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At the age of 16, David Milgaard was accused of killing a nurse, Gail Miller in Sasketchewan. His story demonstrates how false witness confessions, tunnel vision by the police and the lack of adequate forensic techniques can lead to the break down of the justice system.

It would take 23 years of appeals and a join teffort by David and his mother Joyce to free his name of a false conviction by DNA testing.

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Fifth Estate (CBC) - A Feature of David's Case

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Fifth Estate (CBC) - A Feature of David's Case

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The journey towards Milgaard's acquittal was well followed in the media.

The CBC covered David's story and examined the shortcomings of the evidence against Milgaard such as faulty witnesses and the failure to follow up on leads by the police.
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Source: Fifth Estate - CBC 1990.
Retrieved from: https://www.youtube.com/watch?v=aILwMVg_GdY
Accessed on: December 2, 2018

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David Milgaard wrongful murder conviction: Who Killed Gail Miller? (1990) - The Fifth Estate

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CBC News: An Inquiry Reveals Factors That Contributed To The WrongFul Conviction of Milgaard

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CBC News: An Inquiry Reveals Factors That Contributed To The WrongFul Conviction of Milgaard

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This inquiry suggests that police tunnel vision hindered Milgaard's freedom.

Despite having received a tip about Larry Fisher, the police failed to follow up on it.
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Source:  CBC News - 2008
Retrieved from: https://www.cbc.ca/news/canada/the-criminal-justice-system-failed-david-milgaard-inquiry-s-report-1.762968
Accessed on: December 2, 2018

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David Milgaard, who spent 23 years behind bars for a murder he didn't commit, might have been released from jail years sooner if police had followed up on a lead they received in 1980, according to a Saskatchewan inquiry into the case.

Milgaard was 16 at the time that Gail Miller was killed in Saskatoon in 1969 and he was convicted in the case a year later. He wasn't released from prison until 1992, when the Supreme Court of Canada ruled he should get a new trial. DNA evidence eventually cleared Milgaard and helped convict another man, Larry Fisher.

A commission of inquiry's report into the case, released Friday in Saskatoon, concludes police in that city received a tip from a woman that "might have led to Fisher as a serious suspect in 1980 had it been followed up."

The report on the woman's visit to police was "received, filed, referred and possibly evaluated on a cursory basis within the Saskatoon police, but it went no further. It should have," says the report.

The conviction of Fisher, a convicted serial rapist in Saskatoon, and the ultimate exoneration of Milgaard was based upon critical DNA evidence that arose in 1997. Although Milgaard was released in 1992, the Miller case was not reopened until the new DNA evidence was available.

"The criminal justice system failed David Milgaard," concludes Justice Edward MacCallum, the Alberta judge who headed the inquiry.

Police slammed for 'critical failure' in questioning witnesses

Milgaard, who was originally from Winnipeg and now lives in Calgary, eventually received a $10-million compensation package from the Saskatchewan government. The government also called the inquiry, which wrapped up two years before the release of the report.

The 815-page report, released in two volumes, provides a comprehensive review of all elements of the Milgaard case, from the circumstances surrounding Miller's death to Milgaard's conviction and what MacCallum calls the "epic struggle" led by Milgaard's mother, Joyce, who always believed in her son's innocence.

"There is no simple explanation as to why David Milgaard was wrongfully convicted and why it took so long to reopen his case," MacCallum writes.

However, he singles out the Saskatoon police for what he described as a "critical failure" in the questioning of two key witnesses, Nichol John and Ron Wilson, friends of Milgaard who were on a road trip with him when the murder took place.

They were interviewed by Art Roberts, a police polygraph expert brought in from Calgary by Saskatoon investigators, and that evidence was key to Milgaard becoming a suspect and being found guilty, the inquiry found.

"But for the questioning of John and Wilson by polygrapher Roberts, David Milgaard would not have been charged and tried for the crime of murder," MacCallum said.

"John said that she saw Milgaard stab a woman ... that cannot be true" given that Milgaard was later cleared, MacCallum writes in the report.

"How then did she come to say it? I do not find that she deliberately lied, and I do not find that Roberts induced her to lie, although both must be acknowledged as possibilities. I ... must conclude that [Roberts] somehow pressured John into telling him what he thought to be the truth."

Police acted 'in good faith,' inquiry finds

Despite that finding, the inquiry did not find any malfeasance on the part of police. MacCallum says the investigation was done in accordance with the standards of the day and "in good faith."

"Tunnel vision, negligence and misconduct have been alleged, but not shown," the commissioner writes.

MacCallum said the trial itself was conducted "fairly" by both the Crown prosecutor and Milgaard's defence lawyer.

However, the inquiry was critical of how the judge oversaw the case.

Milgaard's defence was "prejudiced" by a judicial error in applying the rules of evidence, MacCallum says.

He says the defence case was also prejudiced by "excessive intervention by the trial judge when witnesses were testifying."

"Displays of impatience can have profound consequences," writes MacCallum, a trial judge himself in Alberta.

Joyce Milgaard's tactics sometimes hindered her case

Despite the fact that Joyce Milgaard was ultimately successful in winning her son's release from prison and in his eventual exoneration in the murder, the commissioner questioned whether her methods sometimes hindered the cause.

Joyce Milgaard and a team of investigators, lawyers and other supporters often provided information to the media that turned out to be untrue, the inquiry found.

That undermined her credibility with authorities in Saskatchewan and Ottawa, he says.

"The 'media-circus' ... was, I find, counterproductive to the reopening effort in the long-term, although it can be credited with getting Milgaard out of prison and with the quashing of his conviction."

MacCallum also dealt extensively with allegations of a coverup and negligence directed at public officials connected with the case.

"[T]he media campaign weakened confidence in the administration of justice and unfairly hurt the reputation of many individuals involved in the investigation, trial and review of Milgaard's conviction," the report says.

Create independent body on wrongful convictions, inquiry urges

The commission calls for the federal government to create a new independent body in Canada to review allegations of wrongful convictions.

"Had such an agency been in place in 1980, the investigation into the death of Gail Miller would probably have been reopened," MacCallum writes.

He said that commissions of inquiry like his, which cost $10 million, could be avoided if such an agency was in place. MacCallum acknowledged it was a very "expensive exercise."

"If significant public expenditure can be avoided by the establishment of a truly independent, transparent and effective investigative agency, it should be done."

The commission made 13 recommendations in total, including a call for more facilities to support complex autopsies for sudden death cases.

Milgaard 'very pleased' with report

At a news conference after the release of the report, Joyce Milgaard supported the call for an independent body to review allegations of wrongful convictions.

When asked about commission criticism directed at her for how she pursued the matter, she replied: "I did what I felt was necessary."

David Milgaard - who was not in Saskatoon for the report's release - is "very pleased" with the inquiry's findings, Hersh Wolch, a longtime lawyer for the Milgaards, told reporters.

Police methods improved: Saskatoon chief

Clive Weighill, chief of the Saskatoon Police Service, said he has reviewed the report and accepts the findings.

"I respect and agree with the findings of the commissioner in regard to the Saskatoon Police Service and the many other agencies involved," he said in a news release.

He said investigative practices have changed since Milgaard's conviction.

"The Saskatoon Police Service and policing in general have adopted new methodologies and technologies to substantively reduce the likelihood that someone would be wrongfully accused."

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'The criminal justice system failed David Milgaard': inquiry's report | CBC News

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David Milgaard, who spent 23 years behind bars for a murder he didn't commit, might have been released from jail years sooner if police had followed up on a lead they received in 1980, according to a Saskatchewan inquiry into the case.

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After many appeals, the case of David Milgaard was re-examined after Linda Fisher suggested the her husband is the murderer of Gail Miller.

Larry Fisher had a history of Rape and sexual assault around Saskatchewan. He also lived a block away form the crime scene, in Albert Caldrain's basement.
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Source:  CBC News -January 25 2006
Retrieved from: https://www.cbc.ca/news/canada/saskatchewan/fisher-s-ex-wife-suspected-he-was-killer-inquiry-hears-1.577856
Accessed on: December 2, 2018

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An American private investigator says he was convinced of David Milgaard's innocence within days of becoming involved in the case.

Milgaard spent 23 years behind bars for the 1969 murder of Saskatoon nursing assistant Gail Miller.

Paul Henderson works for Centurion Ministries, a group that investigates cases of possible wrongful conviction. He testified in Saskatoon on Tuesday at the inquiry into Milgaard's wrongful conviction.

He said Milgaard's case seemed pretty straightforward to him and the evidence didn't point to Milgaard being the killer.

Centurion Ministries became involved after Joyce Milgaard placed a newspaper ad looking for the wife of a convicted rapist.

Linda Fisher, the ex-wife of Larry Fisher, the man ultimately convicted of the rape and murder, answered the ad to say she'd be willing to talk about suspicions she had about him. At the time, Larry Fisher was serving a prison term for sexual assault.

Henderson said even before he spoke to the ex-wife he was convinced Larry Fisher was a much better suspect in the murder than Milgaard. After she told him she thought Fisher was the killer, he was even more convinced.

The Fishers lived in the same house David Milgaard visited the day of the murder.

"My feelings were that this was a very bizarre set of circumstances that pointed to the wrong man," he said.

Based on her statement Henderson's boss assigned him to the Milgaard case.

It was Henderson who eventually got a retraction from one of the Crown's key witnesses.

He was to be questioned further at the inquiry on Wednesday.

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Fisher's ex-wife suspected he was killer, inquiry hears | CBC News

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An American private investigator says he was convinced of David Milgaard's innocence within days of becoming involved in the case. Milgaard spent 23 years behind bars for the 1969 murder of Saskatoon nursing assistant Gail Miller. Paul Henderson works for Centurion Ministries, a group that investigates cases of possible wrongful conviction.

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Joyce Milgaard is the mother of David Milgaard. She was an active advocate in the David's appeal process. She was able to gather up information and eye witnesses that the police overlooked. She was pivotal in the development of the positive attitude of the public about David's case and his innocence.
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Author: Justine Atienza

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After an entire discussion about David Milgaard, it is important to recognize the face of the man who killed Gail Miller.

It would take almost 30 years until Larry Fisher, the ex-husband of Linda Fisher, would be convicted of the crime.

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CBC News: DNA Testing Proves David Milgaard's Innocence 

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CBC News: DNA Testing Proves David Milgaard's Innocence 

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DNA evidence, analyzed in the UK, removed any doubts about David Milgaard's involvement in the murder of Gail Miller. It also pointed to the real suspect, Larry Fisher.

Source: CBC Digital Archives July 8 1997
Retrieved from: https://www.cbc.ca/player/play/1809534959
Accessed on: December 2, 2018

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Sophisticated independent testing in the United Kingdom proves David Milgaard didn't kill Gail Miller â�� and suggests Larry Fisher did.

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In 2017, it has been 25 years later since Milgaard was exonerated. To this day, his wrongful conviction is remembered and studied by many Canadians.

Source: CBC News April 16 2016
Retrieved from: https://www.cbc.ca/news/canada/saskatchewan/david-milgaard-25th-anniversary-of-release-1.4071825
Accessed on:  December 2, 2018

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David Milgaard has been out of jail for 25 years now - but spent nearly that much time in a Saskatchewan prison for a murder he didn't commit.

Sunday marks 25 years since Milgaard was released from prison, after a court ruled he should have a new trial in the 1969 murder of Saskatoon nursing aide Gail Miller.

Saskatchewan decided not to prosecute him again, although he was not formally exonerated until 1997 and he was still legally considered a convicted killer at the time of his release.

Speaking at a University of Saskatchewan panel on wrongful convictions in 2015, Milgaard said he still sometimes felt angry about his experience, especially when speaking with others who have been wrongfully convicted.

"But I hope that in my presentations and the way that I try to bring a picture to people that listen to me talk, that it's done [with] ... generosity, caring and concern," he said.

Milgaard, who is from Winnipeg, was 16 at the time of the murder and was passing through Saskatchewan when Miller's body was found.

He was convicted in 1970 and sentenced to life in prison. ​In 1971, the Saskatchewan Court of Appeal and the Supreme Court of Canada both refused to hear Milgaard's appeal.

Seventeen years later, his team of lawyers applied to have the case re-opened.

Although he maintained his innocence and fought the conviction for years, he spent more than two decades in prison before his release in April 1992.

"The criminal justice system failed David Milgaard," concluded the Alberta judge who headed an inquiry into Milgaard's wrongful conviction that began in 2005.

In his 2008 report, Justice Edward MacCallum also noted the "epic struggle" led by Milgaard's mother, Joyce, who also maintained her son's innocence and fought for his release.

Serial rapist Larry Fisher was later linked to Miller's murder through DNA evidence. Fisher was arrested in 1997, 28 years after the murder of Gail Miller, and convicted in 1999. He died behind bars at the age of 65 in 2015.

The same DNA evidence was also used to help free Milgaard.

The inquiry's report revealed that police in Saskatoon received a tip in 1980 potentially pointing to Fisher as a suspect, but it was never followed up.

Milgaard received $10 million in compensation from the province for his wrongful conviction in 1999.

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Wrongfully convicted David Milgaard released from prison 25 years ago | CBC News

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David Milgaard has been out of jail for 25 years now - but spent nearly that much time in a Saskatchewan prison for a murder he didn't commit. Sunday marks 25 years since Milgaard was released from prison, after a court ruled he should have a new trial in the 1969 murder of Saskatoon nursing aide Gail Miller.

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CBC News: David's $ 10 million compensation

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CBC News: David's $ 10 million compensation

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After David's acquittal, he was granted 10 million dollars in compensation as well as a public apology from the federal and provincial government.

Source: CBC Digital Archives May 17 1999
Retrieved from: https://www.cbc.ca/player/play/1809533080
Accessed on: December 2, 2018

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David Milgaard gets $10 million compensation package

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David Milgaard, his family and lawyers will share compensation from Ottawa and Saskatchewan.

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With the Milgaard's efforts, David's story struck a chord with many Canadians.

His story was told in many mediums such as books, movies and tv specials.
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