Sunday 11 October 2020

Joyce Milgaard: Saskatchewan/David Milgaard: In an introduction to her mother's 'memoir,' Joyce Milgaard's daughter Susan describes her mother as a 'housewife in a small town' who was transformed into, "a dynamic, articulate, courageous, articulate woman" who, with the help of her other children, set out to become an expert on murder (which she did), to secure the exoneration of her son (which she did) and to track down the real killer, (which she also did). A consummate self-trained investigator (who once worked as a switchboard operator helping reporters track down people at The Toronto Star), she became commonly known as 'The Gumshoe Mom.'


INTRODUCTION:

As you will see from the opening quotes below, this weeks post is centered around the theme of mother's and sons,  in which the mother, in the spirit of this Blog, is  a 'Selfless Warrior' - an exceptional individual who has been ripped out of his or her ordinary life by an inability to stand by in the face of a glaring miscarriage of justice. The son is David Milgaard who was  sentenced, at age 16 to life imprisonment in 1970 for the 1969 murder of 20-year-old Saskatoon nursing aide Gail Miller - and the mother is Joyce Milgaard, the  first Canadian 'Selfless Warrior' in this series, who, sadly,  passed away earlier this year.  Read on,

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OPENING QUOTES:

"We all have mothers, but even the most devoted and loving of mothers would not continue their crusade for 22 years if there was any doubt in her mind."

 Canadian Prime Minister Brian Mulroney - referring to Joyce Milgaard.

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"God and my Mother  were the two strongest hopes that I clung too, and they still are."
David Milgaard: 

From "A Mother's story," by Joyce Milgaard, with my long-time Toronto Star and colleague Peter Edwards,  a very fine, highly regarded   journalist and author. 

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"Ms. Milgaard told The Globe and Mail in 1997 that she may have had “just a flicker of uncertainty” at first, but once she knew he and his friends had no money for drugs or alcohol at the time, she was convinced of his innocence.  “I never doubted my son,” she said then. “A mother knows, and I knew. I just knew.”

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THE 'SELFLESS WARRIOR':

Joyce Milgaard was depicted as the symbol of a mother's relentless, unapologetic fight for their child, by Globe and mail reporter Jane  G. Pruden, in a Globe article on her death published on March 21, 2020.

 "At the beginning of her memoir, Joyce Milgaard recalls the moment two police detectives arrived at her home late one afternoon in May 1969 and asked her, “Are you David Milgaard’s mother?”  the article  begins.

"It was the beginning of a saga that would come to define both their lives, making David Milgaard one of the country’s most famous wrongful convictions, and Joyce the very symbol of a mother’s unceasing fight against injustice for her child," it continues.

"She would devote the next 30 years to winning his freedom, and then fighting for his exoneration and compensation; a tireless battle that included reinvestigating the case herself and identifying the real killer, and ultimately, holding justice officials and government to account. Primly dressed with neatly coiffed hair and eyeglasses, Ms. Milgaard seemed – as one news story noted – “more like the average grandmother” than a crusader. But those who underestimated her did so at their peril. Her singsong voice could harden with steely resolve when she talked about her son, and she was single-minded, relentless and unapologetic in her fight for him. While those qualities won her few fans in the systems she accused, she earned the respect and admiration of many more around the country, and changed forever the life of her son and other wrongfully convicted. “Joyce Milgaard fought everyone for me,” David Milgaard said, in an interview with The Globe and Mail in May 2019. “Without her, I would still be in prison rotting away.” As a Globe editorial had noted a decade earlier, “Joyce Milgaard did everything to free her son David from prison in Saskatchewan but dig a tunnel for him with her bare hands.” Ms. Milgaard died Saturday afternoon, lawyer James Lockyer told the Globe and Mail. She leaves her children, David, Chris, Susan and Maureen. Joyce Milgaard was born in Ontario in 1930, the youngest of four children in a sometimes-troubled family. “I would probably have been considered an abused child by today’s terms because my father used to beat me when he was drunk,” she said, in A Mother’s Story: The Fight to Free My Son David, co-written with reporter Peter Edwards and published in 1999. “All I would have to do then was say the slightest thing wrong and I would get a beating.” Ms. Milgaard started working at 11, lying about her age to get a full-time job at a weaving mill. In her teens, she found work as a switchboard operator at a hospital and then on the phones at the Toronto Star, where she sometimes helped reporters find people and convince them to talk – skills that would later prove valuable in the fight to free her son. Ms. Milgaard said she had a wild streak in those years, describing herself as “a hard drinker and a real party-goer” who smoked two packs a day, and “could swear and drink with the best of them.” She was engaged multiple times before settling down with her husband, Lorne Milgaard, in Winnipeg. Her lifestyle changed when she became a Christian Scientist after a colleague appeared to cure her migraine with prayer, and she remained devout throughout the rest of her life, including training and practising as a Christian Science nurse. The family was living in Langenburg, Sask. in 1969, when David, then 16, was arrested and charged with the murder of nursing assistant Gail Miller. Ms. Milgaard told The Globe and Mail in 1997 that she may have had “just a flicker of uncertainty” at first, but once she knew he and his friends had no money for drugs or alcohol at the time, she was convinced of his innocence.

While her son awaited trial, Ms. Milgaard moved to Saskatoon to be near him, at one point living at the Y, and working nights at a restaurant so she could take him comic books and food in the mornings. "I never doubted my son ... A mother knows, and I knew. I just knew." He was convicted in January 1970, and while Ms. Milgaard immediately began working to have the decision overturned, her efforts escalated significantly when he was shot by police in 1980, after escaping from custody while out on a pass. Ms. Milgaard later said the shooting was a turning point for her, the moment she gave up hope in the protections of the police and justice system and realized that to free her son, she’d have to find the real killer herself. "I just felt so helpless with David not being able to walk, that I just wanted to get in there and do something," she said. "And I think it helped me to get out and really try, because I felt like a failure of a mom. I really did." Ms. Milgaard, who previously worked in sales and as a property manager, now became a detective. She offered a $10,000 reward for information, and started aggressively hunting down witnesses and conducting new interviews with them, even as she learned police were telling people not to talk to her. After receiving a tip about violent sexual offender Larry Fisher, Ms. Milgaard tracked down and approached both his mother and ex-wife, as well as six other women who had been sexually assaulted by him. “I’m doing what I have to do,” Ms. Milgaard told The Fifth Estate in 1990. “If they’d done a proper investigation in the first place none of this would be happening today.” She put everything she had into the fight, selling her car and her home, spending her vacations at the prison, sometimes so consumed she forgot to eat. Maureen Davis once estimated her mother spent 99 per cent of her waking moments working on the case. Ms. Milgaard got prominent defence lawyer Hersh Wolch onside after showing up at his office with her last $2,000 and an offer to give him her fur coat, the only possession she had left of any value. Mr. Wolch gave the file to David Asper, then a young lawyer, who took on the case. Joyce Milgaard said she found inspiration in the story of David and Goliath, and hers was truly such a tale: one person persevering in the face of a system stacked against her, believing, as she said in 1992, “If I just keep looking, we would find the thing that freed David.” But while she gathered reams of evidence calling his conviction into question – including false witness statements, another suspect, and questions around the time frame of the attack – convincing officials to look at the evidence she had gathered proved a significant hurdle. In one highly-publicized exchange in 1990, Ms. Milgaard tried unsuccessfully to give a report about the case to then-justice-minister Kim Campbell, who brushed by and refused to accept it. The scene only escalated Ms. Milgaard’s efforts. That night, she wrote a song, Please Madame Minister, which she performed and sent to radio stations across the country. The perceived “snub” received coverage around the country, which Ms. Milgaard later said helped galvanize public opinion on her side. At a hastily arranged vigil outside meetings Brian Mulroney was attending about Meech Lake in Winnipeg in 1991, the then-prime minister stopped to speak with Ms. Milgaard. He told the Winnipeg Free Press later that the meeting inspired him to take a closer look at the case. 

“There was just something so forlorn but very loving about a woman standing alone on a very cold evening on behalf of her son,” he said then. “We all have mothers, but even the most devoted and loving of mothers would not continue their crusade for 22 years if there was any doubt in her mind.” While Ms. Milgaard would later correct the former prime minister’s recollection – they met at noon on a hot and sunny day – the meeting clearly had an impact. David Milgaard was released from prison in 1992, after Ms. Campbell ordered a Supreme Court review of the case. Ms. Milgaard did not stop there. Instead, she then turned her attention to the fight to have her son exonerated and compensated, and demanded a full inquiry into the case “for all the future David Milgaards.” Mr. Milgaard was exonerated through DNA testing in 1997, and he received $10-million in compensation. The inquiry into his wrongful conviction concluded in 2008. While the final report of that inquiry was, at points, critical of Ms. Milgaard’s efforts – including accusing her of releasing inflammatory information, and hurting the reputation of justice officials and the justice system – Ms. Milgaard was unconcerned and unapologetic. "I did what I felt was necessary at the time and it got the results that we wanted," she told reporters. She went on to work for other wrongfully convicted, including joining the fight to free Guy Paul Morin in the 1990s, after being approached by Mr. Morin’s mother. Ms. Milgaard was one of the founders of the Association in Defence of the Wrongly Convicted, now Innocence Canada, which has so far helped exonerate 23 wrongfully convicted people in Canada. “She was called ‘the mother of Canada’ for a long time, and so she was—she was a strong, devout...powerful, beautiful woman,” lawyer James Lockyer, one of the group’s founding directors, said Saturday. “She had a presence to her that really was exciting and also stunning, and just made you feel that if you were going to be in her presence, you had to be a good person…Goodness was all around her.” Mr. Lockyer said he can vividly recall the day that they received the DNA results that would ultimately exonerate Mr. Milgaard. Joyce was flying at the time, and Mr. Lockyer and Guy Paul Morin "drove like the wind" to get to the airport to meet her when her flight landed. “Guy Paul told her the news, and I was right there when it happened," Mr. Lockyer said. "It was quite something." On Saturday, Mr. Lockyer said that he believes her legacy will be one of “how one person can chance the course of justice in a country, through belief and determination, perseverance and power. She had that power. That’s her legacy to me.” “I feel uncomfortable when people say that I am a heroic person,” Ms. Milgaard wrote in her memoir. “Circumstances create heroes, and David’s ordeal forced me to grow up. … I learned to do my very best and leave the rest to God, so that I could wake up fresh every morning, ready to start again."

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COMMENTARY: 

 Joyce Milgaard writes in her memoir that she feels uncomfortable when people refer to her as a "heroic' person, wisely noting that "circumstances create heroes" and that "David's ordeal forced me to grow up."  Like other 'Selfless Warriors' in the series thus far, she started out believing the the justice system would do its best to protect the innocent, learned otherwise, and then turned to her own devices to ensure that justice would be done. A truly great mother - motivated by a truly powerful bond with her son, her story is also  an excellent example of the extent to which wrongful prosecutions  strike to the core of entire families, as it did with the Milgaard's, and take away their right to grow freely, in a normal way, as other families do. At the same time, it shows how how families can rise above the inevitable sadness, confusion and bitterness which abounds when one of the members is falsely accused, to  bond together to fight and vindicate one of their own. Also worth noting, Joyce writes that her experience with David made her sensitive to the plight of other innocent people who are caught up in the criminal justice system - and that explains her years of involvement with the Association in Defence of The Wrongfully Convicted (AIDWYC)  now called 'Innocence Canada. True, Joyce Milgaard did not regard herself as a hero, But in my books, she was not only a heroic person, but also a 'Selfless Warrior."

Harold Levy: Publisher: The 'Selfless Warriors' Blog.'

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READING MATERIALS:

A Mother's Story: The fight to free my son David, By Joyce Milgaard with Peter Edwards. Published by Doubleday Canada Limited.

When Justice Fails: The David Milgaard Story:  By Carl Karp and Cecil Rosener: Published by McClelland and Stewart Inc.

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CHRONOLOGY: (CBC NEWS): 

"In 1970, 16-year-old David Milgaard was sentenced to life imprisonment for the 1969 murder of 20-year-old Saskatoon nursing aide Gail Miller. After 23 years in prison, the Supreme Court of Canada set aside his conviction. Five years later he was cleared by DNA evidence and awarded $10 million. In the same year, Larry Fisher was found guilty of the rape and stabbing death of Gail Miller. 

Jan. 31, 1969
Body of nursing aide Gail Miller, 20, found in a Saskatoon snowbank. Milgaard is travelling through Saskatoon the morning the body is found. 

May 30, 1969
Milgaard, 16, is arrested and charged with murder.

Jan. 31, 1970
Saskatchewan Court convicts Milgaard of murdering Miller; He is sentenced to life in prison.

Jan. 31, 1971
Saskatchewan Court of Appeal rejects Milgaard's appeal.

Nov. 15, 1971
Supreme Court of Canada refuses to hear Milgaard's appeal.

Dec. 28, 1988
Milgaard's lawyers apply to have the case reopened.

May 14, 1990
Federal Justice Minister Kim Campbell brushes past Milgaard's mother Joyce, who tries to hand her a report from a Vancouver forensic pathologist that could clear Milgaard. Campbell says it could jeopardize any future review if she sees the report.

Feb. 27, 1991
Campbell turns down Milgaard's request to review his case.

Aug. 14, 1991
Milgaard's lawyers file second application to Minister of Justice to have the case reopened.

Nov. 29, 1991
Campbell directs the Supreme Court to review Milgaard's conviction.

April 14, 1992
Top court says Milgaard should have new trial. He is freed after Saskatchewan decides not to prosecute him again. He is not formally acquitted.

July 18, 1997
Milgaard's team announces that more sophisticated DNA tests in Britain prove Milgaard did not commit Miller's murder. That same day, Milgaard receives apology from the Saskatchewan government for his wrongful conviction.

July 25, 1997
Larry Fisher arrested in Calgary for the rape and murder of Gail Miller.

May 17, 1999
Milgaard and his family receive $10 million compensation package from federal government.

Oct. 12, 1999
Fisher's trial opens in Yorkton, Sask. His lawyer successfully argued to have the trial moved from Saskatoon to avoid potential juror bias.
Nov. 22, 1999
Larry Fisher convicted of rape and murder of Gail Miller.
Jan. 4, 2000
Fisher sentenced to life in prison; parole eligibility to be decided by National Parole Board.
April 15, 2003
Saskatchewan Court of Appeal hears Fisher's case for a new trial.
Sept. 29, 2003
Saskatchewan Court of Appeal dismisses Fisher's appeal of his first-degree murder conviction.
Sept. 30, 2003
The Saskatchewan government announces inquiry into how Milgaard was wrongly convicted for the murder of Gail Miller.
Aug. 26, 2004
The Supreme Court of Canada refuses to hear Fisher's appeal. The decision clears the way for the inquiry to proceed sometime in 2005.
Jan. 17, 2005
The public inquiry into the wrongful conviction of David Milgaard opens in Saskatoon. Mr. Justice Edward MacCallum is expected to hear from more than 100 witnesses – including David Milgaard and Larry Fisher – over the course of a year . A list of high profile potential witnesses includes former prime ministers Brian Mulroney and Kim Campbell and former Saskatchewan premier Roy Romanow.
April 20, 2005:
The first phase of the Milgaard inquiry ends. During 41 days of testimony the inquiry hears from nearly 50 witnesses, all of whom were involved in the 1969 investigation of Gail Miller's murder. The commission also heard from a number of women who were sexually assaulted by Larry Fisher in the months before and after Miller's murder.
Nov. 21, 2005:
David Milgaard agrees to testify at his wrongful conviction inquiry if the judge finds he is medically fit. Commission counsel appeared before Justice Edward MacCallum to inform him of talks with Milgaard's lawyer, Hersh Wolch. Wolch initially wanted Milgaard excused from testifying for medical reasons. They decide Milgaard's testimony will be necessary to some parts of the inquiry.
Jan. 16, 2006
David Milgaard's lawyer, Hersh Wolch, asks the court if his client can testify in writing. Milgaard said last year the thought of testifying made him physically ill and he wouldn't do it, which infuriated inquiry judge Edward McCallum. 
Jan. 27, 2006
A private investigator says there's circumstantial evidence that Milgaard was the victim of a police coverup. Paul Henderson, who investigates wrongful convictions for a U.S.-based organization, says he got a retraction from a key Crown witness. Henderson said the witness admitted that police threatened to charge him with the murder if he didn't implicate Milgaard.
Feb. 7, 2006
The original defence lawyer at Milgaard's trial, Calvin Tallis, tells the Saskatoon-based inquiry that his client would not have been a good witness because he had a drug history and had been in trouble with the law. 
Feb. 8, 2006
The judge rules that Milgaard must testify but may do so on videotape and all lawyers have agreed. The judge's decision was made to reduce the stress of the event for Milgaard.
Feb. 11, 2006
Milgaard's defence lawyer criticizes a judge's decision regarding the questioning of a star witness for the prosecution at his client's murder trial. Nichol John's testimony was a crucial element at Milgaard's original trial.
Feb. 20, 2006
David Asper, the lawyer who represented Milgaard for years while Milgaard fought to be released from prison, says he wants funding and official standing at the Saskatoon inquiry into Milgaard's wrongful conviction. Asper is scheduled to testify at the inquiry. Standing would allow him to participate in the proceedings and cross-examine witnesses. 

Feb. 22, 2006
David Asper, who helped Milgaard get out of prison will have limited standing at the inquiry and be allowed to have his own lawyer present. This means his lawyer can cross-examine witnesses during a portion of the inquiry - but he won't receive public money to cover his costs. 

March 2, 2006
Media baron David Asper is granted funding for some of the legal expenses he incurred while appearing at the inquiry looking into Milgaard's wrongful conviction. The public hearing is adjourned until April 17.
April 24, 2006
Milgaard's videotaped testimony is played at the inquiry into his wrongful conviction. The tape shows Milgaard trying to recall the events that led to his conviction. He says his memory is cloudy, though, from years spent in prison. He says he began to doubt his own innocence after being misdiagnosed with so many different psychological problems while in prison.
May 2, 2006
Joyce Milgaard abruptly leaves the inquiry after her son's lawyer, Hersh Wolch, is denied the right to be the final questioner of Paul Henderson. The various lawyers involved in the inquiry argued about who should be allowed to question Henderson last. Justice Edward MacCallum eventually ruled against David Milgaard's lawyer and gave the right to a lawyer for the Saskatoon Police Service. Joyce Milgaard complains to reporters outside the courtroom, saying the ruling was unfair to her son.
May 3, 2006
Joyce Milgaard's lawyer apologizes to the judge for her client's comments to the press about the unfairness of the inquiry. Justice MacCullum says, "She has been warned before that if she wishes to be a part of the inquiry as a party with standing, she is not to subvert it by going out in the hall and casting broadsides against the work of the commission. That is her right to do so as a private citizen, and if she wishes to persist in that, she will do so as a private citizen, and not as a party with standing." 

The Milgaard inquiry is set to reconvene on May 8, 2006, when Joyce Milgaard is scheduled to take the stand. 
May 8, 2006
Joyce Milgaard tells the inquiry she began her fight to free her son with the assumption that the police "twisted the facts into what they were not to put him behind bars." She says she regrets not starting sooner to prove David Milgaard's innocence.
Aug. 28, 2006
The Milgaard inquiry resumes public sessions, and expects to hear from key government and RCMP witnesses before wrapping up in September 2006. The commission of the inquiry is to find out why David Milgaard was wrongfully convicted of a 1969 rape and murder, and spent 23 years in prison before being exonerated.
Dec. 11, 2006
Final oral submissions are to be heard in the inquiry in Saskatoon into the wrongful conviction of David Milgaard.

Sept. 26, 2008
The inquiry report is released. It found that police received a tip in 1980 that could have lead to the real killer, 12 years before Milgaard was released from prison. "The criminal justice system failed David Milgaard," concludes Justice Edward MacCallum, the Alberta judge who headed the inquiry. 
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ACKNOWLEDGMENTS: In addition to being blessed with his 'Selfless Warrior'  and the other members of his immediate family, David was helped by some very fine, committed trial and appellate criminal and civil lawyers over years such as  David Asper, James Lockyer and the late Hersh Wolch. He had the support of organisations such as Centurion Ministries (Reverend Jim McCloskey and investigator Paul Henderson) and AIDWYC. (Joyce  Milgaard was also supported by many fellow Canadians who were disturbed by  the case.)  I personally want to pay tribute to former Canadian Prime Minister Brian Mulroney, who became one of my heroes after personally looking into the Milgaard case, communicating compassionately  with Joyce Milgaard as one human  being with another, and ensuring that David  would have a hearing before the Supreme Court of Canada - in spite of the seemingly cold-hearted resistance of then Justice Minister of the day Kim Campbell to taking action on the case. Bravo Mr. Prime Minister!

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