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The murder of Gail Miller and Wrongful Conviction of David Milgaard Part 1 — Transcript

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  1. 0:00today's story brings us to Saskatoon the
  2. 0:03largest city in the province of
  3. 0:04Saskatchewan Saskatoon currently has a
  4. 0:07census population sitting at about 266
  5. 0:11000 people although back in 1969 where
  6. 0:14the story takes place the population of
  7. 0:17Saskatoon was less than half sitting at
  8. 0:20about 130
  9. 0:21000. the South Saskatchewan River Flows
  10. 0:24to the center of the city and is located
  11. 0:26along the trans-canada Yellowhead
  12. 0:29Highway and the city has served as the
  13. 0:31cultural and economic Hub of central
  14. 0:34Saskatchewan since its founding in 1882.
  15. 0:37this story is a tale of two tragedies
  16. 0:40the murder of Gail Miller who was a 20
  17. 0:42year old nurse's aide and the wrongful
  18. 0:45conviction of David Milgard for the
  19. 0:47crime wrongful convictions were
  20. 0:49something that occurred more often than
  21. 0:51the justice system would care to admit
  22. 0:53especially before the discovery of DNA
  23. 0:56and this is one of the first cases that
  24. 0:58got me into the genre of True Crime
  25. 1:00David his supporters had been pushing
  26. 1:02for years for DNA samples to be tested
  27. 1:05and although DNA was still relatively
  28. 1:07new in the late 80s and early 90s I was
  29. 1:11troubled by the reaction of some of the
  30. 1:13politicians and police officers who
  31. 1:15worked the case back in 1969. they were
  32. 1:18dismissive and as a naive teenager I
  33. 1:21couldn't understand why they were doing
  34. 1:22this if it could possibly clear his name
  35. 1:24and it was because they would have to
  36. 1:26admit to the country that they were
  37. 1:28responsible for an innocent man spending
  38. 1:3023 years in prison David Milgard always
  39. 1:33maintained his innocence and DNA finally
  40. 1:36cleared his name in the year 1997. this
  41. 1:39is the story of the murder of Gail
  42. 1:41Miller and the wrongful conviction of
  43. 1:44David Milgard it was a freezing cold
  44. 1:46morning on January 31st 1969. it was
  45. 1:50bitterly cold outside around -41 and
  46. 1:54there was a thick ice fog forming around
  47. 1:56the city people were warned not to go
  48. 1:58out if they didn't have to at 8 30 a.m
  49. 2:02grade 6 student Mary Marco was on her
  50. 2:05way to school she was working safety
  51. 2:07patrol that day and was in a rush so she
  52. 2:10chose to take a different route she
  53. 2:12walked a block away from her home and
  54. 2:14cut through an alley that was beside a
  55. 2:16funeral home and this is where she found
  56. 2:18the body of Gail Miller lying in the
  57. 2:20snow the snow surrounding her body had
  58. 2:23multiple red spots in the area and the
  59. 2:25snow had also been trampled and Gail had
  60. 2:28been deceased for about an hour before
  61. 2:30her body was found and from Reading old
  62. 2:33newspaper articles about the crime it
  63. 2:35seems that the Saskatoon police back
  64. 2:37then didn't see murders like this very
  65. 2:39often according to the star of Phoenix
  66. 2:42the last violent death to occur in
  67. 2:44Saskatoon before Gail Miller was in
  68. 2:47March of 1967 a full two years before
  69. 2:51the stabbing took place although the
  70. 2:53police were completely aware that
  71. 2:55throughout the months before Gail was
  72. 2:57murdered a serial rapist was on the
  73. 2:59loose in the city of Saskatoon during
  74. 3:01the fall and winter of 1968 multiple
  75. 3:05sexual assaults and attempted sexual
  76. 3:07assaults had been reported around
  77. 3:09Saskatoon they usually occurred in the
  78. 3:12evening between 8 and 9 pm and the
  79. 3:14assailant would threaten his victim with
  80. 3:16a knife however none of the previous
  81. 3:19victims had been stabbed and these
  82. 3:21assaults occurred not too far away from
  83. 3:23the boarding house where Gail Miller
  84. 3:25lived a warning was finally issued by
  85. 3:28police on December 14th informing the
  86. 3:31public about these assaults although
  87. 3:33they waited almost two months after
  88. 3:36these assaults initially began before
  89. 3:38making this announcement police believed
  90. 3:40that these assaults were all carried out
  91. 3:43by the same person but they had yet to
  92. 3:45identify a suspect police responded to
  93. 3:48the scene within 10 minutes of the body
  94. 3:50being reported it took an hour for the
  95. 3:53scene to be completely secured by the
  96. 3:55police and when they were able to turn
  97. 3:57the body over it was obvious that she
  98. 3:59had been violently attacked her coat was
  99. 4:02unbuttoned and her white uniform
  100. 4:04underneath was scrunched down around her
  101. 4:06waist her nylons were pulled down and
  102. 4:09her right boot was missing and although
  103. 4:12her nylons had been pulled down they
  104. 4:14were still on her feet and attached to
  105. 4:16her uniform was a name badge that read
  106. 4:19Miss G Miller the victim was identified
  107. 4:21as Gail olena Miller she was 20 years
  108. 4:24old and worked as a nursing assistant at
  109. 4:27City hospital and she had been killed
  110. 4:29only one block away from the rooming
  111. 4:31house where she lived Gail Miller was
  112. 4:34born and raised in Laura Saskatchewan a
  113. 4:37tiny farming community and was one of
  114. 4:39nine children in Laura there really
  115. 4:42wasn't much else to do other than
  116. 4:43farming and most of the girls in her
  117. 4:46community got married right out of high
  118. 4:47school and started a family but Gail
  119. 4:50wanted something else for herself and
  120. 4:52her grandmother who she was close with
  121. 4:54offered to pay for her education so
  122. 4:56after completing high school she
  123. 4:58registered and took her nurse's age
  124. 5:00training at Kelsey campus in the fall of
  125. 5:031967. by January of 1968 Gale's training
  126. 5:08took her to Swift Current hospital and
  127. 5:10throughout her training she remained
  128. 5:12close to her family of five sisters and
  129. 5:14three brothers in the fall of 1968 she
  130. 5:18applied for a job at Saskatoon City
  131. 5:20Hospital working on the children's Ward
  132. 5:22and was excited when she was offered the
  133. 5:24job she lived in a one-room apartment in
  134. 5:27a boarding house but she didn't really
  135. 5:29like it and wanted to move as soon as
  136. 5:32she could afford to she wanted something
  137. 5:34closer to work because she really didn't
  138. 5:36like taking the bus to get there Ann was
  139. 5:39nervous about waiting for the bus in the
  140. 5:41dark Vicki Lynn Fontaine who trained as
  141. 5:44a nursing assistant with Gail described
  142. 5:46her as a well-liked girl who would never
  143. 5:48take rides from strangers her friends
  144. 5:51and her boyfriend back home were quickly
  145. 5:54eliminated as suspects the last time she
  146. 5:56was seen by her roommates on the morning
  147. 5:58of January 31st was at 6 45 a.m so I
  148. 6:03assume because the police weren't used
  149. 6:04to seeing these kinds of murders they
  150. 6:07were under immense pressure to solve the
  151. 6:09case and to solve it quickly on February
  152. 6:113rd just three days after Gail's body
  153. 6:14had been discovered a two thousand
  154. 6:16dollar reward was approved by the board
  155. 6:19police Commissioners for information
  156. 6:20leading to the arrest of the person
  157. 6:22responsible police chief kettles said
  158. 6:25quote only persons who volunteer
  159. 6:28information leading to the apprehension
  160. 6:30and conviction of the person responsible
  161. 6:33for the slang will be considered for the
  162. 6:36reward they also said they would like to
  163. 6:38talk to a man who had been sitting in an
  164. 6:40idling car outside the girl's home late
  165. 6:43on Thursday night I really don't like
  166. 6:45how they referred to Gail as the girl
  167. 6:48but I have to remind myself that the
  168. 6:50year was 1969. an autopsy was performed
  169. 6:54to determine her cause of death she had
  170. 6:5715 wounds on her neck and upper chest
  171. 7:00but most of these were just Nicks and
  172. 7:02cuts however she did have 12 deeper stab
  173. 7:06wounds on her body she had been stabbed
  174. 7:08four times in the chest four times in
  175. 7:11the back three times in her collarbone
  176. 7:13and once in the side and two of the stab
  177. 7:17wounds were considered to be fatal at
  178. 7:20the crime scene police were collecting
  179. 7:21and searching the area for evidence a
  180. 7:24knife blade that was covered in blood
  181. 7:26stains had been found underneath Gail's
  182. 7:28body the knife blade was missing a
  183. 7:31handle and Gail's purse was also missing
  184. 7:33from the scene a few feet from where the
  185. 7:36body was found was her missing boot
  186. 7:38buried in a snow Mound as well as her
  187. 7:41missing sweater but although police
  188. 7:43managed to secure the area before it
  189. 7:45could be compromised there really wasn't
  190. 7:47much physical evidence to work with
  191. 7:49there were no fingerprints because the
  192. 7:52assailant most likely wore gloves due to
  193. 7:54the extreme cold and there weren't any
  194. 7:56footprints that the police could find in
  195. 7:58the snow again because of The Frigid
  196. 8:01cold weather the snow had a texture that
  197. 8:03was similar to sand there were no tire
  198. 8:05tracks at the scene and there wasn't
  199. 8:08anyone who witnessed the assault but the
  200. 8:10police did manage to estimate the time
  201. 8:12of the attack Gail usually left for work
  202. 8:14around 7 A.M and the autopsy report said
  203. 8:18that she had been dead for about an hour
  204. 8:20so the police determined that Gail
  205. 8:22Miller had been attacked sometime
  206. 8:25between 7 and 7 30 a.m everyone in
  207. 8:28Saskatoon was talking about the murder
  208. 8:30and the whole city was on edge as I
  209. 8:33mentioned earlier Saskatoon wasn't used
  210. 8:35to Violent homicides back in 1969. the
  211. 8:38police department didn't even have a
  212. 8:40homicide division Gail's purse was
  213. 8:43finally recovered the Friday after the
  214. 8:45murder it was found in a nearby garbage
  215. 8:47can and there were no fingerprints found
  216. 8:49on it although that's to be expected the
  217. 8:52purse had been outside for a few days
  218. 8:53and the temperatures during this time
  219. 8:55had been frigid also found in backyards
  220. 8:59close to the crime scene mean where Gail
  221. 9:01Miller's Apartment keys surgical
  222. 9:03scissors her comb and a maroon colored
  223. 9:06knife handle and the knife handle
  224. 9:08matched up with the blade found under
  225. 9:10Gail's body there were also two frozen
  226. 9:13yellow lumps of snow close to where the
  227. 9:16knife blade was found tests were run and
  228. 9:19it was determined to be semen from a man
  229. 9:21with a specific blood type because this
  230. 9:23was the middle of winter and the scene
  231. 9:25had so much snow cops actually brought
  232. 9:28in gas-powered snow melters to help find
  233. 9:31missing evidence they ended up finding
  234. 9:34another knife randomly close to the body
  235. 9:36and it turned out to be a hunting knife
  236. 9:38the police though somehow managed to
  237. 9:41lose this knife conveniently it was
  238. 9:44never presented as evidence at David
  239. 9:46milgard's trial Detective Joe penkala
  240. 9:49was in charge of collecting all the
  241. 9:51physical evidence at the crime scene and
  242. 9:53at the beginning of the investigation
  243. 9:55when Gail Miller's possessions were
  244. 9:57first found things seemed to be moving
  245. 9:59in the right direction action but
  246. 10:01detective penkala soon became obsessed
  247. 10:04that they were missing something days
  248. 10:06after the crime he would return to the
  249. 10:08scene over and over again convinced that
  250. 10:11there was something that they had
  251. 10:12overlooked he had been on the forest for
  252. 10:1415 years the Gail Miller's case was the
  253. 10:17first homicide he had ever worked
  254. 10:19however he knew early in the
  255. 10:22investigation that an arrest and a
  256. 10:24conviction would help him Advance his
  257. 10:27career and he was right four years after
  258. 10:29the murder Detective Joe penkala was
  259. 10:32promoted to inspector then
  260. 10:34superintendent then chief of police but
  261. 10:37at this point the police really didn't
  262. 10:39have much to work with and were starting
  263. 10:41to feel the pressure the two thousand
  264. 10:43dollar reward they were offering got the
  265. 10:45Public's attention but not in a good way
  266. 10:48hundreds of people started calling in
  267. 10:50with bizarre stories that were obviously
  268. 10:52false but money does strange things to
  269. 10:55people detective Eddie karst who was one
  270. 10:58of the full-time detectives in
  271. 11:00investigating Gail Miller's murder is
  272. 11:02quoted as saying I think there's
  273. 11:04pressure on an investigator to solve any
  274. 11:07damn murder I know I felt obligated to
  275. 11:10get to the bottom of it that was the
  276. 11:12same as several others here it was a
  277. 11:14gruesome type where you really felt you
  278. 11:16wanted to get who was responsible so it
  279. 11:19can't happen again on March 15 1969
  280. 11:23Saskatoon police issued a press release
  281. 11:25asking the public if any households were
  282. 11:28missing a six-inch paring knife as a
  283. 11:31blade that was similar was used in the
  284. 11:33murder of Gail Miller the knife had a
  285. 11:35maroon handle and was made in Japan
  286. 11:37months passed by and it seemed like the
  287. 11:40case had gone cold David Milgard was
  288. 11:44born on July 7 1952 to Joyce Milgard and
  289. 11:48Lauren Milgard in Winnipeg Manitoba he
  290. 11:52was the oldest of four children with one
  291. 11:55brother and two sisters he spent his
  292. 11:57early childhood years in Winnipeg and
  293. 12:00when he was in grade 8 the family moved
  294. 12:02to the Tiny Town of lincolnburg
  295. 12:05Saskatchewan that sits close to the
  296. 12:07border of Manitoba currently langenberg
  297. 12:10only has a population of 1100 people I
  298. 12:13imagine it was even smaller back in the
  299. 12:1560s the family struggled a bit
  300. 12:17financially forcing them to move around
  301. 12:20a lot to find work between 5th and 8th
  302. 12:23grade David had been enrolled in four
  303. 12:26different schools as a kid he wanted to
  304. 12:29be liked and hated feeling like an
  305. 12:31outsider he discovered that pulling
  306. 12:33pranks was a great way to get attention
  307. 12:35and acceptance from his peers but pranks
  308. 12:39eventually evolved into Petty crimes
  309. 12:41Behavior which his parents tried to
  310. 12:44correct immediately they even took him
  311. 12:46to a psychiatric center in Yorkton where
  312. 12:49he stayed for three months but it soon
  313. 12:51became clear that David was just fine he
  314. 12:54wasn't psychotic he was just rebellious
  315. 12:56so he was sent to a boys school instead
  316. 12:59but this didn't really help him David
  317. 13:01hated the boys school and put no effort
  318. 13:03into his classes he ran away a few times
  319. 13:06and dropped out of school in the ninth
  320. 13:09grade he was a self-described hippie and
  321. 13:11had a passion for cars and wanted to
  322. 13:14escape the small town life and travel he
  323. 13:17enjoyed hitchhiking and traveled this
  324. 13:19way all over Canada sometimes he would
  325. 13:22get into trouble but police usually put
  326. 13:24him on a bus back to Saskatchewan as he
  327. 13:27Grew Older he developed a reputation for
  328. 13:30um quote hopping in and out of bed with
  329. 13:33as many girls as possible the girls all
  330. 13:36nicknamed him hoppy in 1968 David
  331. 13:40realized he had a gift for talking and
  332. 13:43wanted to put this talent to use so he
  333. 13:45applied for a job selling magazine
  334. 13:47subscriptions but before he could make
  335. 13:50this a full-time career he needed a
  336. 13:52sales license first he was currently
  337. 13:55waiting for this to be approved when he
  338. 13:57traveled to Regina Saskatchewan in
  339. 14:00January of 1969 while he was in town he
  340. 14:04met up with an old friend named Ron
  341. 14:06Wilson the two had known each other for
  342. 14:08about a year and a half both were
  343. 14:10passionate about cars and Ron had just
  344. 14:13been given a car for Christmas a light
  345. 14:15green 1958 Pontiac which he was excited
  346. 14:19about after chatting for a bit the two
  347. 14:21spontaneously decided to take Ron's car
  348. 14:24for a road trip and asked a mutual
  349. 14:26friend named Nicole John to join them
  350. 14:29Nicole had known Ron for about two years
  351. 14:32and had sort of a friends with benefit
  352. 14:35thing going on with David Ron's car was
  353. 14:38in rough shape and that's me being
  354. 14:40generous the battery was dead and the
  355. 14:42tires were flat the tires were
  356. 14:44salvageable but the battery not so much
  357. 14:47they needed a new one but since none of
  358. 14:50them had any money Ron and David decided
  359. 14:53that stealing a battery would be a good
  360. 14:55idea while they were stealing it they
  361. 14:57accidentally broke the battery casing
  362. 15:00and ended up with acid all over their
  363. 15:02clothing David ended up changing his
  364. 15:05pants into a very noticeable loud green
  365. 15:08pair of pants with yellow stripes they
  366. 15:11finally got the car going and began
  367. 15:13their trip from Regina to Saskatoon at
  368. 15:1612 30 in the morning
  369. 15:18in the middle of the night I'm getting
  370. 15:20anxiety just reading about this they're
  371. 15:22in a junky car in the middle of the
  372. 15:25night during the dead of winter on an
  373. 15:27isolated Highway and there are no cell
  374. 15:30phones back then if they got into
  375. 15:31trouble or God forbid broke down the
  376. 15:34group had plans to meet up with David's
  377. 15:36friend named shorty once they reached
  378. 15:38Saskatoon he hadn't seen his friend in a
  379. 15:41while and wanted to invite him along on
  380. 15:43the trip they also had little to no
  381. 15:45money to finance this trip Nicole had
  382. 15:48some money from her last paycheck but
  383. 15:50Ron and David were flat broke while they
  384. 15:53were on the road they talked about
  385. 15:55various ways they could get more money
  386. 15:57they talked about break and enters and
  387. 15:59purse snatching but neither had enough
  388. 16:01courage to go through with it although
  389. 16:03they did end up breaking into a grain
  390. 16:05elevator but the only item they found
  391. 16:07was a flashlight they arrived in
  392. 16:09Saskatoon sometime between 5 30 and 6 30
  393. 16:13a.m but they really didn't have any idea
  394. 16:16where they were going Nicole and Iran
  395. 16:18had never been to Saskatoon and David
  396. 16:21wasn't much help either he only knew
  397. 16:23that his friend lived near a church in a
  398. 16:26district Called Peace Hill or Pleasant
  399. 16:28Hill at one point they stopped and asked
  400. 16:30a woman for directions but she was
  401. 16:33unable to help them then they pulled
  402. 16:35into a motel where David went inside and
  403. 16:38asked for a city map the manager of the
  404. 16:40motel would later say that there was
  405. 16:42nothing unusual about the encounter he
  406. 16:45was normal and polite the only thing
  407. 16:47that was weird was that David ran into
  408. 16:49the motel wearing only his socks and
  409. 16:51this was apparently because his feet
  410. 16:53were hot with the help of a map they
  411. 16:55ended up back in the area where they
  412. 16:57originally asked the woman for
  413. 16:59directions they ended up turning down an
  414. 17:02alley where they saw a driver stuck in
  415. 17:04the snow and the ice they tried to push
  416. 17:07the man's car free with their own car
  417. 17:09but then both vehicles ended up becoming
  418. 17:12stuck at this time it was about 7 30 a.m
  419. 17:15and the owner of the car was a man named
  420. 17:18Walter danchuk he called for a tow truck
  421. 17:20and let the group wait inside his home
  422. 17:22Dan chalk remembers making small talk
  423. 17:25with David about the group's trip he
  424. 17:27remembered that David had a tear in his
  425. 17:29pants but everything else about the
  426. 17:31encounter was normal after both cars
  427. 17:34were towed out of the snow the group
  428. 17:36finally found Saint Mary's Church which
  429. 17:38wasn't far from where shorty lived David
  430. 17:41knew his friend only lived one block
  431. 17:43away at 334 Avenue O this area was just
  432. 17:48one and a half blocks away from where
  433. 17:50Gail Miller's body was discovered at
  434. 17:52this point it was nine in the morning
  435. 17:54and the area was filled with cops
  436. 17:56collecting evidence from the murder
  437. 17:58scene Shorty's real name was Albert
  438. 18:00Henry cadrain and he was 17. he invited
  439. 18:04the group in and the first thing Ron and
  440. 18:06David did was change their clothing Ron
  441. 18:09was still wearing clothes covered in
  442. 18:12battery acid and they both changed in
  443. 18:14front of everyone this is important but
  444. 18:16we'll cover that later Ron had also
  445. 18:19parked on the wrong side of the street
  446. 18:21so after David changed his clothing he
  447. 18:23would move the car to the opposite side
  448. 18:25of the road shorty was all in on the
  449. 18:28road trip and at 4 30 PM the group began
  450. 18:31the trip towards Alberta it's also
  451. 18:34important to note that everyone in the
  452. 18:35group was surviving on little to no
  453. 18:37sleep at this point in the apartment
  454. 18:40below shorty lived 17 year old Linda
  455. 18:43Fisher and her husband 19 year old Larry
  456. 18:46Fisher Linda had recently had an
  457. 18:49argument with Larry that didn't sit well
  458. 18:51with her he had been out all night the
  459. 18:53night before which in itself wasn't
  460. 18:56unusual Larry Fisher liked to party but
  461. 18:59he always showed up to work on time the
  462. 19:01next day even after a night of heavy
  463. 19:04drinking but today Larry was skipping
  464. 19:06work and the couple ended up having a
  465. 19:09huge fight and randomly Linda blurted
  466. 19:11out my paring knife is missing you're
  467. 19:14probably the one who was out stabbing
  468. 19:16that girl this was true through her
  469. 19:19paring knife was missing but she yelled
  470. 19:21that out in the heat of a bitter fight
  471. 19:23she didn't really believe that Larry had
  472. 19:25actually stabbed her that's why she was
  473. 19:28shocked by how he reacted quote he
  474. 19:31looked at me like a guilty person who
  475. 19:33had just been caught the color drained
  476. 19:35from his face and he looked shocked and
  477. 19:37scared I will never forget his
  478. 19:39expression Linda and Larry were in a
  479. 19:42toxic marriage they got married very
  480. 19:44young because Linda got pregnant and
  481. 19:47throughout her pregnancy Larry started
  482. 19:49spending less time at home Larry Fisher
  483. 19:52worked in construction and enjoyed
  484. 19:54drinking and hunting basically anything
  485. 19:56that involved getting away from Linda
  486. 19:59she hoped things would improve after the
  487. 20:01baby was born but they didn't she gave
  488. 20:04birth to a baby girl and Larry wanted a
  489. 20:07boy she also suspected he was cheating
  490. 20:09on her and eventually her suspicions
  491. 20:12were confirmed they argued frequently
  492. 20:14and bitterly and each time Larry became
  493. 20:17more vile lent although strangely enough
  494. 20:20Linda said that she never feared for her
  495. 20:22life although she had good reason to be
  496. 20:25afraid Larry Fisher was a violent sexual
  497. 20:28predator remember those brutal sexual
  498. 20:30assaults that were happening around
  499. 20:32Saskatoon that I mentioned earlier guess
  500. 20:35who was responsible although it would
  501. 20:37take a while a team of private
  502. 20:39detectives and journalists would prove
  503. 20:42that Larry Fisher was a serial rapist it
  504. 20:45took nearly two years before Larry
  505. 20:47Fisher was linked to these assaults and
  506. 20:50he only confessed because he was caught
  507. 20:52trying to attack another woman it would
  508. 20:54be years before Linda Fisher considered
  509. 20:56that Larry Fisher was responsible for
  510. 20:59Gail Miller's murder Not only was there
  511. 21:01his odd response to her accusation but a
  512. 21:04day or two after the murder a child came
  513. 21:07to Linda's door returning Larry's wallet
  514. 21:10the wallet had been found just down the
  515. 21:12street between Linda and Larry's house
  516. 21:14and the murder site also Linda's Uncle
  517. 21:17confessed some years later that while he
  518. 21:19was burning some garbage in a barrel
  519. 21:21Larry came over and tossed a pair of
  520. 21:24work boots that were almost brand new
  521. 21:26into the fire her uncle thought that
  522. 21:28this was odd but didn't ask any
  523. 21:30questions some members of the Saskatoon
  524. 21:33police force felt that the same person
  525. 21:36who was sexually assaulting women at
  526. 21:38knifepoint might be responsible for Gail
  527. 21:41Miller's murder police would question
  528. 21:43Larry Fisher briefly on the morning of
  529. 21:46February 5th 1969. while investigating
  530. 21:50and still searching for a potential
  531. 21:52suspect he was waiting for a bus at 6 49
  532. 21:55a.m at 20th Street this was the same bus
  533. 21:59that Gail Miller was to board on the day
  534. 22:01she was killed they asked him his name
  535. 22:04and address and what he was doing on the
  536. 22:07previous Friday he told them that he
  537. 22:09took the bus that morning to work at 6
  538. 22:1230 a.m which we all know wasn't true
  539. 22:15however the police didn't investigate
  540. 22:18him any further until more than 20 years
  541. 22:21had passed Chief James kettles was in
  542. 22:24charge of saskatoon's police department
  543. 22:26he began this role in 1954 when
  544. 22:30Saskatoon had a population of only 47
  545. 22:33000 people and crime in Saskatoon was
  546. 22:36virtually non-existent and the police
  547. 22:38force at the time was a small team of
  548. 22:4147. 15 years later the city had more
  549. 22:45than doubled in size and the police
  550. 22:47force had grown to 250 and he still knew
  551. 22:51every officer by name but his views of
  552. 22:54society were very old school to say the
  553. 22:57least I don't think this man would have
  554. 22:59approved of the Canadian Charter of
  555. 23:01Rights and Freedoms which as of 1982
  556. 23:04became Canada's Constitution and all
  557. 23:07Canadian officers swear an oath to
  558. 23:09uphold he is quoted as saying the
  559. 23:12greatest explosion we have taking place
  560. 23:14in this country is not the economy but
  561. 23:17crime rising from inadequate lack of
  562. 23:20support and disrespect of police
  563. 23:22officers we witness acts of Civil
  564. 23:25Disobedience perpetrated by people who
  565. 23:28make use of the law for the purpose of
  566. 23:31breaking the law on the baseless
  567. 23:33pretense of protecting Freedom he also
  568. 23:36had zero patience for hippie culture the
  569. 23:39police force had also been accused of
  570. 23:42police brutality on multiple occasions
  571. 23:44in 1969 the same year that Gail Miller
  572. 23:47was killed this caused quite the Scandal
  573. 23:50but Chief kettles blamed Society for
  574. 23:53being irresponsible instead of the
  575. 23:55police for assaulting Canadian citizens
  576. 23:58this was the man leading the Gale Miller
  577. 24:00case and he wanted All Leads thoroughly
  578. 24:03investigated soon a tip came in that a
  579. 24:07group of teenagers was seen leaving
  580. 24:08Albert Henry cadrain's house or Shorty's
  581. 24:12house driving West the same day of the
  582. 24:14murder the group had all returned to
  583. 24:16Regina by Feb February 5th after driving
  584. 24:19around Alberta for a few days shortly
  585. 24:22afterwards shorty was arrested for
  586. 24:24vagrancy and spent a week in jail while
  587. 24:27he was in jail he was questioned about
  588. 24:29what he was doing on January 31st he was
  589. 24:33brought into a room where officers
  590. 24:35stripped him naked and did a full body
  591. 24:37search and then they interrogated him
  592. 24:39about the murder shorty told the police
  593. 24:42who he was on the road trip with but he
  594. 24:44said he didn't know anything about a
  595. 24:46murder there was absolutely no physical
  596. 24:48evidence to link shorty to the case but
  597. 24:51they didn't tell him that they told him
  598. 24:54that he was a suspect the case wasn't
  599. 24:56making any Headway but then on March 2nd
  600. 24:59everything changed a man walked into the
  601. 25:02police station in Saskatoon and said he
  602. 25:04had a story to tell he said that he saw
  603. 25:07David Milgard in Saskatoon on January
  604. 25:1031st 1969 at 9 00 am and that he had
  605. 25:14blood on his clothes he said that David
  606. 25:16was nervous and wanted to leave town
  607. 25:18quickly and that he also saw David get
  608. 25:21rid of a woman's makeup bag so who was
  609. 25:24this mystery man
  610. 25:26it was shorty remember the two thousand
  611. 25:28dollar reward that was being offered by
  612. 25:30police Shorty would later be the one to
  613. 25:33collect on it although he said that the
  614. 25:35reward wasn't the reason he came forward
  615. 25:37but two thousand dollars back in the 60s
  616. 25:39was a butt load of money especially for
  617. 25:42someone who didn't have any he told
  618. 25:44police that David's behavior on the trip
  619. 25:46was odd and that David had said that he
  620. 25:49was a member of the mafia and that he
  621. 25:51wanted to get a gun and kill Rana Nicole
  622. 25:54because they quote Knew Too Much shorty
  623. 25:58had given conflicting statements to the
  624. 26:00police however police had chose to
  625. 26:03believe his second statement and ignore
  626. 26:05the first word spread quickly around the
  627. 26:08station and now police were on their way
  628. 26:10to interview Nicole John and Ron Wilson
  629. 26:13they found Wilson pretty quickly he was
  630. 26:16in jail after he committed some petty
  631. 26:18crimes Wilson cooperated with the police
  632. 26:21interview he said that inspector Riddell
  633. 26:23who is conducting the interview was
  634. 26:25friendly but made it obvious that David
  635. 26:27Milgard was a murder suspect this was
  636. 26:30the first time that Wilson had ever
  637. 26:32heard about the murder of Gail Miller
  638. 26:34after the interview was over Ron Wilson
  639. 26:37gave inspector Riddell a signed
  640. 26:39statement saying he left Regina around
  641. 26:421am and arrived in Saskatoon between 5
  642. 26:45and 6 am he told the story of the car
  643. 26:48getting stuck while trying to free the
  644. 26:50danchuk's car and arriving at Shorty's
  645. 26:52Place finally and changing their clothes
  646. 26:55they waited several hours for the
  647. 26:57transmission of Ron's car to be repaired
  648. 26:59and then left town between three and
  649. 27:02four in the afternoon he also stated
  650. 27:04quote at no point during the time when
  651. 27:07we were in Saskatoon was David Milgard
  652. 27:10out of my sight for more than one or two
  653. 27:13minutes I never knew Dave to have a
  654. 27:16knife I'm convinced that David Milgard
  655. 27:18never left our company the morning we
  656. 27:21were in Saskatoon the code he was
  657. 27:23wearing a brown one is at my play place
  658. 27:26and it also has an acid burn and the
  659. 27:29pair of pants he changed is now in my
  660. 27:32car in the back seat all during this
  661. 27:35trip there was never any mention about
  662. 27:37the murder of a girl in Saskatoon in
  663. 27:40fact I didn't even know about this
  664. 27:42murder until the police told me today
  665. 27:44and the cool John story was pretty much
  666. 27:47the same and she signed a statement that
  667. 27:49didn't incriminate David Milgard but the
  668. 27:52cops still wanted to talk to David and
  669. 27:54were trying to find him David had
  670. 27:56received his sales license that he had
  671. 27:58been waiting for and had moved to
  672. 28:00Winnipeg selling magazine subscriptions
  673. 28:03for McLean Hunter on March 3rd David
  674. 28:06found out that police wanted to talk to
  675. 28:08him he was brought in for questioning
  676. 28:10for six hours and basically told police
  677. 28:13the same story that Nicole John and Ron
  678. 28:15Wilson did at no time was he told that
  679. 28:18he was a suspect in a murder case after
  680. 28:21the interview detective karst asked
  681. 28:24David if he could search David hotel
  682. 28:26room and David agreed cars found nothing
  683. 28:29no blood no murder weapon not even drugs
  684. 28:33but karst was suspicious because of
  685. 28:35Shorty's story I don't know why it never
  686. 28:37occurred to them that shorty might be
  687. 28:39lying other than Shorty's statement they
  688. 28:42had nothing to tie David to the crime
  689. 28:43there was no motive or physical evidence
  690. 28:46all they had was that David Milgard was
  691. 28:49in Saskatoon the morning of the murder
  692. 28:51that's it rather than consider the
  693. 28:54possibility that someone else was the
  694. 28:56real killer police decided to bully
  695. 28:59Nicole John and Ron Wilson into changing
  696. 29:02their statements police told Wilson he
  697. 29:04was lying and that he too was a murder
  698. 29:06suspect on April 4th the snow was
  699. 29:10beginning to melt in Saskatoon and an
  700. 29:13eight-year-old child discovered Gail
  701. 29:14Miller's wallet Only Three Doors Down
  702. 29:17from Shorty's house or Larry Fisher's
  703. 29:19house whichever you prefer as all of
  704. 29:22Gail's other possessions were found in
  705. 29:24the general area this just reassure
  706. 29:27detective karst that Milgard was the
  707. 29:29right suspect the next day police
  708. 29:31conducted a door-to-door search asking
  709. 29:34people if they found anything out of the
  710. 29:36ordinary one woman found a blue toque
  711. 29:39with blood stains on it although there
  712. 29:41was no proof who this took belonged to
  713. 29:43and it was never submitted into evidence
  714. 29:45police in the meantime continued to
  715. 29:48harass Ron Wilson Ron became depressed
  716. 29:51and started drinking heavily and was
  717. 29:53arrested for possession of drugs
  718. 29:55eventually he had a Breaking Point and
  719. 29:58told police what they wanted to hear
  720. 30:00that David may have been responsible so
  721. 30:03police asked Ron to come back to
  722. 30:05Saskatoon police took him to the area
  723. 30:08where Gail Miller had been discovered
  724. 30:10murdered and they asked him over and
  725. 30:13over again what he could remember they
  726. 30:15then took Ron to a hotel where they
  727. 30:18interrogated him for another six hours
  728. 30:20and they hooked him up to a polygraph
  729. 30:22machine for another two hours they
  730. 30:25showed him Gail Miller's coat her white
  731. 30:28nurse's uniform the bloodstained nylons
  732. 30:31weapons the knife with the broken handle
  733. 30:34Gail Miller's purse I'm not familiar
  734. 30:37with law back in 1969 but none of this
  735. 30:40sounds very legal and then something
  736. 30:42weird happened police brought in Nicole
  737. 30:45John into the same room and began
  738. 30:48questioning them both at the same time
  739. 30:50again not familiar with law from back in
  740. 30:53the day but this sounds totally sketchy
  741. 30:55at this point Wilson snapped quote my
  742. 30:59mind was exhausted and I was mentally
  743. 31:01scrambled Wilson said 20 years later I
  744. 31:05remember now like it was brainwashing
  745. 31:07finally I began to implicate melguard in
  746. 31:10the murder telling the police the things
  747. 31:13they wanted to hear Ron was a frightened
  748. 31:1517 year old who just wanted the police
  749. 31:18to leave him alone he told police that
  750. 31:20he saw David holding a knife on the
  751. 31:23drive between Regina and Saskatoon and
  752. 31:26it was a paring knife with a reddish
  753. 31:28brown handle remember the cops have been
  754. 31:31waving the evidence in front of Ron for
  755. 31:33the past couple of hours he said the
  756. 31:35group were driving around Saskatoon
  757. 31:37looking for Shorty's house and Milgard
  758. 31:40rolled down a window to ask a woman for
  759. 31:43directions she said she was unable to
  760. 31:45help them and David apparently called
  761. 31:47her a stupid [ __ ] after this Ron
  762. 31:50attempted to make a U-turn but the car
  763. 31:52got stuck in the snow he said that he
  764. 31:54and Milgard tried to push the car free
  765. 31:57but were unsuccessful so they walked
  766. 32:00away in opposite directions looking for
  767. 32:02help and when Wilson returned to the car
  768. 32:04Nicole was apparently in a hysterical
  769. 32:07State David returned to the car
  770. 32:09apparently five minutes later and was
  771. 32:11breathing heavily and said quote I fixed
  772. 32:14her according to Wilson this all
  773. 32:17occurred around 6 30 in the morning the
  774. 32:19car was just outside the alley Where
  775. 32:22Gail Miller's body had been discovered
  776. 32:24Wilson also claimed that two men driving
  777. 32:27a cream-colored Chrysler helped them
  778. 32:29push their car free but he couldn't
  779. 32:31remember what these men looked like and
  780. 32:33the police were never able to find these
  781. 32:35Witnesses Wilson also changed his story
  782. 32:38about not seeing blood on David's
  783. 32:41clothing he now claimed that he saw
  784. 32:43blood on David's pants at Shorty's house
  785. 32:46and while they were driving to Alberta
  786. 32:48Nicole found a woman's makeup bag in the
  787. 32:51glove compartment and again the cops had
  788. 32:53just been waving all of this evidence in
  789. 32:56front of Ron so apparently Nicole asked
  790. 32:58who it belonged to and David grabbed it
  791. 33:01and threw it out the window no one asked
  792. 33:03why he did this or brought it up for the
  793. 33:06rest of the trip and then Wilson
  794. 33:07remembered a conversation he had with
  795. 33:10David on the trip apparently when they
  796. 33:13arrived in Calgary Milgard apparently
  797. 33:15said to Wilson that he hit a girl or got
  798. 33:18a girl back in Saskatoon and he put the
  799. 33:22purse in the garbage he said no one
  800. 33:24witnessed this exchange and he didn't
  801. 33:27bring it up again because he didn't
  802. 33:28think it was true police basically did
  803. 33:31the same thing with Nicole John
  804. 33:33interrogating her for hours but Nicole
  805. 33:35was really second guessing herself
  806. 33:37because basically from January to
  807. 33:40October she was continually taking LSD
  808. 33:43after endless interrogations by
  809. 33:45detective karst she basically agreed
  810. 33:48that Shorty's versions of events were
  811. 33:50the correct one she was scared and she
  812. 33:53didn't want to accuse shorty of being a
  813. 33:55liar and she realized the police wanted
  814. 33:57her to confirm Shorty's Story the police
  815. 34:00now had three statements to back up
  816. 34:02their theory of who killed Gail Miller
  817. 34:04even though it was based on a complete
  818. 34:07lie but they had tunnel vision and they
  819. 34:10had made up their mind about Milgard
  820. 34:11this was an official Saskatoon police
  821. 34:14report that was written on March 22nd
  822. 34:171969 about David Milgard and it's
  823. 34:20incredibly biased it reads quote it is
  824. 34:24my opinion that Mill guard is a
  825. 34:26dangerous person and is known that he
  826. 34:29has a record as a juvenile for several
  827. 34:31serious offenses but this wasn't true
  828. 34:34the only offense that David had on his
  829. 34:36record was for joyriding there was
  830. 34:38nothing in his past to indicate that he
  831. 34:40was a violent person on May 23rd Nicole
  832. 34:44John was shown the same items that Ron
  833. 34:46Wilson was shown Gail Miller's clothes
  834. 34:49her purse and the knife and although she
  835. 34:52wasn't under arrest when police were
  836. 34:55finished questioning her they took her
  837. 34:57to a cell block at the Saskatoon police
  838. 34:59station where she started to bang on the
  839. 35:01wall and scream this is a 16 year old
  840. 35:04girl being held against her will no
  841. 35:07wonder this department was under
  842. 35:09investigation for police brutality the
  843. 35:11next day police told her that they
  844. 35:13wanted a formal statement from her and
  845. 35:15then they would take her home police
  846. 35:17were apparently stunned at the statement
  847. 35:19she gave but I'm not sure why they were
  848. 35:21stunned they held her against her will
  849. 35:23overnight the statement was 10 page
  850. 35:25inches long and it contradicted
  851. 35:27everything she had previously told
  852. 35:29police I won't read the whole statement
  853. 35:31but here's a small excerpt Dave reached
  854. 35:34in his pocket and pulled out the knife I
  855. 35:37don't know which pocket he got the knife
  856. 35:39from the knife was in his right hand I
  857. 35:42don't know if Dave had a hold of the
  858. 35:44girl or not this time all I recall is
  859. 35:47seeing him stabbing her with a knife
  860. 35:49right away there's a problem with this
  861. 35:51statement Gail was found with her dress
  862. 35:53rolled down to her waist but this detail
  863. 35:55was never released to the public there
  864. 35:58were also no knife cuts on her dress
  865. 36:00according to Nicole John Gale was fully
  866. 36:03clothed when she was attacked but police
  867. 36:05didn't care they had their eyewitness
  868. 36:07and issued a warrant for David milgard's
  869. 36:10arrest David by now was selling
  870. 36:12magazines in Prince George he had the
  871. 36:15gift of the gab and enjoyed the work but
  872. 36:18then on May 30th 1969 it was announced
  873. 36:21that David Edgar melgaard age 17 was
  874. 36:25charged with the murder of Gail Miller
  875. 36:27he was arrested in Prince George after
  876. 36:30police issued a warrant for his arrest
  877. 36:32this would later be corrected on June
  878. 36:342nd David's real age wasn't 7 teen it
  879. 36:38was 16. and once murder charges were
  880. 36:40filed this case moved quickly as far as
  881. 36:43murder cases go he faced a preliminary
  882. 36:46hearing on August 18 1969 we're between
  883. 36:5030 to 45 Witnesses were due to testify
  884. 36:53that seems like a lot of witnesses for
  885. 36:56just a preliminary hearing but I'm not a
  886. 36:58lawyer some examples of witnesses who
  887. 37:00were called to testify include the
  888. 37:02little girl who found the body multiple
  889. 37:05police officers and milgard's former
  890. 37:08traveling companions who all lied and
  891. 37:10spun a story of him as a raging
  892. 37:12psychopath who attacked a random woman
  893. 37:14on the street quote I just couldn't
  894. 37:17believe it when I started to hear the
  895. 37:19testimony it scared me I wanted to jump
  896. 37:22up and say something I wanted to tell
  897. 37:24the truth from start to finish I wanted
  898. 37:27to do that badly but I couldn't David
  899. 37:30was very confused and scared as to why
  900. 37:32this was happening Bob Caldwell led the
  901. 37:35prosecution going through through all
  902. 37:37the old newspapers the preliminary
  903. 37:39hearing was highly publicized that would
  904. 37:42be unheard of now it seemed to be Front
  905. 37:44Page News every single day and there
  906. 37:47were no legal restrictions back in 1969
  907. 37:49when it came to reporting on testimony
  908. 37:52given during the preliminary hearing the
  909. 37:55result was a media [ __ ] show how much of
  910. 37:58the jury pool was poisoned by this we'll
  911. 38:00never really know for sure Saskatoon was
  912. 38:03a decent size close to 130 000 people
  913. 38:06but it still had a fairly small town
  914. 38:08feel to it so while David sat there
  915. 38:10quietly Caldwell encouraged prosecution
  916. 38:13witnesses to reveal as much as they
  917. 38:16could remember the problem with lying is
  918. 38:18it's hard for most people to remember
  919. 38:20the small details of their lie the truth
  920. 38:23is much easier so while they were on the
  921. 38:26stand some witnesses ran with their lie
  922. 38:28and embellished it further while shorty
  923. 38:31was on the stand he said David appeared
  924. 38:34to be nervous and said I got blood in my
  925. 38:37close I need to change shorty had never
  926. 38:40admitted before that David had said this
  927. 38:42another time David apparently told him
  928. 38:45that he was in the mafia this was just a
  929. 38:48ridiculous statement shorty oddly enough
  930. 38:51never mentioned this in court again
  931. 38:53David's lawyer did his best to raise
  932. 38:55doubt but the deck was stacked against
  933. 38:57him three of David's friends were all
  934. 39:00accusing him of the crime in the end
  935. 39:02Justice h.j Cummings ordered David
  936. 39:06Milgard to stand trial for non-capital
  937. 39:09murder the jury trial wasn't scheduled
  938. 39:11until January 19th of 1970 presiding
  939. 39:15over the case was Justice A.H bentz from
  940. 39:19the star of Phoenix quote wearing a
  941. 39:23green gray suit with a gold shirt
  942. 39:24Milgard appeared at ease and showed
  943. 39:27interest in the function of the Court he
  944. 39:30pleaded not guilty to the charge in a
  945. 39:32clear loud voice that would be the only
  946. 39:35time the jury heard David Milgard speak
  947. 39:38TDR Caldwell was Prosecuting the case
  948. 39:41and defense counsel was Cal Telus the
  949. 39:44jury was made up of 11 men and one woman
  950. 39:47and at the beginning of the trial Mr
  951. 39:50Caldwell told the jury he intended to
  952. 39:52call 42 Witnesses that's almost as many
  953. 39:55as the preliminary hearing the stained
  954. 39:58clothing of Gail Miller was exhibited in
  955. 40:00court including red stained underwear
  956. 40:03and a blacked crumpled winter coat
  957. 40:05photos of the murder scene were quickly
  958. 40:07entered into evidence identification
  959. 40:10officer Thor cleave was asked to verify
  960. 40:13the items that had been recovered from
  961. 40:15the murder site and identify Gail
  962. 40:18Miller's clothing officer cleave
  963. 40:20testified about arriving on the scene at
  964. 40:239 10 on January 31st
  965. 40:261969. he found Gail Miller lying face
  966. 40:29down in the snow she was wearing a black
  967. 40:32coat with a fur collar and fur cuffs the
  968. 40:35police officer noticed that after the
  969. 40:38body had been turned over on its left
  970. 40:40side by the coroner Dr Sydney Fogle he
  971. 40:44saw that Miss Miller's underwear was
  972. 40:46down around her ankles and her white
  973. 40:49nurse's uniform was down around her
  974. 40:51waist and he said her arms were in the
  975. 40:54sleeve of her coat the witness also
  976. 40:56testified that the zipper on the back of
  977. 40:59her dress was broken and that the center
  978. 41:01button was missing from the coat officer
  979. 41:04cleave told the court that the body had
  980. 41:06three wounds just below the shoulder
  981. 41:08blade three wounds on the left shoulder
  982. 41:11and extensive bruises and marks to the
  983. 41:13face and throat he said there were also
  984. 41:16bruise marks inside of her legs by the
  985. 41:19knees also submitted into evidence or
  986. 41:21exhibits including photographs and
  987. 41:24sketches of the area and the clothing
  988. 41:26Miss Miller wore at the time of her
  989. 41:28death this included a stained nurse's
  990. 41:31uniform with the name badge of Miss G
  991. 41:33Miller Nicole John would end up
  992. 41:36recanting her story about David and the
  993. 41:38knife and witnessing the stabbing that
  994. 41:40she had told in the preliminary hearing
  995. 41:42under cross-examination she admitted to
  996. 41:45having a criminal record and serving
  997. 41:47prison terms for offenses including
  998. 41:50possession of stolen goods theft over
  999. 41:53fifty dollars car theft breaking and
  1000. 41:56entering possession of LSD and
  1001. 41:58conspiracy to commit fraud she also
  1002. 42:01admitted to using alcohol and LSD and
  1003. 42:04heroin to the point of quote it gets so
  1004. 42:08bad you don't know if you're high or
  1005. 42:10stoned Ron Wilson was considered to be
  1006. 42:13the prosecution star witness but
  1007. 42:16Wilson's testimony was all over the
  1008. 42:18place and full of holes Wilson testified
  1009. 42:21to having issues with booze and drugs
  1010. 42:23too and also admitted under
  1011. 42:26cross-examination that during a stay in
  1012. 42:28prison from February 19th to May 9 1969
  1013. 42:33he had told police that nobody in his
  1014. 42:36car had anything to do with Gail
  1015. 42:39Miller's murder he said he first tied
  1016. 42:41Milgard to the murder on May 22nd in
  1017. 42:44Saskatoon when he was being questioned
  1018. 42:47by police Justice bence also asked
  1019. 42:50Wilson several questions which he said
  1020. 42:53the jury requested the first was whether
  1021. 42:55Nicole or Wilson were under the
  1022. 42:58influence of drugs or alcohol the
  1023. 43:00morning they drove into Saskatoon and
  1024. 43:03Wilson replied no and regarding Wilson's
  1025. 43:06testimony about seeing Milgard in the
  1026. 43:08car with a knife Justice Spence asked
  1027. 43:12quote how could you see anything in the
  1028. 43:14dark the judge had a point that stretch
  1029. 43:17of highway between Saskatoon and Regina
  1030. 43:19is Pitch Black there's not much on it
  1031. 43:22it's extremely isolated it's mainly a
  1032. 43:25farming area there's no street lights
  1033. 43:26and no real light pollution not until
  1034. 43:29you drive into the cities Wilson
  1035. 43:31admitted to the court that he was a
  1036. 43:33suspect in the murder of Miss Miller and
  1037. 43:36that while serving prison term in Regina
  1038. 43:38he had been visited by members of the
  1039. 43:41Saskatoon City Police Force the Regina
  1040. 43:43police force and members of the RCMP
  1041. 43:47when Wilson had met up with Milgard and
  1042. 43:49Regina he had known him for about 18
  1043. 43:51months and this time when he testified
  1044. 43:53about the events of January 31st he
  1045. 43:57changed his testimony from the
  1046. 43:58preliminary hearing he said that when
  1047. 44:00the car got stuck He Walked In One
  1048. 44:02Direction but he didn't see which
  1049. 44:04direction Milgard had gone in
  1050. 44:07contradicting his earlier testimony he
  1051. 44:09also said that when David returned to
  1052. 44:11his car he had blood on the front of his
  1053. 44:13clothing again contradicting his earlier
  1054. 44:16testimony when he said David returned to
  1055. 44:18the car he appeared to be breathing
  1056. 44:21heavily but there was absolutely no
  1057. 44:23mention of blood he said that about 15
  1058. 44:25minutes passed from the time he and
  1059. 44:27Milgard parted ways to get help and when
  1060. 44:30they met up back at the car again again
  1061. 44:32changing his testimony when he only said
  1062. 44:35months before that David was on only
  1063. 44:37away from the car for about five minutes
  1064. 44:39his testimony was all over the place and
  1065. 44:42defense attorney Talus called him out on
  1066. 44:44it when he asked why his answers changed
  1067. 44:47he was quoted as saying because I've
  1068. 44:49been thinking about it a lot since then
  1069. 44:51also admitted into evidence was a signed
  1070. 44:54statement by Nicole John that read quote
  1071. 44:57all I recall is seeing him stab her with
  1072. 45:01the knife but when asked about this
  1073. 45:03statement by Crown prosecutors she
  1074. 45:05recanted the statement Mr Caldwell then
  1075. 45:08requested the court to have her declared
  1076. 45:10a hostile witness allowing him to
  1077. 45:12cross-examine her it was in that
  1078. 45:14statement she was quoted as saying she
  1079. 45:17saw Milgard stabbing the woman with a
  1080. 45:19knife when asked if she made this
  1081. 45:21statement Nicole started sobbing and
  1082. 45:23replied I don't know I can't remember if
  1083. 45:26I was on a trip or not when Caldwell
  1084. 45:28started peppering her with questions
  1085. 45:30about the knife she may or may not have
  1086. 45:32seen Nicole became hysterical again to
  1087. 45:36the point where the judge had had enough
  1088. 45:38of her theatrics justice Spence at this
  1089. 45:41point made a charge to the jury about
  1090. 45:43the statement he said in respect to the
  1091. 45:46statement that this witness admits
  1092. 45:48giving the only evidence that can be
  1093. 45:51considered against the accused are the
  1094. 45:53portions of the statement which the
  1095. 45:55witness has accepted under oath in the
  1096. 45:58witness box any statement that she is
  1097. 46:01not admitted to being the truth is not
  1098. 46:03evidence against the accused the broken
  1099. 46:06and blood-stained knife found under the
  1100. 46:08body of Gail Miller was next examined by
  1101. 46:11the jury Lieutenant penkala was the
  1102. 46:14first police officer to arrive at the
  1103. 46:16scene of the murder he testified that
  1104. 46:18after the body had been removed he found
  1105. 46:21a blood-stained knife blade buried in
  1106. 46:23the snow right underneath where the body
  1107. 46:26had been laying he said the blade had
  1108. 46:29been snapped off and had not just pulled
  1109. 46:32out of the knife handle and that the
  1110. 46:34blade was three and a half inches long
  1111. 46:36and sharp on one side he testified that
  1112. 46:39the woman was wearing a black coat which
  1113. 46:41was unbuttoned one button was missing
  1114. 46:43and that her garments beneath the coat
  1115. 46:46were crumpled the police officer said
  1116. 46:48there appeared to have been a struggle
  1117. 46:50in the area and the snow had been
  1118. 46:52trampled he also reported blood stains
  1119. 46:55in the snow and the woman's hair was
  1120. 46:57messed and matted with snow the woman's
  1121. 47:00hands were bent under her body her fists
  1122. 47:03were clenched there were also no
  1123. 47:05noticeable Footprints leading to the
  1124. 47:07body and no tire marks Justice bench
  1125. 47:11then asked about the lack of footprints
  1126. 47:13and tire trucks saying quote can you
  1127. 47:16tell me how the body got there and
  1128. 47:19Lieutenant penkala responded that it was
  1129. 47:21so cold it was impossible to see fresh
  1130. 47:23marks saying that the temperature was so
  1131. 47:26extreme the snow had a texture like sand
  1132. 47:28interest in this trial was starting to
  1133. 47:31grow all across Saskatoon each day the
  1134. 47:34courtroom was packed with people many of
  1135. 47:36whom couldn't get a seat so they were
  1136. 47:38standing at the back lining the sides of
  1137. 47:41the courtroom and even sitting on the
  1138. 47:42floor politicians even got involved
  1139. 47:44reassuring the public that the police
  1140. 47:46had caught the right person the mayor of
  1141. 47:49Saskatoon would occasionally make public
  1142. 47:51statements praising the police for
  1143. 47:53keeping the streets safe next up was
  1144. 47:56Albert cadrain otherwise known as shorty
  1145. 47:59and he was nervous to take the stand he
  1146. 48:02told the court that around 9 A.M on
  1147. 48:04January 31st 1969 Milgard Wilson and
  1148. 48:09Nicole arrived at his home when asked by
  1149. 48:12prosecution if he noticed anything about
  1150. 48:14milgard's clothing shorty said that
  1151. 48:17David was wearing a brown coat that was
  1152. 48:19chewed up by acid he also said that
  1153. 48:22there were blood marks on milgard's
  1154. 48:24pants and on the stomach area of his
  1155. 48:27shirt he testified that Milgard changed
  1156. 48:29his clothing in front of everyone in the
  1157. 48:31living room and after he changed he took
  1158. 48:34the keys from Wilson left the house and
  1159. 48:37got in the car Milgard was gone for
  1160. 48:39about five to ten minutes it was at this
  1161. 48:42time he was moving the car that Ron had
  1162. 48:44parked on the wrong side of the road
  1163. 48:46after searching for a bit for some
  1164. 48:48friends that shorty wanted to invite
  1165. 48:50along for the trip they headed out west
  1166. 48:53initially heading for Edmonton first but
  1167. 48:56ended up on the wrong road out of
  1168. 48:58Saskatoon and wound up on the highway to
  1169. 49:01Calgary instead he said that when they
  1170. 49:03were near Rosetown shorty saw the handle
  1171. 49:06of a makeup compact that Nicole was
  1172. 49:09asking about and David threw it out the
  1173. 49:11window under cross-examination by Cal
  1174. 49:14Telus he was asked if David had any
  1175. 49:17blood marks on his shorts while he was
  1176. 49:19changing his pants to which shorty
  1177. 49:21replied no there were no other stains
  1178. 49:24that right there should have raised
  1179. 49:26questionable doubt one fact that was
  1180. 49:29never told to the jury was that shorty
  1181. 49:31was in line to collect the two thousand
  1182. 49:33dollar reward money for his testimony
  1183. 49:35implicating David Milgard another fact
  1184. 49:38that wasn't revealed until almost 20
  1185. 49:40years later was that shorty was seeing
  1186. 49:43disturbing Visions at the time one of
  1187. 49:46these Visions led him to believe that
  1188. 49:47David Milgard was guilty these Visions
  1189. 49:50would continue until shorty checked
  1190. 49:52himself into a mental hospital where he
  1191. 49:54was eventually diagnosed with
  1192. 49:56schizophrenia at this point in the trial
  1193. 49:58all the evidence against David was
  1194. 50:00circumstantial there was no hairs no
  1195. 50:03blood no fingerprints there was
  1196. 50:05reddish-colored semen found in Gail
  1197. 50:07Miller's body but it apparently had been
  1198. 50:10thrown out without being tested for a
  1199. 50:12blood type the two yellow lumps of snow
  1200. 50:15which were initially thought to be semen
  1201. 50:17but one of these lumps apparently had no
  1202. 50:19human matter in it and the other sample
  1203. 50:22contained antigens from a person with a
  1204. 50:24type A blood type 80 percent of the
  1205. 50:27population secrete blood group
  1206. 50:29substances David melgard was type A
  1207. 50:32blood but he was part of the 20 of the
  1208. 50:34population that did not secrete antigens
  1209. 50:37into their body fluid and Gail Miller
  1210. 50:40was type O blood Gail Miller's purse and
  1211. 50:43contents of the purse were then examined
  1212. 50:45by the court detective Gerald mccorsen
  1213. 50:48of the city police described how he
  1214. 50:51found a woman's purse after it was
  1215. 50:53dumped from a trash can into a garbage
  1216. 50:56truck apparently he was following behind
  1217. 50:58a garbage truck and saw the purse dumped
  1218. 51:01out and grabbed it the purse's contents
  1219. 51:04included a makeup bag that had an
  1220. 51:06eyeshadow eyeliner and lipsticks the
  1221. 51:09purse also held paper tissues black
  1222. 51:12cotton gloves photographs and a Bank of
  1223. 51:15Montreal folder with the name Gail
  1224. 51:17Miller on the inside there was no money
  1225. 51:20bus ticket or wallet inside the purse
  1226. 51:23and then two very strange Witnesses were
  1227. 51:26called to testify out of the blue Craig
  1228. 51:29Alfred Melnick age 17 and George lapchuk
  1229. 51:33age 18 and I'm not even sure why this
  1230. 51:36was allowed in the first place because
  1231. 51:38it was complete hearsay they told the
  1232. 51:40court that they were in a hotel room in
  1233. 51:42Regina with melguard and he talked about
  1234. 51:45the police questioning him and taking a
  1235. 51:48test for the police and if the test was
  1236. 51:50positive he would be arrested someone in
  1237. 51:53the room asked if he did it and Milgard
  1238. 51:56put a pillow between his knees and
  1239. 51:59started hitting the pillow and said
  1240. 52:00quote I stabbed her 14 times and then he
  1241. 52:04rolled on his side and started laughing
  1242. 52:06but under cross-examination Melnick
  1243. 52:10admitted that he hadn't told police the
  1244. 52:11story until recently when he had been
  1245. 52:14charged with armed robbery and was
  1246. 52:16hoping for a lighter sentence and really
  1247. 52:18recently he only admitted this two weeks
  1248. 52:21before milgard's trial George lapchuk
  1249. 52:24was essentially the same he was awaiting
  1250. 52:26trial on forgery charges and both faced
  1251. 52:29imprisonment after testifying at the
  1252. 52:31trial there were others in the motel
  1253. 52:33that night but none of them were called
  1254. 52:35to testify for either the prosecution or
  1255. 52:39the defense one of them was a woman
  1256. 52:41named Deborah Hall and her story was
  1257. 52:44very different than the one that Melnick
  1258. 52:46and lapchuk told but her version of
  1259. 52:48events wouldn't be heard until almost 20
  1260. 52:51years had passed on February 8 1970
  1261. 52:55Craig Melnick was sentenced to six
  1262. 52:57months in jail according to the Leader
  1263. 53:00Post newspaper the sentence is believed
  1264. 53:02to have been the lightest sentence ever
  1265. 53:05handed out in Regina for armed robbery
  1266. 53:07the prosecution rested and the defense
  1267. 53:10declined to call any Witnesses Cal Talus
  1268. 53:14did not want David to take the stand he
  1269. 53:17felt that telling the jury another story
  1270. 53:19would only hurt David and he didn't want
  1271. 53:22to take the chance of David falling
  1272. 53:23apart under cross-examination in closing
  1273. 53:27argument Caldwell suggested that this
  1274. 53:29was a purse snatching robbery gone wrong
  1275. 53:32and referred to Shorty's testimony about
  1276. 53:34the supposed blood on David's pans that
  1277. 53:37for whatever reason didn't soak through
  1278. 53:39to David's shorts and insinuated the
  1279. 53:42David raped Gail after she was already
  1280. 53:45dead and even though he was unable to
  1281. 53:47prove those supposed semen samples
  1282. 53:49belonged to David he was unable to Let
  1283. 53:52It Go saying that the task didn't
  1284. 53:54eliminate Melgar but those tests didn't
  1285. 53:57eliminate a good portion of the
  1286. 54:00population of Saskatoon as well but of
  1287. 54:02course Caldwell didn't tell the jury
  1288. 54:04this the defense pointed out the
  1289. 54:07inconsistencies regarding Nicole Ron and
  1290. 54:10Shorty's testimonies especially the
  1291. 54:13testimony regarding the makeup bag
  1292. 54:14police found in the trash can about one
  1293. 54:17block away which wouldn't have been the
  1294. 54:19case if Milgard had tossed it out the
  1295. 54:21window on the trans-canada highway he
  1296. 54:24also pointed out that their testimony
  1297. 54:26changed multiple times from their
  1298. 54:28initial statements to the preliminary
  1299. 54:30hearings to the trial he also questioned
  1300. 54:33why Milgard was not covered in blood
  1301. 54:35Gail had been stabbed over a dozen times
  1302. 54:38and he was apparently on top of her if
  1303. 54:41he had done what he was being accused of
  1304. 54:43he would have been soaked in blood but
  1305. 54:45multiple Witnesses including the motel
  1306. 54:48owner where David had picked up a map
  1307. 54:50and the danchuks who helped the group
  1308. 54:52out with their car said that there was
  1309. 54:55no blood on him not a drop he also
  1310. 54:58pointed out the police didn't find any
  1311. 55:00blood in Ron Wilson's car and that Ron
  1312. 55:03Wilson's mother had washed David's
  1313. 55:06clothes when they returned from the trip
  1314. 55:08and didn't notice any blood on the pants
  1315. 55:10that he wore at the time in his closing
  1316. 55:13argument Talus said that the timeline
  1317. 55:15didn't add up Gail Miller normally
  1318. 55:18caught the bus at 7am and David was seen
  1319. 55:22at the traveler motel at 7 10 a.m that
  1320. 55:26meant David only had a few minutes to
  1321. 55:29stab Gail sexually assault her get rid
  1322. 55:32of her purse and other possessions get
  1323. 55:35the car unstuck from the alley and drive
  1324. 55:37a dozen blocks to the motel where he
  1325. 55:40asked for a map without one drop of
  1326. 55:42blood seen on him or without any cuts
  1327. 55:45and scratches the case then went to the
  1328. 55:47jury of 11 men and one woman and Justice
  1329. 55:51bent told the jury quote the onus is on
  1330. 55:54the crown to prove guilt the accused
  1331. 55:57does not have to prove that he is
  1332. 55:59innocent oh the irony of that statement
  1333. 56:02the jury deliberated for 14 hours and on
  1334. 56:06January 31st at 12 15 PM the jury found
  1335. 56:1017 year old David Milgard guilty of
  1336. 56:13non-capital murder so Justice is served
  1337. 56:16right
  1338. 56:17not even close an innocent man was just
  1339. 56:21sentenced to life in prison due largely
  1340. 56:23because of police incompetence and
  1341. 56:25Corruption and even worse the real
  1342. 56:27murderer was still loose on the streets
  1343. 56:30Larry Fisher had yet to go to prison for
  1344. 56:32his serial rape crimes and was still
  1345. 56:35free to terrorize the City of Saskatoon
  1346. 56:37it would take 23 years to correct this
  1347. 56:40Injustice and freed David from prison
  1348. 56:43and 27 years to prove who the real
  1349. 56:45killer was however this is where I will
  1350. 56:48leave things for now in part two I'll
  1351. 56:51cover David's journey to clear his name
  1352. 56:53and gain his freedom back Larry Fisher's
  1353. 56:56conviction and the public inquiry that
  1354. 56:59followed the cost taxpayers millions of
  1355. 57:01dollars thank you so much for watching
  1356. 57:03please be sure to like this video And
  1357. 57:05subscribe if you would like to support
  1358. 57:07my channel you can go to buy me a coffee
  1359. 57:09to donate all the links to my socials
  1360. 57:12are in the description box below thank
  1361. 57:14you again and I will see you next time

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