Thursday, October 27, 2005


SASKATOON,SK,CANADA ( That should bring some ads no one will look at!)

Today a court ruled that David Milgaard,a man made Internationally famous by being one of the first of many convicted murderers to be exonerated by the then new science of DNA evidence,must be willing to appear and testify at the public hearing ordered to look into the circumstances that lead to his wrongful conviction.
His refusing to do so would cause him to lose his standing before the community,and also vacate the order that he be allowed publicly funded legal consul.
In other words,he must appear,and testify about his own culpability in getting convicted.
Yes,we put you in jail for 23 years,subjected you to beatings,rapes,stabbings and gunshot wounds,but it's your own fault,and if you would have just had the decency to have been caught in,oh lets say,Texas,we would not be having this debate,we would have executed your ass long before finding out you were innocent.
Huh? what's that,you say talking about it causes mental stress,gee,we can't see why,and further more,why should we pay for your lawyer?it was you who went and got yourself convicted,it had nothing to do with the beatings,intimidations and threats that made to those that bore you false witneses.It not our fault the police hated you,you brought that on your self with your Hippie ways and radical views.
It's your fault evidence was "lost"and alibi witnesses where never revealed to the defense,and who where told they would be jailed themselves if they persisted in telling the truth.
It's not our fault we refused to let the DNA sample be tested for five years,forcing the Supreme Court to finally allow your MOTHER to have a sample taken to the UK for testing.Why should we then believe British scientists? better to wait and see if the great ones to the south agree.

Let me fill in some gaps here for those of you perhaps not familiar with this case.
Lets go back to one of the coldest nights of the year,Jan. 31,1969.The location,about 440 yards (screw metric,I'm to old) from where I am sitting right now.
Gale Miller,a nursing student is found frozen in the snow,her clothing ripped and torn,her lifeless body almost covered by the drifting snow..She had been brutally raped and beaten before finally being fatally wounded by stab wounds, from a large kitchen butcher knife.
Saskatoon did not then have the honour of being the Murder Capital of Canada,so this horrendous crime raised an outcry of rage,it had to be solved,and solved now!
Now add in a carefree,and perhaps a little to full of bravado seventeen year old "hippie drifter"who the police already suspect in a few "B&E's( so they claimed) and you have the perfect patsy to "solve" this horrendous act,one that the citizens of this small prairie city would not tolerant.and did he not "confess"to his friends?
It was said that in a drunken moment he had made stabbing motions into a pillow,saying "yeah I did it,you had better watch out for me,I'm dangerous" or words to that effect.I may be getting on,but I remember telling some pretty good ones to impress the others when I was a hormonal teen-ager,including taking credit for things I really had no involvement in,but said I was to be "cool"
How about you?ever say something to make someone think you were a tough guy? come on,be honest,and was there a person of opposite sex there? huuum??
To summarize,the cops heard about this "confession",hauled in his "friends" and after 36 hours,had their statements.
Almost immediately after his conviction,witnesses came forward that would clear David if they had testified at trial,and the witnesses that caused the whole mess started recanting,telling of the abuse and threats that caused them to testify in the first place.
I will not go into all the details,they are easily obtained,I recommend this web site but needless to say,David Milgaard,after a trial that as been described as a circus,with the police and prosecutors playing the parts of clowns,was convicted of Murder,and spent 23 years in various prisons across the country.He was offered parole repeataly,all he had to do was "show remorse and take responsibility for his actions.What sort of man does it take to remain firm,and even when it means getting out if you confess,you stands pat and proud,I AM NOT GUILTY! a better man then me!
I once" confessed"to 1o counts of fraud I had not committed,in order to save myself 60 days.He suffered another eight years from the time he was eligible for parole and from when he was finally freed.They tired,but they did not ever break his spirit,and that still ranks in some minds I believe.They are trying all over again to break him.
He is under care of mental health workers,and as been told that the stress of testifying is against his best interests.
Perhaps one of the crulest twists to this story is the fact that the man later convicted of the murder of Ms Miller,Gary Fisher,served time right along side David for years.He served an extended term for vilonet rapes,and if he had been man enough to clear David,he himself might now be free on parole instead of starting his 25 to life.He was convicted of raping women in Sasatoon right at the time of Gail's murder,and the defense then pointed to him,but NO follow up investigating was done.They had their man.

I had the good(? )fortune to get to know David briefly,when he was being held at the provincial correctional during one of his appeals,where I was also a guest,and I think that it is that personal knowledge that as drove me to finally get at this keyboard again.I promise my silence is over!

They now want to put David on the witness stand and cross examine him,trying to save their asses by making him look guilty all over again.
Like all stories,there are two sides,and the Crowns contention is that they have the rights the same as anyone else to face their accusers,or in this case,Mr Milgaard.Mr.Milgaard called for a Public Enquiry,therefore he should be held accountable.
It is MY contentsion,that it was not Mr.Milgaard who ordered this public enquiry (13 years after freeing him) it was the People of this great Province and Country.It is US the CITIZENS that are accusing you of incompetence at the best,criminal neglect and evidence tampering at the worst.It is not up to Mr.Milgaard to prove himself again,it is time for you,Mr.Crown to stand up and accept responsibility for the wrong your incompetence and I say illegal handling of the case.
David as been through Hell already,and claims that even thinking about reliving those horrible days by having to testify,leaves him shaken and physically ill.He as been(and who amongst us would not have) diagnosed with Post Traumatic Stress Syndrome,and is undergoing therapy on a regular basis.His return to society as not always been smooth,23 years behind bars does little in teaching you how to fit and function in "normal society",but I will not now,or ever,bring up mud.Hang tough Davy!
His only hope now of avoiding the risk of re-arrest for contempt for refusing to testify,lays in the hands of Judge Edward MacCallum,who as finally agreed to hear from mental health experts before making a final decision.He as given the defense until Nov 8th to make available all reports,a little over two weeks to prepare 13 years of medical evidence,or to have Mr Milgaard before him. Gee thanks Judge!

I say,it's time to let David rest.What's your view?I will publish the bad with the good comments,or if you have a cause or injustice you would like me to report on,simply email details to



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Blogger toodles said...

I think the way Mr. Milgaard has been treated is truly obscene and the truth of it is that he would still be imprisoned today if it weren't for the love and tenacity of his mother. She never stopped believing in his innocents
and went far above the call of duty to keep his situation in the public eye. She never gave up. It shows the power of a mother's love.

27/10/05 9:31 AM  
Blogger Meg said...

It is about time the legal system started to take responsibility for their huge 'mishap of justice'... what man stands up and does not falter his claim of innocence, even if it means he stays behind bars? This guy has lost so many years for a crime that was not dealt with properly.
Discusting, and extremely heart wrenching.
Thanks Doug for bringing it to light.

28/10/05 1:32 AM  

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