Thursday, December 18, 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

    Canada's Mayors Call On Federal Parties To Make Housing A Campaign Issue

    The mayors of some of Canada's largest cities have called on federal parties to make commitments to affordable housing.

    Canada's Mayors Call On Federal Parties To Make Housing A Campaign Issue

    B.C. New Democrat Leader John Horgan Vows Partnership With Cities At Conference

    John Horgan spoke to hundreds of local politicians from across the province gathered at the annual Union of B.C. Municipalities conference.

    B.C. New Democrat Leader John Horgan Vows Partnership With Cities At Conference

    What Recession? Joe Oliver Says Canada Was Not In Downturn Earlier This Year

    Finance Minister Joe Oliver says the country was not in a recession in the first half of the year despite economic data to the contrary.

    What Recession? Joe Oliver Says Canada Was Not In Downturn Earlier This Year

    Suspect In Murders Of Alberta Father And Daughter Has Case Put Over One Week

    Suspect In Murders Of Alberta Father And Daughter Has Case Put Over One Week
    Derek James Saretzky didn't even appear in a Lethbridge court as the matter was quickly adjourned to Sept. 30. 

    Suspect In Murders Of Alberta Father And Daughter Has Case Put Over One Week

    Coroners Inquest Called Into Fatal Police Shooting Outside B.C. Casino

    Coroners Inquest Called Into Fatal Police Shooting Outside B.C. Casino
    A coroners' inquest has been called into the death of a 48-year-old man who was shot by police during an armed standoff outside a casino in New Westminster, B.C.

    Coroners Inquest Called Into Fatal Police Shooting Outside B.C. Casino

    Thousands Of Ballots Not Counted In Transit Plebiscite: Elections BC

    Thousands Of Ballots Not Counted In Transit Plebiscite: Elections BC
    Sixty-two per cent of Metro Vancouverites rejected a proposal by area mayors to raise $7.5 billion for transit upgrades through an extra half-per cent sales tax.

    Thousands Of Ballots Not Counted In Transit Plebiscite: Elections BC