Close X
Thursday, December 12, 2024
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

    Metro Vancouver Serial Child Rapist Ibata Hexamer Disputes Computer Evidence In Sentencing Hearing

    Metro Vancouver Serial Child Rapist Ibata Hexamer Disputes Computer Evidence In Sentencing Hearing
    B.C. Supreme Court Justice James Williams said the stakes are high for Ibata Hexamer and has called a hearing next week to determine the admissibility of the computer evidence in the sentencing process.

    Metro Vancouver Serial Child Rapist Ibata Hexamer Disputes Computer Evidence In Sentencing Hearing

    New Democrats Repeatedly Demand The Resignation Of B.C. Children's Minister

    The death of an 18-year-old male in government care is a part of a pattern of tragedies plaguing British Columbia's Ministry of Children and Families, say Opposition New Democrats who made repeated calls Monday for the minister to resign. 

    New Democrats Repeatedly Demand The Resignation Of B.C. Children's Minister

    Tractors, Cows On Ottawa Streets As Farmers Express Trade Talk Fears

    Tractors, Cows On Ottawa Streets As Farmers Express Trade Talk Fears
    Dozens of tractors are clogging Wellington Street in front of the Parliament Buildings.

    Tractors, Cows On Ottawa Streets As Farmers Express Trade Talk Fears

    Suspected Drunk Driver's Family 'deeply Saddened' By Crash That Left Grandfather And 3 Kids Dead

    Suspected Drunk Driver's Family 'deeply Saddened' By Crash That Left Grandfather And 3 Kids Dead
    Marco Muzzo's mother Dawn Muzzo expressed the family's condolences in a statement released today.

    Suspected Drunk Driver's Family 'deeply Saddened' By Crash That Left Grandfather And 3 Kids Dead

    New B.C. Rules Make Pensions More Secure, Offer Key For Locked-in Funds

    New B.C. Rules Make Pensions More Secure, Offer Key For Locked-in Funds
    The British Columbia government is announcing new standards for workplace pension plans, creating options that could be activated even before an employee retires.

    New B.C. Rules Make Pensions More Secure, Offer Key For Locked-in Funds

    Seniors Outnumber Children Under 14 For The First Time In Canada: Statistics Canada

    The agency said the number of Canadians aged 65 or older edge out the number of children under the age of 14, according to the most recent population figures.

    Seniors Outnumber Children Under 14 For The First Time In Canada: Statistics Canada