David Milgaard Wrongful Conviction

Crime

• The rape and murder of Gail Miller on January 31, 1969 in Saskatoon Saskatchewan.

Police

• Crime scene evidence: No finger prints, semen was found in snow along with pubic hair
• Initial investigation yielded no eyewitnesses
• Police offer a $2000 reward for a lead in the case
• A month after the murder, Cadrain contacted police reporting that David Milgaard was acting suspicious during the morning of the murder

Charge

• David Milgaard was charged with first degree murder on May 30, 1969

Bail

• No bail

Trail

• Murder trial begins on January 19, 1970 in Saskatoon
• Convicted of murder & sentenced to life in prison with no chance of parole for 10 years

Sentencing

• Convicted of murder & sentenced to life in prison with no chance of parole for 10 years

Appeal

• Milgaard appeals murder conviction to Saskatchewan Court of Appeal on November 6, 1970
• On January 5, 1971 Saskatchewan Appeal Court dismisses Milgaard's appeal
• On November 15, 1971, Supreme Court of Canada denies Milgaards application for leave to appeal

After Appeals

• On December 28, 1988 Milgaard applies to Federal Justice Minister of a review of conviction but he is refused parole
• On August 14, 1991 Milgaard applies a second time for Federal Justice Minister to review conviction
• On November 28, 1991 Federal Justice Minister refers case to Supreme Court of Canada
• On April 14, 1992 Supreme Court recommends Federal Justice Minister to revoke Milgaards conviction and order a new trial
• On April 16, 1992 Saskatchewan Government annoounces it will not retry Milgaard and he is released from prison

After Release

• Milgaard files lawsuit against Saskatchewan Justice and Saskatoon police
• In July 1997 DNA in semen found at crime scene does not match Milgaard's DNA
• DNA matches Larry Fisher
• Fisher is charged with the murder of Gail Miller
• August 19, 1997 Saskatchewan Government announces Milgaard will be compensated for wrongful conviction
• May 17, 1999 Saskatchewan Government rewards Milgaard $10 million
• January 17, 2005 the Commission of Inquiry into the Wrongful Conviction of David Milgaard begins in Saskatoon

Poor Evidence: Cause of a Wrongful Conviction

• The lack of evidence sent Milgaard to jail because the police had tunnel vision once they received the lead on Milgaard from Cadrain. He has since admitted that he made up the statement for the $2000 reward money
• Larry Fisher was a serial rapist living in Saskatoon at the time of Gail Miller's death
• The police did not investigate Larry Fisher