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At the tender age of 16, David Milgaard was accused
of raping and murdering Gail Miller, a young
nursing aide in Saskatoon, Saskatchewan. He spent 23 years behind bars
while his mother, Joyce, launched a one-woman campaign to free her son.
Nicknamed by Homemaker Magazine as the "Gumshoe Mom," Joyce took David's
case right up to the Supreme Court, along with lawyers Hersh Wolch and
David Asper. In 1992, the court ruled that keeping Milgaard in prison
would constitute a miscarriage of justice, given the fact that the
original witnesses, who had spoken up against Milgaard, had since
retracted their testimonies. They were frightened and confused teenagers
at the time of Miller's death, and had been coerced by the police into
fingering Milgaard. Although a serial rapist by the name of Larry Fisher
had been operating in Saskatoon, and even lived in the very building that
Milgaard had visited on the day of the rape, the police insisted on
focusing their attention on David.
After the historic Supreme
Court decision that freed Milgaard in 1992, he was left in a state of
legal limbo. His lawyers, family and supporters continued their battle to
exonerate him. It took five years for DNA to prove conclusively that
Milgaard had not killed Gail Miller and two more years for David and his
family to receive a $10 million compensation package, and an apology from
the government of Saskatchewan
(You can view the entire transcript of Justice Edward P.
MacCallum's Judicial Enquiry into the Wrongful Conviction of David
Milgaard on line at
http://www.milgaardinquiry.ca/DMfinal.shtml.) |