, 2003, the Saskatchewan government announced that a Royal Commission
would investigate Milgaard's wrongful conviction, and on February 20, 2004, Justice Edward P. MacCallum was announced as the Commissioner. Douglas Hodson was later appointed as commission counsel.
Linda Fisher, ex-wife of Gail's murderer Larry
lived in the neighbourhood where Gail Miller was raped and murdered, but at the time he was not seriously considered as a suspect.
Fisher was arrested, July 25, 1997 in Calgary. He was convicted November 22, 1999, and sentenced to life in prison on January 4, 2000. Due to applicable laws at the time of the crime, however, he will be eligible to apply for parole in 10 years, rather than the current 25, after the sentence. Prior to this conviction, Fisher had served 23 years for numerous rapes in the cities of Winnipeg (Manitoba), Saskatoon and North Battleford (Saskatchewan).
and in an episode of the popular documentary series "Crime Stories", produced by Partners in Motion.
The song "Wheat Kings" by The Tragically Hip
(from their 1992 album Fully Completely
) contains references to the story of Milgaard.
Canadian artist David Collier
described the Milgaard case in comics
form in his 2000 book Surviving Saskatoon.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
who was wrongfully convicted for the murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
of nursing
Nursing
Nursing is a healthcare profession focused on the care of individuals, families, and communities so they may attain, maintain, or recover optimal health and quality of life from conception to death....
assistant Gail Miller.
Arrest and trial
In January 1969, Milgaard, and his friends, Ron Wilson and Nichol John, took a trip across Canadian roads which included some drugs. Ron Wilson later testified against Milgaard, claiming that Milgaard had stolen a flashlightFlashlight
A flashlight is a hand-held electric-powered light source. Usually the light source is a small incandescent lightbulb or light-emitting diode...
from a grain elevator
Grain elevator
A grain elevator is a tower containing a bucket elevator, which scoops up, elevates, and then uses gravity to deposit grain in a silo or other storage facility...
outside Aylesbury, Saskatchewan
Aylesbury, Saskatchewan
-See also:* List of communities in Saskatchewan* Villages of Saskatchewan-External links:*********-References:...
.
While the friends were in Saskatoon, a 20-year-old nursing student, Gail Miller, was found dead on a snowbank. At the time Milgaard and his friends were picking up their friend, Albert Cadrain, whose family was renting out their basement to Larry Fisher
Larry Fisher
Larry Fisher is a Canadian who was convicted in 1999 of a murder he committed 30 years earlier.On 31 January 1969, Gail Miller was raped and murdered in Saskatoon, Saskatchewan...
.
Tipped off by Cadrain, who admitted he was mostly interested in the $2,000 reward for information, British Columbia
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
police arrested Milgaard in May 1969 and sent him back to Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
where he was charged with Miller's murder. Cadrain testified that he had seen Milgaard return the night of Miller's murder in blood-stained clothing.
Both Ron and Nichol were also called to testify against him. They had told police that they had been with Milgaard the entire day and that they believed him to be innocent, but they changed their stories for the court. Ron later recanted his testimony claiming that he had been told he was personally under suspicion and wanted to alleviate the pressure on himself.
Milgaard was convicted of murder and sentenced to life in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
on January 31, 1970, exactly a year after Miller's murder.
Review and release
Milgaard appealed his conviction several times, but was blocked both by bureaucracy and by a justice system unreceptive to those who were not willing to admit their guilt. His formal application was completed in 1988, but was not considered until 1991 after Liberal MPMember of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
, Lloyd Axworthy
Lloyd Axworthy
Lloyd Norman Axworthy, PC, OC, OM is a prominent Canadian politician, statesman and University President from Manitoba. He is best known for having served as Minister of Foreign Affairs in the Cabinet chaired by Prime Minister Jean Chrétien...
addressed the Parliament:
"...I wish to speak of a travesty of justice. I speak of the plight of David Milgaard who has spent the last twenty-one years of his life in prison for a crime he did not commit. Yet for the last two years, the Department of Justice has been sitting on an application to reopen his case…. But rather than review these conclusive reports, rather than appreciate the agony and trauma of the Milgaard family, the Minister of Justice refuses to act."
Parliament acted, and rejected Milgaard's application for a Conviction Review. In her 1996 autobiography Time and Chance, former Prime Minister (then Justice Minister) Kim Campbell
Kim Campbell
Avril Phædra Douglas "Kim" Campbell, is a Canadian politician, lawyer, university professor, diplomat, and writer. She served as the 19th Prime Minister of Canada, serving from June 25, 1993, to November 4, 1993...
devotes an entire chapter to Milgaard. In this she claims that one of the main reasons for the delay in acting on the request to reopen his case was due to the fact that Milgaard's lawyers continually added new documentation to the file, which slowed the process in regard to when she could begin the review proceedings.
Supreme Court of Canada reference and subsequent events
The federal government submitted a reference questionReference question
In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation....
to the Supreme Court of Canada, which recommended that Milgaard's conviction be set aside. Kim Campbell
Kim Campbell
Avril Phædra Douglas "Kim" Campbell, is a Canadian politician, lawyer, university professor, diplomat, and writer. She served as the 19th Prime Minister of Canada, serving from June 25, 1993, to November 4, 1993...
, then the federal Minister of Justice
Minister of Justice (Canada)
The Minister of Justice is the Minister of the Crown in the Canadian Cabinet who is responsible for the Department of Justice and is also Attorney General of Canada .This cabinet position is usually reserved for someone with formal legal training...
, ordered, pursuant to section 690 of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, that a new trial be held on the murder charge against Milgaard. However, the Government of Saskatchewan announced that it would not hold a new trial, instead entering a stay of proceedings
Stay of proceedings
A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial. The court can subsequently lift the stay and resume proceedings. However, a stay is sometimes used as a device to postpone proceedings indefinitely.-United Kingdom:In United...
in the case against Milgaard, on April 16, 1992. On July 18, 1997, a DNA laboratory in the United Kingdom released a report confirming that semen samples on the victim's clothing did not originate with Milgaard -- for all intents and purposes clearing Milgaard of the crime. The Saskatchewan government then apologized for the wrongful conviction. On July 25, 1997, Larry Fisher
Larry Fisher
Larry Fisher is a Canadian who was convicted in 1999 of a murder he committed 30 years earlier.On 31 January 1969, Gail Miller was raped and murdered in Saskatoon, Saskatchewan...
was arrested for the murder and rape of Ms. Miller. On May 17, 1999, the Saskatchewan government announced that a settlement had been reached with Milgaard, and that he would be paid compensation of C$10 million.
On September 30, 2003, the Saskatchewan government announced that a Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
would investigate Milgaard's wrongful conviction, and on February 20, 2004, Justice Edward P. MacCallum was announced as the Commissioner. Douglas Hodson was later appointed as commission counsel.
Milgaard Inquiry Results
On September 26, 2008, Justice Minister Don Morgan released the findings of the Milgaard inquiry. Among its recommendations it includes a call for the federal government to create an independent body to review allegations of wrongful conviction. The report noted that if such a body already existed, Milgaard might have been released from jail years before he actually was.Linda Fisher, ex-wife of Gail's murderer Larry
- //www.canada.com/saskatoonstarphoenix/news/local/story.html?id=385773c6-ce93-4a4e-b9a5-c3b9415773c0 |title=Police missed opportunity to reopen case |publisher=The StarPhoenix, Saskatoon, Saskatchewan, Canada |date=September 27, 2008}} The inquiry report released by Justice MacCallum states that “[w]hile MacCallum noted that Milgaard's family members mounted a formidable public awareness campaign, their efforts also created tension and resentment within the police and the Crown's office.” This is seen by some as an excuse for the failure of the Saskatoon police to investigate Larry Fisher.
Larry Fisher: The Real Killer
Larry FisherLarry Fisher
Larry Fisher is a Canadian who was convicted in 1999 of a murder he committed 30 years earlier.On 31 January 1969, Gail Miller was raped and murdered in Saskatoon, Saskatchewan...
lived in the neighbourhood where Gail Miller was raped and murdered, but at the time he was not seriously considered as a suspect.
Fisher was arrested, July 25, 1997 in Calgary. He was convicted November 22, 1999, and sentenced to life in prison on January 4, 2000. Due to applicable laws at the time of the crime, however, he will be eligible to apply for parole in 10 years, rather than the current 25, after the sentence. Prior to this conviction, Fisher had served 23 years for numerous rapes in the cities of Winnipeg (Manitoba), Saskatoon and North Battleford (Saskatchewan).
The Milgaard case in popular culture
To date, the David Milgaard case has been the subject of three movies: the 1992 documentary "The David Milgaard Story", directed by Vic Sarin, the 1999 docudrama "Milgaard", directed by Stephen Williams and starring Ian TraceyIan Tracey
Ian Tracey is a Canadian Leo- and Gemini Award-winning actor. Over the years, Tracey has participated in over seventy films and television series. Tracey has starred in series like Da Vinci's Inquest and Intelligence, both CBC television series produced by long-time colleague Chris Haddock...
and in an episode of the popular documentary series "Crime Stories", produced by Partners in Motion.
The song "Wheat Kings" by The Tragically Hip
The Tragically Hip
The Tragically Hip, often referred to simply as The Hip, is a Canadian rock band from Kingston, Ontario, consisting of Gordon Downie , Paul Langlois , Rob Baker , Gord Sinclair and Johnny Fay . Since their formation in 1983 they have released 12 studio albums, two live albums, and 46 singles...
(from their 1992 album Fully Completely
Fully Completely
Fully Completely is the third full-length album by Canadian rock band The Tragically Hip. It reached #1 on the RPM Top 100 albums chart, their second album to do so. The album is listed at #5 on The Top 100 Canadian Albums by Bob Mersereau and #9 on The Top 102 Modern Rock Albums of All Time by...
) contains references to the story of Milgaard.
Canadian artist David Collier
David Collier (cartoonist)
David Collier is a Canadian alternative cartoonist best known for his fact-based "comic strip essays."- Biography :As a child, Collier was introduced to the work of Robert Crumb, whose work has been a significant influence...
described the Milgaard case in comics
Comics
Comics denotes a hybrid medium having verbal side of its vocabulary tightly tied to its visual side in order to convey narrative or information only, the latter in case of non-fiction comics, seeking synergy by using both visual and verbal side in...
form in his 2000 book Surviving Saskatoon.
External links
- Report of the Commission of Inquiry into the Wrongful Conviction of David Milgaard
- Official Website for the Royal Commission into the Wrongful Conviction of David Milgaard
- CBC.ca Indepth: Timeline of David Milgaard story
- CBC Digital Archives: The Wrongful Conviction of David Milgaard
- Supreme Court of Canada opinion Reference re Milgaard (Can.),
[1992] 1 S.C.R. 866