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Clayton Miller

1973-1990

January, 2001: There is a public inquiry into the recent death of James Gray Bailey, 28, who recently died in the Sydney lock-up. This renews interest in the Millers' claim that Clayton was murdered by police while in their custody. injusticebusters will continue to post details. We appreciate people sending us updates on these Maritime stories, since they are often not publicized in the west.

Clayton Miller died as a result of a police raid at a place where teenagers normally went to party on weekends. Sgt. Brian White, was working at the desk, Cst. Wayne Crow, Sgt. Neil McKenzie, Cst. Paul Muise and Cst. Michael Cecchetto were the officers who conducted the raid.

Some people claim Miller was seen at the police station. Certainly his body was not found until the following morning lying face down in a shallow puddle. Before Clayton's clothes were returned to his parents, they were dry-cleaned:.Gervaise and Maureen Miller have enough evidence to convince honest experts that their son was killed by a police chokehold.They claim witness tampering has driven at least one of the young men who was at the "nest" insane with fear.

Whether by chokehold or negligence, police recklessness is responsible for Clayton Miller's death, Gervaise Miller has picketed in front of Parliament Hill on more than one occasion to bring attention to this case.

On May 9, 2000. the Miller family launched a civil suit against the municipality and 19 police officers.

New lead in Miller case

By Chris Connors, Apr. 30, 2001

NEW WATERFORD ­ A woman has come forward with new information which suggests Clayton Miller was in the custody of New Waterford police before he died.

"I couldn't sleep at night if I didn't talk about it," Maria MacEachern said of a 1994 discussion she had with her brother-in-law Lawrence MacEachern.

That seven year-old conversation, which contradicts statements made by police, was the subject of a recent RCMP visit to MacEachern's New Waterford home.

Officers from the former police department have continually insisted they didn't see Miller when police raided a drinking party at a clearing on the town's outskirts known as the Nest the night of May 4, 1990.

Two days later a pair of teenagers found the body of the 17-year-old altar boy face-down in a nearby stream.
An earlier RCMP investigation and an inquest cleared the New Waterford police of any wrongdoing. Three doctors all reached different conclusions about how Miller died.

Maria MacEachern, a mother of three, says two officers from the RCMP's major crimes unit in Halifax visited her April 12 to question her about the conversation with her brother-in-law along with a written statement she subsequently made to the Miller family.

Dead at seventeen Clayton Miller was 17 years old. No New Waterford police officers came to his wake.

Parents file suit in son's death: Cover-up alleged in Clayton Miller case

The notice of action to be filed in the Nova Scotia Supreme Court today is based on allegations surrounding a cover-up in the controversial death of 14-year-old Clayton Miller in May 1990. Clayton's body was found in a stream that flows through a New Waterford park two days after police raided a drinking party, which he had attended. It was concluded his death was caused by hypothermia. The family, however, states the local police ignored evidence such as bruises and wrists-marks that they believe were caused by police handcuffs. The Miller family hopes to avoid problems regarding the statute of limitations since new evidence emerged just last year. Thus, they are filing a lawsuit against the province, alleging former New Waterford police officers '"participated in the wrongful death'" of their son. The Millers claim that the defendants owed a duty of fair dealing to the family as public servants and they breached this by covering-up the circumstances surrounding the death. By Terrilyn Hayward.

Source: Barry Dorey, The Chronicle Herald, 6 March 2000.

From Atlantic Frank, 1992 - 1993 Clayton Miller died sometime on the night of May 4, 1990, after New Waterford Police raided a local teenage hang-out known as "the nest." His battered body was "discovered" Sunday, May 6 prostrate across a shallow brook, by two friends who had gone looking for him. The body was clearly visible from a considerable distance. Eye witnesses in the same area on Saturday have come forward to state there was no body at "the nest" on Saturday. At the time of his death, Clayton Miller had a blood alcohol content of 120 mg (0.12). A magisterial inquiry concluded "there was no culpable negligence on the part of anybody which resulted in the death of Clayton Miller." Opinion evidence put the cause of death down to a rare phenomenon known as "dry drowning" - a spasm of the larynx and pharynx caused by the entry of cold water into the oral cavity, which prevents breathing, resulting in immediate death.     (1) How many times did New Waterford Police raid "the nest" that night, one, two or possibly three times? Why did police contend the last time they "raided" the nest was "six or seven years ago," when it is common knowledge in New Waterford that the area is frequently visited by the police?   (2) What time did police first raid the nest that evening? They claim it was around 10 p.m. at shift change. Why then, did a frightened friend of Clayton Miller's run into a neighbour's house shortly before 9.00 p.m. with news of the raid? Why wasn't the woman who answered the door called before the inquiry?   (3) How many police officers were at the scene that night? The police say the raid was carried out by the six officers available at shift change. Some teenagers at "the nest" that evening estimated the number of polic at anywhere from 10 - 15 officers. And who really worked on the police desk that evening?   (4) After Clayton's body was "discovered", why wasn't the proper police work carried out at the scene? Why were no pictures of the body taken at the scene? Why wasn't the scene secured? Why wasn't a coroner called to the scene?   (7) Why was the body found in such a peculiar position, left arm upward behind the back, head turned to the right, right arm bent up to the chi, as if Miller was trying to pull something off from around his neck?   (8) Why were his clothes not examined? How do we account for the two different patterns of dirt on the clothes - the trousers appear to be covered in muc, but the sweater has a much darker, more particular material on it?   (9) Why weren't the four people who visited "the nest" on Saturday, May 5, and saw no body there, called before the magisterial inquiry?   (10) When the body was transferred to the hospital why did one police officer remark: "This would never have happened is he (Miller) had not gone back for his hat!"?   (11) Why did a well-known New Waterford doctor, after viewing the body, throw his hands in the air and tell a family friend of the parents, Gervais and Maureen Miller, he didn't want any part of the investigation?   (12) Was the body altered at the hospital before pictures were taken? The father and mother, who accompanied their son's body to the hospital think so.(Note the picture - head turned to the LEFT not the RIGHT!)   (13) Why was there a special police guard put on the New Waterford morgue that afternoon? And, why did one police officer demand access to the key to the morgue, only to be urned down by hospiral authorities?   (14) Who was present during the autopsy on Clayton Miller's body? Why are the existence of bruises and lacerations on Miller's face virtually ignored in the official record? Why weren't the limbs x-rayed. The body was first to be sent to Halifax for further examination. Why was this decision promptly overturned and by whom?   (16) Why did the police at first deny Saturday phone calls made by the Millers, asking for assistance in finding their son? Why did the doctor who did trhe autopsy allude to the nature of police brutality in his native Nigeria?   (17) Who, or what, did the police have locked up in a monitoored police cell in the early morning hours of Saturday, May 5? Is there any connection between the unsolved theft and burning of a New Waterford police officer's sports car, shortly after the death, and the Miller case, or the painting of a second police officer's car?   (18) Why did Chief Doug Crowe, and then mayor Gary Marsh det up an appointment in Halifax in the hope of having a Nova Scotia Police Commission investigation into the matter stopped? Why is an RCMP report that clears the New Waterford Police of any alleged wrongdoing in the matter so secret?   (19) What do we make of the statement, under hypnosis administered by an FBI functionary, of a young female friend of the Miller's who claims New Waterford police took them both to the Town Garages, just behind "the nest" on the night of the raid?   (20) Is Attorney General Joel Matheson, who refuses to exhume the body, asleep at the switch on this one? . . . from Atlantic Frank, Dec. 8, 1992

THE ONLY JUSTICE You never could have known You were about to die That fate-filled evening you went out And didn't say "good-bye". Now, heavy hearts are stricken By grief of that untold, No story to the public, Silence turned to gold. So at all risk and at all cost, we fight the cover-up and justice lost. How you must have suffered Held apart from those you love, Those who would have died for you; yet... Above, God chose you to suffer And we would follow suit. He saw men lie to save their own; And frightened friends become as mute. What carried you to that darkened place Where evil's known to dwell? Where the young are stalked and dealt with By travelers bound for hell? They fought in threes, But came in twos; And so their stories go. It wasn't long before sanity left The one who bore a rose. No tears on your grave, No words or regret, Could ever help repay The lack of good and conscience To spare your life that day. They yet can hear you whimper; One still sees your roving ghost Crying "Somebody help me!"... The three who did the most. Both day and night, they came to you... The curious and distraught, To view your broken mortal being... Some in respect, some not. We lay you to rest. He delivered your soul. They stood and watched us cry Without a word or whimper Of those who had you die. They carry it, yet, Upon their souls; Your death, Its mark is felt. No power, position, or reasoning Can shield them from their guilt. Now, with love and truth as weapons, We fight from day to day what they hope's a losing battle; You lead us from the grave. For your unrest is ours; Your interest our goal... To help your gentle spirit Find rest beside your soul. Till then we all find comfort In knowing you are near. We sense your pranks and laughter And cry sometimes in fear. Each time that something turns up Where one didn't put it down; When books and papers knock about, We know that you're around. Whenever lamp lights flicker In the middle of the day, It's just your gentle message You're beside us all the way. Of those who never knew you Or shed tears for you today, Or offer help and guidance From near and far away... We're sure you brought them to us; We thank them from you... and yet, With help, His Law Hereafter Won't be the only justice met. by: Mary Miller-Power

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

If you hold the mouth of Truth, It will burst out its rib-cage. Somali proverb

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Publisher : Sheila Steele

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injusticebusters court advice :

How to walk yourself through the justice system

 

Why you should dump your preliminary hearing (written July 1998 and still valid)

 

Sermonette: The Naked Truth -- (You will find links to many more sermonettes in the sidebar on this page

Another target of Dueck's malice: : Wilf Hathway

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

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.

Inquiry into the malicious prosecution of David Milgaard untanling 36 years of Saskatchewan police and Crown misconduct: : Opening day 1 | 2 | 3 | 4 | 5 | 6 | 7 |

Stephen Williams: Canadian writer subject to Stasi-like treatment by Canadian police

Terry Arnold: : Snitch a suicide?

RCMP scenario stings: Brian Hutchinson starts digging

Gary wells: Faulty eye-witness testimony

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

Nfld Defamation story:

Wanda Young

Racism in the Federal Civil Service

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

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!

 

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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.

 

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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

Kirk Bloodsworth

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

 

Blogging

Blogging has been in the news. It is the new, trendy thing with 40,000 new blogs being created each day. I established a blog for this website last September and it is now "taking off." These are a few of the pages with ongoing discussions.

Tasering Mary Lutz

Saskatchewan Centenary

Quint Blog discussion

Rotten apples in the Saskatoon Police

Blogging for choice

Michael Cardamone witch hunt

Implement recommendations of public inquiries

Stealing from the poor

Vancouver's killer cops

Tisdale rapists appeal

Winnipeg police misdeeds

Milgaard Inquiry

Chief Sabo: can he be trusted?

The Old Boys' Club Must Go!

Vancouver activists

John Hudak: Falsely accused mountie

City of intolerance

Constable Larry Lockwood: Exciteable!

Eric Cline

This is a great way for like-minded people to communicate and share our views. It is easier than making a website and marginally more difficult than a forum.

People who want to contribute simply have to punch the "comment" link and they will be taken to a page with a box which allows them to write their comment, preview and post it. It takes a while for the comment to show up and some people get impatient and repost. That's fine, I trash the duplicate posts and no harm done.

Please, please give it a try. The internet is distinguished from other media in that it is really and truly interactive. Blogging makes it possible to express your viewpoint even if you don't have a computer. You can go to the library or a friend's place or an internet cafe. Once you've mastered the basics (and believe me, if I can do it, you can do it) you will be participating in one of the most democratic -- and potentially powerful -- media the world as we know it has ever seen.

Come on. Don't be shy. Join the Weblog World! -- Sheila Steele, March 20, 2005

Toronto Police paid out $30M in secretly resolved claims over last five years