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Saturday March 20 2010 08:15:44 EDTThe year of the Milgaard Inquiry (36 years in the making)

Pre-inquiry publicity | 2004 | Day 2 | Lockyer shows similarities with Guy Paul Morin investigation | Profile on Joyce Milgaard | Terry Arnold: Reported suicide of snitch raises questions about thoroughness of Sophonow Inquiry (Chief Ewatsky suppressed vital information) New: Blogging RCMP Informants

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Commission of Inquiry Into the Wrongful Conviction of David Milgaard

page one

Milgaard inquiry gets off to a disappointing start > > 2

Day 1: Morning: Soft soap and smoothtalking from commission counsel and police lawyer set the stage for another useless enterprise

Saskatchewan citizens want to know what went so terribly wrong 36 years ago and they want some evidence that the system has been fixed. This morning, we heard from Commission counsel Douglas C. Hodson and Police counsel, Richard Elson. (Information is posted on the inquiry website.)

Hodson went through a chronology of events outlining how the evidence will be brought in. He used a Power Point production to a large screen at the front of the room and the media was all hooked up with moniters. He was able to higjlight paragraphs in documents to which he referred All the technology in the world. Over 100 witnesses will be called,many documents examined, blah, blah, blah.

The presentation became interesting on page ten, May 29, 1993: David Milgaard files a statement of claim in Court of Queen's Bench against Serge Kujawa, Thomas David Roberts Caldwell, The City of Saskatoon, Eddy Alexander Karst, Raymond William Mackie, and Charles Short. Period. Then, on page 11: April 19, 1997: Saskatchewan Justice Minister Nilson announces that the government of Saskatchewan will enter into negotiations with David Milgaard for wrongful conviction and that an inquiry will be held. Then, top of page 12: Saskatchewan Justice Minister Nilson announces that a settlement has been reached in the David Milgaard matter and that compensation will be paid in the amount of $10 million.

The presentation does not disclose that Milgaard sued for malicious prosecution, choosing instead the generic term "wrongful conviction" throughout.

That was why the government was prepared to settle out for such a princely sum. Milgaard had a good case and the government did not want to go to court and have the case heard by a proper trier of facts. By settling, they felt free to go on claiming that they had never been found liable for malicious prosecution, a claim they have made over and over again --until December 29, 2003 when they were found to have acted maliciously in prosecuting the Klassen/Kvello families. (They are now appealing that ruling, promising Richard Klassen last spring that they would expedite the appeal so that Klassen could be done with it.. Instead, they have wilfully slowed down the process by applying for intervenor status.)

So: the inquiry counsel has told us that malice is not one of the elements it intends to dig into.

Elson, speaking on bahalf of the Saskatoon Police, was emphatic in stating and restating Chief Sabo's desire to fully cooperate with the Commission and to state that there had been many changes in police procedures since 1969. He also spoke of the 1991 Stinchcombe decision as being "a change in the law." We point out again that the Stinchcombe ruling regarding the Crown's obligation to disclose all material to the accused was not a change in the law but a reiteration of principles already established. The erosion of these principles built to such recklessness that by 1991, a judge felt it necessary to spell out exactly what the crown was expected to disclose: everything. Since Stinchcombe, the Crown and Saskatoon police have continued to withhold important information whenever they have thought they could get away with it.

As we proceed through the 120 days which have been set aside for this inquiry, I hope we will hear how the Saskatoon police and RCMP used ruses and lies to keep from the Milgaard family information which would have been crucial for David Milgaard as he set about to appeal in the early days of his incarceration.

Meanwhile, we all know that the government is continuing to act with malice and the Saskatoon Police are far from cleaning up their act.--Sheila Steele, January 17, 2005


Milgaard inquiry opens
Police lawyer says don't judge force by today's standard

 Betty Ann Adam, The StarPhoenix, Tuesday, January 18, 2005

A judicial inquiry that will explore 36 years of activity, involving up to 200 witnesses and referring to 150,000 pages of documentary evidence, began Monday in Saskatoon with testimony about a sociable young nursing assistant whose 1969 murder led to Canada's longest imprisonment of a wrongfully convicted man.

The commission of inquiry into the wrongful conviction of David Milgaard heard the simple testimony of two women who lived in the same rooming house on Avenue O South as Gail Miller, but introductory remarks by commission counsel Doug Hodson indicate the path through all the evidence will be anything but straightforward.

Many of the witnesses have participated in one way or another at various times throughout the period covered by the inquiry, which begins examining events three months before Miller's death with sexual assaults committed by convicted murderer Larry Fisher, and continues to 2004, when the Supreme Court of Canada dismissed Fisher's request for leave to appeal after he was convicted of killing Miller.

Between those points were the murder, the investigation, Milgaard's trial and appeals, Fisher's other crimes, investigations of those and his convictions. There were Milgaard appeals to the federal justice minister, investigations by advocates, a review by the Supreme Court, Milgaard's release from prison, a two-year RCMP investigation into allegations of police wrongdoing, DNA tests, a $10-million compensation package for Milgaard and Fisher's trial, conviction and appeals.

The full picture of what happened will emerge in bits and pieces, with some witnesses expected to raise issues that will take months to be addressed by other witnesses scheduled to testify in later phases of the hearing.

The inquiry is scheduled for 140 days during the next 12 months. So far, about 100 of a possible 200 witnesses are scheduled to be examined and cross-examined by lawyers for the 10 parties with standing.

Milgaard has said he does not intend to sit through the inquiry but he will be called as a witness, probably in the spring. He was represented Monday by his lawyer, Hersh Wolch. His mother, Joyce Milgaard, has said she will attend most of the hearings but was not present Monday.

On Day 1 of the inquiry, commissioner Justice Edward MacCallum learned that Miller was a popular and independent young woman with a jealous boyfriend.

Witness Linda Markwart Brecelj, who was a close friend of Miller's and who lived at the same rooming house, said Miller, 20, had told her that while Miller and her boyfriend had discussed marriage, they both saw other people. The night before Miller was murdered, she invited Brecelj and another resident of the rooming house, Betty Hundt, to a birthday party another man was taking her to.

Early the next morning, another female resident of the house, Adeline Nyczai Hall, saw Miller, dressed in her white nurse's uniform and white stockings, having a cigarette as she stood looking out the second-floor hallway window. Outside, a dense ice fog shrouded the view in the -35 C temperature.

Lawyers for some of the 10 parties with standing posed questions that demonstrated their clients' point of view.

Brian Beresh, who represents Fisher, quizzed witnesses on whether police investigators followed up on all possible leads.

Beresh asked Brecelj and Hall if police asked for descriptions of three male friends who had visited Miller in the weeks before her death or if they tried to find out who might have made prank phone calls to Miller in that time.

Beresh showed that residents of the house had been known to have parties in the common room and that the outside door of the house was not always locked. He demonstrated that Miller might have been waiting for a ride to work on the morning of her death rather than going to the bus stop, thereby introducing the possibility of an unknown person with a car who might have had contact with Miller that morning.

Police lawyer Richard Elson showed that police may have saved certain questions for people who knew Miller better. He ascertained that police did not try to influence the two rooming house residents.

The Saskatoon Police Service was the only party with standing to make opening remarks before witnesses were called.

Elson said Chief Russ Sabo and the police are committed to co-operating with the inquiry and acting on any inadequacies or flaws in their processes which may be revealed by it.

But Elson also pointed out that there have been many changes in the 36 years since the original death investigation and asked that police actions of 1969 not be judged by today's standards.

There have been changes to the organization, structure and operations of the force, and forensic science has had a great impact on the way police investigate homicides and sexual assaults. As well, the law has changed since 1969, with the advent of the Charter of Rights and Freedoms, the Young Offenders Act and the more recent Youth Criminal Justice Act, changes in rules pertaining to Crown disclosure of evidence to the defence and the repeal of vagrancy laws.
© The StarPhoenix (Saskatoon) 2005


 

Milgaard inquiry promises to leave little unturned

 Les MacPherson, The StarPhoenix, January 18, 2005

Just two hours into the inquiry into the wrongful conviction of David Milgaard, and already, city police were sounding like the accused.

Of course, there is no accused in these proceedings. It's an inquiry, not a trial. That doesn't mean it won't be an ordeal for the people who contributed to Milgaard's wrongful conviction.

Foremost among them is the Saskatoon Police Service. Still reeling from the Stonechild inquiry and the Daryl Knight abandonment case before that, city police find themselves yet again under the microscope. The accusation in this case is unstated, at least officially, but police are suspected not only of contributing to Milgaard's wrongful conviction, but of subsequently covering it up. Likewise suspected is the provincial Justice Department. It is to deal with these suspicions that we're having this inquiry.

Of 10 different people and groups allowed to participate, only the police chose to offer an opening statement when the public hearing phase of the inquiry began on Monday. Delivering the statement was police service lawyer Richard Elson. He sounded more like a defence attorney, laying a groundwork of pre-emptive excuses.

That was then, Elson said of Milgaard's conviction 35 years ago. This is now. Much has changed, he said. The law has changed, police practices and organizational structure have changed, forensic science has changed, circumstances have changed and so on. Whether police culture has changed, however, is not so clear. Elson promised that police would co-operate with the inquiry and accept its recommendations. That should have gone without saying.

Not all of the mistakes happened around the time of the murder. As recently as 1992, when Milgaard was exonerated and the serial rapist Larry Fisher implicated by DNA evidence, police still seemed unwilling even to consider the notion that they were wrong. They thus allowed Fisher, the real killer, to pack his truck and leave town. This in spite of probability estimated at one in 400 million that DNA from the crime scene belonged to someone else. Fisher was arrested on the strength of that same evidence a week later by Calgary police. It will be enlightening to hear Saskatoon police explain why they let go a known serial rapist connected by DNA, among other compelling evidence, to a notorious Saskatoon murder.

Elson is but one of at least a dozen lawyers involved in this mammoth inquiry. Among them are some of the best courtroom performers in the province. When the rest of the witnesses have run this punishing gauntlet, not too many nuggets of truth will remain unexposed.

Presiding over the gauntlet is Mr. Justice Edward MacCallum. A judge of the Alberta Court of Queen's Bench, MacCallum was brought in to ensure impartiality in a case where Saskatchewan justice is under scrutiny. MacCallum has been quiet so far, but, with all those high-power lawyers to keep in line, this is not likely to last.

What MacCallum has revealed so far is a nice turn of phrase in his written decisions. For example, he was deeply unimpressed by claims that Fisher's reputation might be damaged were he not represented at the inquiry.

"Given the savagery of the Gail Miller murder and Fisher's notoriety as a violent sexual offender, I feel compelled to observe that reputation is not his most vulnerable asset."

Even so, MacCallum granted standing to Fisher to be represented at the inquiry, with his lawyer to be paid by Saskatchewan taxpayers. This would suggest that MacCallum is not afraid to make an unpopular decision.

Fisher reportedly will be among those called testify. It remains to be seen if he continues to plead innocence, as he did at his trial, unconvincingly, or if he owns up to his guilt, not only for murdering Miller but for letting an innocent man, Milgaard, wrongfully serve 23 years in prison for the crime.

Of witness heard Monday, there were but two. Both were roommates of Miller, a pretty, young nursing assistant. One of the two witnesses, Adeline Hall (then Nyczai) was then the last known person to see Miller alive. She reckons that she has since had to repeat her story to authorities no fewer than 10 times, including five times under oath.

In the hours and days after the murder, she was interviewed several times by city police. She testified at Milgaard's preliminary hearing, then again at his trial. When the case was re-opened in 1992, Hall was interviewed by the RCMP. She later gave evidence at Fisher's preliminary hearing, then again at his trial. More recently she was interviewed by inquiry lawyers before appearing before the inquiry. That makes 10 times, at least, that she's had to tell her sad story.

She hopes it was the last.

les.macpherson@TheSP.com
© The StarPhoenix (Saskatoon) 2005


Friends of Miller testify at Milgaard inquiry

CBC Jan 18 2005

SASKATOON - Two women who lived in the same rooming house as Gail Miller testified Monday about their memories of the day the 20-year-old was murdered in 1969.

Their stories were heard on the first day of the inquiry into the wrongful conviction of David Milgaard.

The two women lived in the same rooming house as the young nursing assistant. They testified about Miller's habits and social life.

Both said Miller was responsible about her job but enjoyed socializing.

The three had been to an all-night birthday party the night before Miller was killed on Jan. 31, 1969.

While none of the women's testimony is crucial to the case, at least some of the questioning was aimed at the original police investigation ­ the investigation that led to Milgaard's wrongful conviction.

Adelaine Hall told the inquiry that she was not told about a series of sexual assaults in the neighbourhood until years later.

She said even when police were investigating Miller's death, no one mentioned the attacks.

Larry Fisher was eventually convicted of Miller's murder as well as the other sexual assaults in the neighbourhood in the weeks before and after her death.

Under questioning by Fisher's lawyer, Brain Beresh, Hall said police didn't follow up on much of what she told them, including visitors Miller entertained.

Another witness, Linda Brecelj, said after her first statement to police she did not hear anything about Gail Miller's murder again until the RCMP began its review of the case nearly 25 years later.

The inquiry will hear from more of Miller's neighbours Tuesday.
 

 
Milgaard inquiry convenes
About 100 witnesses are expected at the wrongful murder conviction probe.

TIM COOK, CP, January 18, 2005  

SASKATOON -- A generation after David Milgaard was thrown behind bars for a murder he did not commit, an inquiry into his wrongful conviction began yesterday with a painstaking reconstruction of the victim's final hours. Neither Milgaard nor his mother Joyce, who worked for years to clear her son's name, were present as the first witnesses took the stand at the hearing that is expected to be the definitive word on the long and drawn-out saga.

Using police reports to verify her accuracy, Adeline Hall told of seeing her roommate, Gail Miller, shortly before she was found raped and stabbed to death in an alley on the morning of Jan. 31, 1969.

"It was very, very cold," Hall testified. "It was about -35 or so fahrenheit. Visibility was very poor . . . there was a lot of frost in the air.

"I was rushing down to have my bath and I saw Gail standing at the end of the hallway looking out onto Avenue O," Hall continued. "She was looking out the window and having a cigarette."

Hall was asked about the rooming house she lived in with Miller, 20, and several others and about Miller's morning route to the bus stop.

Another roommate, Linda Brecelj, recalled how investigators asked her about Miller's stormy relationship with a male acquaintance at the time but she didn't think he was a suspect.

"They did ask questions, but it was about a lot of people," Brecelj testified.

The testimony was the first at the inquiry that is expected to last about a year. Before it's over, about 100 witnesses will have testified and more than 300,000 documents will have been examined.

The witness list includes Milgaard, who spent 23 years in prison for Miller's murder, and Larry Fisher, the serial rapist who was eventually convicted of the crime.

Former prime minister Brian Mulroney and former Saskatchewan premier Roy Romanow are potential witnesses when the inquiry begins to look at the fight to clear Milgaard's name. Former federal justice minister Kim Campbell may also appear.

There are 10 parties with the right to ask questions of witnesses at the inquiry, including the Saskatoon police department, the RCMP and Saskatchewan Justice.

"I urge patience from the parties with standing, the media and the public," said Justice Edward MacCallum, the inquiry commissioner. "Please use restraint in speculating what the facts might be in the end."

Doug Hodson, the lawyer who co-ordinated the inquiry, said it will not simply re-examine facts brought to light.

"The commission's mandate goes far beyond the events of 1969," said Hodson. "Although the investigation and trial of 1969 and 1970 will be a significant part of the inquiry and our logical starting point, the commission will focus a considerable amount of its attention on what happened in the 27 years following Mr. Milgaard's wrongful conviction."

It took Hodson most of the morning to read out the chronology of the events that will be examined.

Outside the hearing room, Milgaard's lawyer, Hersh Wolch, said Milgaard won't likely attend most of the inquiry.

"What is the purpose for him reliving all of that?" Wolch said. "He's exceptionally interested in it, obviously, but having to relive it I think would have been very emotional for him."

Fisher's lawyer, Brian Beresh, told reporters that his client still maintains his innocence when it comes to Miller's murder.

"We still say they got it wrong the second time," Beresh said. "That's Mr. Fisher's position. He told me last week that he will go to his grave denying any involvement in this."

Milgaard was a 16-year-old hippie passing through Saskatoon on a road trip with friends on the morning when Miller was murdered.

He was convicted a year later on the strength of evidence by his friends, who implicated him after hours of interviews with police.

There was also forensic evidence loosely linked to Milgaard at the time through blood type. DNA testing was not used then.

In 1992, the Supreme Court set aside Milgaard's conviction after hearing evidence that suggested Fisher may have been responsible for the murder.

In 1997, DNA analysis cleared Milgaard's name and pointed to Fisher.

Fisher was convicted in 1999. Plans for the inquiry started last year.


Milgaard inquiry opens, to hear 100 witnesses

By GRAEME SMITH, Globe and Mail, Tuesday, January 18, 2005 - Page A6

SASKATOON -- Fran Kelly didn't know a murderer once lived in her basement. She often sits at the kitchen table of her dowdy rental on a tough street in Saskatoon and studies legal textbooks in hopes of finding work as a legal assistant, and she remembers reading about the infamous wrongful conviction of David Milgaard.

But the textbooks don't give many details about how Mr. Milgaard ended up spending 23 years in prison for a killing he didn't commit, and Ms. Kelly never confirmed the rumours around her neighbourhood that at the time of the crime, Larry Fisher, who murdered Gail Miller, lived in the house where she lives now.

"Some people say, no that's not true, Larry Fisher didn't live here," the 43-year-old said, holding open the front door of her house, a little more than a block from where Ms. Miller, a 20-year-old nursing assistant, was found raped and stabbed to death in 1969.

"He did? Oh, that's wild. It's kind of strange, knowing that."

Many more people will be surprised by the evidence from the Milgaard inquiry, lawyers said yesterday as hearings got under way. Mr. Milgaard's tale has been repeated so many times that his name is synonymous with flaws in the justice system, but those involved with the inquiry hinted that the whole story has never been told.

"We will hear things that may not have been brought out in earlier proceedings," said Douglas Hodson, the commission's lawyer. "The purpose of this is to get the entire story out, start to finish, in a public forum. . . . We want to know everything."

Mr. Hodson didn't say much about what might be revealed in the coming year as the Commission of Inquiry into the Wrongful Conviction of David Milgaard hears about 100 witnesses and sifts through more than 320,000 pages of documents.

But during his opening remarks, as he was describing the chronology of nearly 100 events that will be examined during the inquiry, he paused to read several quotations from a letter that Kim Campbell, then justice minister, sent to Mr. Milgaard's lawyer in February of 1991.

The letter rejects Mr. Milgaard's request for a re-examination of his case.

Ms. Campbell wrote that she understood the five reasons why Mr. Milgaard felt entitled to government intervention -- new witnesses contradicting others, new science discrediting the forensic evidence, a key witness recanting, new evidence against an alternative suspect, and the simple logic of whether Mr. Milgaard would have had enough time to commit the crime -- but felt it wasn't enough to take action.

"There is no basis to conclude that a miscarriage of justice likely occurred here," Ms. Campbell wrote. "Accordingly, I am not prepared to refer this case back to the courts."

It was only later, after public outcry and a written statement from the victim's family in support of Mr. Milgaard, that she referred the case to the Supreme Court.

Former federal or provincial ministers might be called to testify, Mr. Hodson said, although he hasn't decided whether that will be necessary.

"The first question is, does that individual have evidence relevant to this commission?" he said. "And if they do, I will consider calling them.

"I will have to consider any issues that might arise because of their office, but I'm not sure that will preclude anything. Like any other witness, if they have evidence that's necessary for the commission to hear, I will call them."

Neither Mr. Milgaard nor his mother Joyce Milgaard attended the start of the inquiry. Mr. Milgaard has received an apology and $10-million compensation, but his lawyer, Hersh Wolch, said the 52-year-old still wants an explanation for things such as Ms. Campbell's letter.

"When I hear the letter Kim Campbell wrote turning us down, I get very emotional and maybe angry," Mr. Wolch said. "Those memories all flood back."

The inquiry hasn't revived the same kind of bad feelings in the neighbourhood where Ms. Miller's body was discovered. The alley where children found her decades ago is littered with garbage: shopping bags, scrap wood, a broken box-spring mattress. Graffiti promote the Crazy Cree street gang and disparages the rival Indian Posse.

Ms. Kelly leaned against her doorframe and shrugged.

"People are moving on with their lives," she said.


Milgaard wrongful conviction inquiry begins

CTV.ca News Staff, Jan. 17 2005

Thirty-five years after David Milgaard was wrongly convicted of murder, a public probe has begun into what is considered one of the worst miscarriages of justice in modern Canadian history.

As the Commission of Inquiry got underway in Saskatoon, Sask. on Monday, Alberta Justice Edward P. MacCallum began proceedings with an explanation of the scope of his probe.

Charged with reviewing Milgaard's wrongful conviction in the brutal 1969 murder of 20-year-old nursing aide Gail Miller, MacCallum said his inquiry is not meant to serve as another trial.

"I urge patience from the parties with standing, from the media, and from the public," MacCallum said. "Please exercise restraint in speculating what the facts might be in the end."

As for the facts surrounding Miller's death, there is little that remains a mystery. On Jan. 31, 1969, Miller's lifeless, partially clad body was found in an alley. She had been raped, and suffered 14 stab wounds to her body and another 15 slashes to her throat.

Milgaard, who was a teenager at the time, was convicted of the crimes and spent 23 years in jail proclaiming his innocence. With his appeals denied, he even made two attempts to escape prison.

But it wasn't until 1991 that the tide turned for Milgaard, when media reports implicating convicted Saskatoon serial rapist Larry Fisher in the crime prompted then-justice minister Kim Campbell to request a Supreme Court review of the case.

A year later, Milgaard was freed when the top court overturned his conviction. Five years later, DNA evidence was used to exonerate Milgaard. In 1999, the Saskatchewan government gave Milgaard an apology and awarded him $10 million compensation package -- the largest of its kind in Canada.

Another two years later, a jury convicted Fisher of the murder.

Now 52 years old, Milgaard is expected to testify at the long-awaited inquiry, but his lawyer, Hersh Wolch, says he won't be sitting through the entire proceedings.

"He squandered 23 years of his life in prison, and he's not going to spend another year reliving the horror," Wolch told The Globe and Mail.

Fisher has been granted standing and funding for the first two of the year-long inquiry's four phases.

Here's what the four-phase inquiry entails:
· The first phase will rebuild the Miller murder, the investigation and Milgaard's trial;
· The second will look at post-conviction information and how the case was reopened;
· The third will focus on how police and the Justice Department handled information that came out post-conviction; and
· The fourth will look at reasons why the system allowed Milgaard's wrongful conviction to happen.

Wolch told The Globe that final phase could provide some of the inquiry's most interesting revelations.

"It's worth providing answers about how an innocent man was found guilty while the guilty man went free," he said. "And it was so difficult to reopen this case, and why was that? How can that be changed in the future?"

Ten parties, including the Saskatoon police and the provincial Justice Department, have standing at the inquiry.

James Lockyer, the lawyer representing Joyce Milgaard at the hearings and a prominent crusader for the wrongfully convicted, said, "It's such a ghastly case and for that reason alone -- as a matter of conscience -- the country has to see it examined top to bottom to see what went wrong and how we can make sure it doesn't happen again.''

With files from The Canadian Press


WHO'S WHO IN MILLER MURDER CASE
The major players in the Gail Miller murder case:

Gail Miller: A 20-year-old nurse's aide. Her body found the morning of Jan. 31, 1969. Raped and stabbed to death.

David Milgaard: A 16-year-old hippie on road trip with two friends. Passed through Saskatoon the morning Miller was murdered. Convicted of first-degree murder in 1970 and spent 23 years in prison. Conviction overturned in 1992. Cleared by DNA evidence in 1997. Now 52. Has standing at the inquiry.

Larry Fisher: A serial rapist. Lived with his wife in basement apartment of the Saskatoon home where Milgaard picked up a friend the morning Miller was murdered. Convicted of Miller's murder in 1999. Currently behind bars. Now 55. Has standing at the inquiry, but that is in question.

Albert Cadrain: Lived less than two blocks from the crime scene. Was picked up by Milgaard and friends the morning Miller was murdered. Went to police a month later saying he saw blood on Milgaard's clothes. Years later, admitted feeling pressured by police. Deceased.

Ron Wilson: On the road trip with Milgaard. After numerous interviews with police, said he saw Milgaard with a knife and blood on his clothes. Years later, he recanted. Now 53.

Nichol John (Demyen): Also on the road trip. After numerous interviews with police, said she saw Milgaard stab a woman. But at trial said she could not remember. Prosecutors were allowed to cross-examine her with her statement to police. Now 52.

Craig Melnyk and George Lapchuck: Came forward in the middle of Milgaard's trial to say they saw Milgaard re-enact the murder with a pillow in a motel room in May 1969. Melnyk is now 52. Lapchuck is deceased.

Deborah Hall: Also in the motel room, but didn't testify at Milgaard's trial. Years later she swore Milgaard's re-enactment was little more than a crude joke. Now 52.

Eddie Karst: One of the lead detectives on the case for Saskatoon city police. Has standing at the inquiry.

T.D.R. "Bobs" Caldwell: Crown prosecutor at Milgaard's original trial. Has standing at the inquiry.

Serge Kujawa: Director of public prosecutions during original trial. Was accused by Milgaard's supporters of trying to hide Fisher's possible involvement in the murder. Was cleared of any wrongdoing by an RCMP investigation. Has standing at the inquiry.

Cal Tallis: Milgaard's original lawyer. Didn't call Milgaard to testify at trial. Now sits as a justice on the Saskatchewan Court of Appeal.

The Canadian Press


next > > (two)

Truth can never be told so as to be understood, and not be believ'd.
William Blake, The Proverbs of Hell

Truth suppress'd, whether by courts or crooks, will find an avenue to be told. Sheila Steele, injusticebusters.com


Publisher Sheila Steele

www.flickr.com

Got something to say about this or any other stories on this site? Go to injusticebustersblog Participate!Please participate by posting your own photos and links of activism in your community.

Another target of Dueck's malice: Wilf Hathway

Our activism contributed greatly to the good vibes which happened around the civil trial.

Our first page on David Milgaard, December 1998
The settlement
Nilson ready to talk :Milgaards pressing for compensation, May 1, 1999
Milgaard renews call for inquiry after Fisher appeal denied
The Larry Fisher trial: summer 1999 (This page also has a viewpoint from Rusty Chartier who claims he was first investigator, not Pankula)
Fisher trial continues (fall 1999) This page also has full report on the DNA tests


Index to the stories on this website

This is not regularly updated so if you are looking for a particular story and you have a name or keyword, please use the site search engine(at the bottom of the page) which IS regularly updated

Index to Saskatoon Police stories

This is a pretty good scrapbook for the 1998-2002 period.

 


Brandon Morin:
Convicted in Oregon
of rapes which did not happen
This website has good information about Measure 11 -- Oregon's Mandatory Sentencing requirements which have been in place since 1994. In this case we see how the combination of a flawed grand jury system and prosecutors who seek not justice but convictions is a recipe for wrongful convictions.
 

 
Stephen Williams: Canadian writer subject to Stasi-like treatment by Canadian police
Terry Arnold: : Snitch a suicide?
RCMP scenario stings: Brian Hutchinson starts digging
Tulia, Texas
Gilmer, Texas
Willie Upshaw
Wrongfully convicted in Canada
Foster Parent false accusations
Martensville
Don Smith obscenity trial: an obscene conviction
James Lockyer
Hurricane Carter
Johnny Cochran speaks up for Bill Sampson
Vopnis
Abdulai Mohamed

 


 

The Terrible Story behind the Atif Rafay and Sebastian Burns convictions

 

 

 


Trial set for June 15

We know part of this disclosure is a forged statement and perjured affidavit from a Winnipeg cop

 
 
 
 
 
 
 

Fred Poirier pick-up truck

The Crown is still fighting Fred Poirier -- and they are losing. Secret Commissions Case from Northern B.C.

 
 
2005: In the United States the proven wrongful convictions just keep coming at us!

Canadians who have been wrongfully convicted because of improper investigations combined with zealous Crown

 

A round-up of wrongful convictions in Canada

Robert Baltovich
Michael Burns
Sebastian Burns
Rodney Cain
Wilbert Coffin (hanged, 1953)
Jason Dix
Jim Driskell
Jody Druken
Randy Druken
Hugues Duguay
Michel Dumont
Peter Frumusa
Walter Gillespie and Robert Mailman
Clayton Johnson
Yvonne Johnson
Herman Kaglik
Darren Koehn
Kulaveeringsam "Kulam" Karthiresu
Stephen Leadbeater
Donald Marshall
Chris McCullough
Michael McTaggart
Felix Michaud
David Milgaard
Guy Paul Morin
Shannon Murrin
Jamie Nelson
Greg Parsons
Benoit Proulx
Atif Rafay
Louise Reynolds
Thomas Sophonow
Gary Staples
Billy Taillefer
Steven Truscott
Joe Warren
Leon Walchuk
 
AIDWYC
Innocence Project (Canada)
Innocence Project (U.S.)
Northwest Law Center on Wrongful Convictions
 
Kirstin Lobato
Jeffrey Scott Hornoff
Willie Upshaw
Hurricane Carter
Guildford 4
Birmingham 6
Amirault
Houston
U.S. wrongful convictions: Exonerateed
Laurence Adams
Ludrate Burton
Stephen Cowans
Wilton Dedge
Albert Johnson
Kenneth Marsh
Dwayne McKinney
James Bernard Parker
Peter Reilly
Peter Rose
Sylvester Smith
Clifford St. Joseph
John Stoll
Marty Tankleff
Wilton Dedge
Ray Krone
 
Still working on it:
Dennis Deschaine
Dennis Perry
Tim Sandfort

 Revitalizing the archives

From 1998 until 2002, injusticebusters was in the throes of identity crisis. What was it? What were we doing? We grappled with editorial policy at the same time we were learning the nuts and bolts of building and posting a website. Once we had a secure, paid site I had full editorial control, although I talked regularly to Richard Klassen who was forced to move his family several times and did not always have access to the internet. Rick's pages: one | two

We posted our earliest and later actions.

Early versions of the site can be found on the Wayback Machine.

I began following other threads to stories of police and prosecutorial misconduct and the site's character took on another facet: a newsclipping scrapbook where stories could live longer than they would in print form. I also began picking up other stories of wrongfully convicted people. It was an explosion. By 2003 there were over 700 pages. I also had contact with several other people (Don Smith, Leon Walchuk, Monique Turenne, the Vopnis) and kept these stories going.

It was the story of the Ross children's treatment at the hands of the Saskatchewan government which grabbed the attention of The Fifth Estate. The civil claim (The $10M Lawsuit as we called it) was only mentioned briefly at the end of their show which aired in November, 2000.

When Richard Klassen began to make progress in bringing his civil claim to court, the government and police defendants alleged he was breaking the rules of court by publishing discovery material on the internet.

MacNeil clinic (the document which started it all)
The Thompson Papers
Carol Bunko-Ruys reports

This claim was absolutely false. However, rather than risk being thrown out of his civil claim, Klassen undertook before Judge Mona Dovall to sever all ties with the website.

The court fights:

Les Perreaux report
QB271

These pages have links which lead to other pages from that era. Now that some of the dust has settled, I have been going back through the material we had posted in the early days. In the spirit of keeping the scrapbook alive, I have been reformatting and placing links. The original material remains intact. I hope the information, which chronicles our struggle is useful to you.

The identity crisis is over. We know who we are --Sheila Steele, March 28, 2005

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April 28, 2005

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