Wednesday, December 17, 2025
ADVT 
National

David Milgaard Says Presumption Of Innocence For Accused Has Vanished

Darpan News Desk The Canadian Press, 08 Oct, 2015 11:20 AM
    SASKATOON — A man who spent 23 years in prison for a murder he didn't commit says he is still troubled to see how the public reacts to news stories about crime.
     
    David Milgaard says the first inclination of most people is to assume a person who has been accused of a crime is guilty.
     
    He says the presumption of innocence that is supposed to be assured by the legal system "just completely disappears."
     
    David Milgaard was in Saskatoon on Wednesday to demand action on the way Canadian courts review convictions.
     
    The Association for the Wrongfully Convicted has been calling for an independent federal commission to review possible miscarriages of justice, which is a recommendation that has been made in five different provincial inquiries.
     
    Milgaard was wrongfully convicted in Saskatoon in 1970 for the rape and murder of nurse's aide Gail Miller, a crime that had actually been committed by serial rapist Larry Fisher.
     
    He was joined Wednesday by Tammy Marquardt, who was wrongfully convicted in 1993 of murdering her infant son, Kenneth.
     
    Her conviction came as a result of evidence from Charles Smith, a forensic pathologist who was later found to have botched work on several autopsies, including Kenneth's. Marquardt spent 14 years in prison before finally being released.
     
    Both were in Saskatoon to deliver a talk to University of Saskatchewan law students, in the hopes that sharing their experiences would help future lawyers to avoid repeats of their stories.
     
    Milgaard said he comes back to Saskatoon to speak out of a sense of responsibility for other wrongfully convicted people still languishing in prison.
     
    "We should always remember that those people are there and they exist on hope," he said. "And if somebody doesn't have something to say about it, who's going to say something about it?"
     
    Marquardt said she has a simple message for people about her experience.
     
    "Never give up hope. Always fight for the truth. Never back down from the truth no matter what other people say. No matter how hard people are trying to push you down or judge you."
     
    Milgaard and Marquardt are backing the call for an independent board to take conviction reviews out of the hands of the courts.
     
    "I think it's important for everybody, not just lawyers, but for the public itself to be aware that wrongful convictions are taking place and that these people are sitting right now, behind bars and they're trying to get out," said Milgaard.
     
    "The policies that are keeping them there need to be changed. The wrongful conviction review process is failing all of us miserably."

    MORE National ARTICLES

    David Wynn, Officers Who Died In The Line Of Duty Are Honoured In Cross-Country Services

    David Wynn, Officers Who Died In The Line Of Duty Are Honoured In Cross-Country Services
    As memorial services across Canada recognized peace officers who have died in the line of duty, two cases in northern Alberta this past year showed just how dangerous their jobs can be

    David Wynn, Officers Who Died In The Line Of Duty Are Honoured In Cross-Country Services

    Weekend Shopping Mall Killing Brings Vancouver's Murder Count To 13 For 2015

    Weekend Shopping Mall Killing Brings Vancouver's Murder Count To 13 For 2015
    Police say they responded shortly after 2 p.m. on Sunday to multiple calls of shots fired in a mall parking lot (on King Edward Avenue near Oak Street).

    Weekend Shopping Mall Killing Brings Vancouver's Murder Count To 13 For 2015

    B.C. To Lead Country In Growth, But Job Creation Stuck In Second Gear

    Premier Christy Clark's promises to transform British Columbia into Canada's top job-creating engine appears to be stuck in second gear, even as the provincial economy is predicted to surge.

    B.C. To Lead Country In Growth, But Job Creation Stuck In Second Gear

    Brother Of Murdered Woman Shocked After Vancouver Removes Memorials

    Brother Of Murdered Woman Shocked After Vancouver Removes Memorials
    Bronze plaques bearing the names of Georgina Papin, Brenda Wolfe and Marnie Frey were installed in a sidewalk in the city's Downtown Eastside in 2012.

    Brother Of Murdered Woman Shocked After Vancouver Removes Memorials

    Canadian Official For U.N. Watched Syrian Refugee Crisis 'Slow Burn' In Lebanon

    Canadian Official For U.N. Watched Syrian Refugee Crisis 'Slow Burn' In Lebanon
    When the daily queue of weary Syrians outside the United Nations refugee agency in Lebanon swelled to the thousands, Canadian Ninette Kelley realized the crisis could stretch endlessly. 

    Canadian Official For U.N. Watched Syrian Refugee Crisis 'Slow Burn' In Lebanon

    Stargazers In For Double Treat Tonight; Supermoon And Total Lunar Eclipse

    Stargazers In For Double Treat Tonight; Supermoon And Total Lunar Eclipse
    Weather permitting stargazers will get a rare two for one treat tonight — a total lunar eclipse combined with a so called supermoon.

    Stargazers In For Double Treat Tonight; Supermoon And Total Lunar Eclipse