Editing David Milgaard (section)

== Arrest, trial and exoneration ==
In January 1969, 16-year-old Milgaard and his friends Ron Wilson and Nichol John embarked on a trip across Canada. The three were in [[Saskatoon]], [[Saskatchewan]], visiting their friend Albert Cadrain when a 20-year-old nursing student, Gail Miller, was found dead on a snowbank in the vicinity of the Cadrain home. Under pressure to solve a crime that had generated significant publicity, police focused their attention on Milgaard, Wilson and John. In an attempt to clear his name and assist the investigation, Milgaard turned himself in to police in [[Prince George, British Columbia|Prince George]], [[British Columbia]]. Police sent him back to Saskatoon, where he was charged with Miller's murder. Milgaard's friends John and Wilson were coerced by police into giving [[false confession]]s. Cadrain also gave a false confession and later testified that he had seen Milgaard return the night of Miller's murder in blood-stained clothing. Wilson and John told police they had been with him the entire day and they believed him to be innocent, but changed their stories after police threatened them with prosecution if they did not cooperate.<ref>{{cite news |last1=Green |first1=Kevin |title='Will you stop typing?': Five decades after being wrongly convicted, Milgaard reflects on the idea of Canadian justice |url=https://calgary.ctvnews.ca/will-you-stop-typing-five-decades-after-being-wrongly-convicted-milgaard-reflects-on-the-idea-of-canadian-justice-1.4791067 |access-date=October 20, 2020 |agency=CTV News |date=January 30, 2020}}</ref>

With Cadrain, John and Wilson's testimony, then-17-year-old Milgaard was convicted of murder and sentenced to life in prison on January 31, 1970, exactly a year after Miller's murder.<ref name="CBC-Timeline">{{cite news |title=In depth: David Milgaard |department=Timeline |work=[[CBC News]] |date=September 26, 2008 |url=https://www.cbc.ca/news2/background/milgaard/ |access-date=May 22, 2022}}</ref> In 1971, Milgaard's appeal was rejected by the [[Saskatchewan Court of Appeal]], and the [[Supreme Court of Canada]] declined to hear his appeal.<ref name="CBC-Timeline"/>  Milgaard later wrote of the hardships he faced in prison, where he was raped and later attempted suicide.<ref name="Macleans1999">{{Cite magazine |last=Bergman |first=Brian |title=Milgaard's Victory |magazine=[[Maclean's]] |volume=112 |issue=22 |date=May 31, 1999 |page=28 |issn=0024-9262 |url=https://archive.macleans.ca/article/1999/5/31/milgaards-victory}}</ref>

=== Exoneration ===
Milgaard's lawyers and his mother, Joyce, worked for many years on clearing his name.<ref name="Macleans1999" /><ref>{{cite news |first=Lisa |last=Joy |title=Christmas 1980 Joyce Milgaard fights for son's innocence, commission for wrongful convictions only now being created |website=sasktoday.ca |date=December 26, 2021 |url=https://www.sasktoday.ca/north/local-news/christmas-1980-joyce-milgaard-fights-for-sons-innocence-commission-for-wrongful-convictions-only-now-being-created-4900181 |access-date=May 22, 2022}}</ref><ref name="Macleans1992">{{cite news |last1=Jenish |first1=D’arcy |title=The Survivors -- David Milgaard gets a new start on life |url=https://archive.macleans.ca/article/1992/4/27/the-survivors |access-date=May 22, 2022 |work=[[Maclean's]] |date=April 27, 1992 |archive-url=https://web.archive.org/web/20220522104730/https://archive.macleans.ca/article/1992/4/27/the-survivors |archive-date=May 22, 2022 |url-status=dead}}</ref> A formal application for appeal was completed in 1988, but was not considered until 1991<ref name="CBC-Timeline" /> when the federal government submitted a [[reference question]] to the Supreme Court of Canada, which recommended Milgaard's conviction be set aside. [[Kim Campbell]], the [[Minister of Justice and Attorney General of Canada|federal minister of justice]] at the time, ordered that pursuant to section 690 of the ''[[Criminal Code (Canada)|Criminal Code]]'', a new trial be held on the murder charge against Milgaard. However, the government of Saskatchewan announced it would not do so, instead entering a [[stay of proceedings]] in the case against Milgaard, releasing him from prison on April 16, 1992.<ref>{{cite news |title=Wrongfully convicted David Milgaard released from prison 25 years ago  |date=April 16, 2017 |work=[[CBC News]] |url=https://www.cbc.ca/news/canada/saskatchewan/david-milgaard-25th-anniversary-of-release-1.4071825 |access-date=January 21, 2020 |quote=Milgaard was released from prison, after a court ruled he should have a new trial in the 1969 murder of Saskatoon nursing aide Gail Miller}}</ref>

On July 18, 1997, a [[DNA]] laboratory in the United Kingdom released a report confirming that semen samples on the victim's clothing did not originate from Milgaard, effectively exonerating Milgaard of the crime.<ref name="Macleans1999"/>

On May 17, 1999, the governments of Canada and Saskatchewan announced that a settlement had been reached with Milgaard, and that he would be paid C$10&nbsp;million compensation for pain and suffering, lost wages and legal fees.<ref>{{cite encyclopedia |url=https://esask.uregina.ca/entry/milgaard_david_1952-.jsp |title=Milgaard, David |encyclopedia=The Encyclopedia of Saskatchewan |publisher=[[University of Regina]] |access-date= May 16, 2022}}</ref><ref>{{cite news |title=Milgaard will get $10 million compensation |work=[[CBC News]] |date=May 17, 2000 |url=http://www.cbc.ca/news/canada/milgaard-will-get-10-million-compensation-1.174896 |access-date=February 26, 2016}}</ref><!-- source for most of this paragraph: the timeline of the Milgaard Inquiry at http://www.milgaardinquiry.ca/pubdocs/PolicePhase-OpeningRemarks-05302005/324945.pdf -->

=== Inquiry ===
On September 30, 2003, the Saskatchewan government announced a [[royal commission]] would investigate Milgaard's wrongful conviction. On February 20, 2004, Justice Edward P. MacCallum was announced as the commissioner.<ref>{{cite web|url=https://www.cbc.ca/news/canada/alberta-judge-to-head-up-milgaard-inquiry-1.509410 |access-date=May 23, 2022 |date=February 20, 2004 |publisher=CBC News |title=Alberta judge to head up Milgaard inquiry}}</ref>

On September 26, 2008, the Saskatchewan Minister of Justice, [[Don Morgan]], released the findings of the Milgaard inquiry. Among its recommendations were a call for the federal government to create an independent body to review allegations of wrongful conviction. The report noted that if such a body had existed, Milgaard might have been released from jail years earlier than he actually was. Linda Fisher, ex-wife of Larry Fisher, visited the Saskatoon police department in 1980. She told the police that she believed her former husband had likely killed Miller. The Saskatoon police department did not follow up on her statement.<ref>{{cite web|url=http://www.canada.com/saskatoonstarphoenix/news/local/story.html?id=385773c6-ce93-4a4e-b9a5-c3b9415773c0 |title=Police missed opportunity to reopen case |work=The StarPhoenix |date=September 27, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20140315232539/http://www.canada.com/saskatoonstarphoenix/news/local/story.html?id=385773c6-ce93-4a4e-b9a5-c3b9415773c0 |archive-date=March 15, 2014 }}</ref> The inquiry report released by MacCallum states that, "while MacCallum noted that Milgaard's family members mounted a formidable public awareness campaign, their efforts also created tension and resentment within the police and the Crown's office."<ref>{{cite news |url=http://www.cbc.ca/news/canada/saskatchewan/joyce-milgaard-delighted-by-report-recommendations-1.762328 |access-date=2015-10-14 |date=September 26, 2008 |work=CBC News |title=Joyce Milgaard 'delighted' by report recommendations}}</ref>

=== Real killer ===
{{anchor|Larry Fisher (murderer)}} The DNA evidence that exonerated Milgaard led police to Larry Earl Fisher (August 21, 1949 – June 10, 2015), who was renting the basement of the Cadrain family home in January 1969. Fisher was [[arrest]]ed on July 25, 1997, in [[Calgary]] and [[conviction (law)|convicted]] of Miller's murder on November 22, 1999.<ref name="CBC-Timeline" /> Fisher, who had previously served a total of 23 years for numerous rapes committed in [[Manitoba]] and Saskatchewan, was handed a [[life sentence]].<ref>{{cite news |title=Fisher gets life sentence |url=https://www.cbc.ca/storyview/CBC/2000/01/04/larry000104 |access-date=May 22, 2022 |work=CBC News |date=January 5, 2000 |archive-url=https://web.archive.org/web/20031221011333/https://www.cbc.ca/storyview/CBC/2000/01/04/larry000104 |archive-date=December 21, 2003 |location=web.archive.org}}</ref>  The Court of Appeal for Saskatchewan unanimously denied the [[appeal]] of his conviction in September 2003.<ref>{{cite web | url=http://www.justice.gov.sk.ca/milgaard/pubdocs/09192005/Larry%20Fisher/067059.pdf |title=Residences and Movements of Larry Fisher |last1=Counsel |first1=D.A. |date=December 15, 1997 |access-date=June 11, 2015| url-status=dead |archive-url=https://web.archive.org/web/20150613105903/http://www.justice.gov.sk.ca/milgaard/pubdocs/09192005/Larry%20Fisher/067059.pdf |archive-date=June 13, 2015 }}</ref>

Fisher was eligible for [[parole]] on multiple occasions, but opted not to have his case heard by the [[National Parole Board]].<ref>{{cite news | url=http://www.winnipegfreepress.com/breakingnews/null-40379892.html| title=Parole board says rapist, murderer Larry Fisher has passed on June parole hearing| date=February 26, 2009| work=Winnipeg Free Press |agency=The Canadian Press}}</ref>  He died on June 10, 2015, at the [[Correctional Service of Canada|Pacific Institution]] in [[Abbotsford, British Columbia|Abbotsford]], British Columbia.<ref>{{cite news | url=http://www.cbc.ca/news/canada/manitoba/larry-fisher-killer-behind-david-milgaard-s-wrongful-conviction-dies-in-prison-1.3108684| title=Larry Fisher, Killer Behind David Milgaard's Wrongful Conviction, Dies in Prison| date=June 11, 2015| agency=[[The Canadian Press]]| work=[[CBC News]]}}</ref>