Anne Bayin
CBC NEWS ONLINE
Larry Fisher, Guilty of Murder. Thank Joyce, I say. Thank Joyce.
Finally, Joyce Milgaard's got her man. It is she who deserves to take
the bow here. Not the Mounties, not the Saskatchewan justice system, certainly
not the Saskatoon police, whose bungled investigation into one of the most
brutal murders in the city's history put her 16-year-old hippie son in
jail for the best years of his life. It is Joyce Milgaard, mother of David
-who, like many teenagers, was no angel, but, according to his mom, no
killer either - that deserves the credit for this final verdict. If not
for her unswerving belief in David's innocence, her relentless pursuit
of the truth, the painstaking detective work done by her and her legal
team, I very much doubt Larry Fisher would have been brought to trial,
let alone convicted of the 1969 murder of nursing assistant, Gail Miller.
Justice has been embarrassingly slow in this case, but it has been done.
It only took 30 years. Replayed television news clips of the Miller crime
scene flicker in black and white. That long ago. If only those who
were not guilty could breathe a huge collective sigh of relief and finally
be free to get on with their lives. If only it were that simple.
This story has resonated with me for years. For one thing, it occurred
too close to home for comfort. I grew up on the Prairies, in North Battleford,
the town where Larry Fisher's mother lives, where my mother lives today,
where Fisher's last known victim lives. It was in my hometown that he viciously
raped and nearly killed a 56-year-old woman in 1980, while out on parole
visiting his mother.
Saskatoon, where the Miller murder was committed, lies an hour and a
half away, sometimes less, depending on the traffic. To us kids growing
up, it was "the city", a place with more sophisticated shops and cafes
and people. It was a beautiful, benign university town. Murder was the
last thing on its mind.
Back in 1969, I had friends who were young nurses, and a sister who
had recently attended classes at the University of Saskatoon. I myself
had walked in the back alleys of the city, alone and with friends, laneways
identical to the one where Miller's body was discovered face-down in a
snowbank, stabbed and slashed more than two dozen times. On the morning
of January 31st, she had been on her way to the bus and her dream job in
the pediatric ward of City Hospital.
Six degrees of separation. In 1992, I spent time with the Milgaards
when I was assigned to write a story on Joyce for a national magazine.
Then again, this year, David and Joyce Milgaard were guests on a show I
produced on wrongful conviction, for the television program Pamela Wallin.
It was one of the riskiest, most intense and ultimately rewarding shows
of our season. David's bad days outweighed the good. We wondered if he,
his wife, Marnie, and his psychiatrist, who had agreed to come along, would
even arrive on that plane from Vancouver (they did); we wondered whether
David would be in "good enough shape" emotionally to go on the air (he
was, barely); we felt the most important thing was that David, if he were
at all able, be allowed to speak for himself. For too many years Milgaard
had been spoken about, his wishes interpreted by third parties.
It was time to hear from the man.
The story resonates for other reasons. It contains our worst fears:
being falsely accused and convicted of a crime we didn't commit, and being
the victim of a random act of violence. I don't know with whom I identified
more, the girl or the boy. I have often thought of the outrage, the betrayal
and the utter helplessness David Milgaard must have felt during his time
in jail. The physical and sexual assaults he suffered. No one to listen.
His rage had nowhere to turn but inward, resulting in several suicide attempts
and an escape that ended badly: the Toronto police shot him in the back.
The fact that David Milgaard is alive today is astonishing.
I'm riveted by the statistics: 42 below. That's how cold it was
the morning Gail Miller set off to work. I think of the sheer bitterness
of the weather, the kind that numbs you instantly, frosts up your scarf,
and stings your forehead. Who commits such a savage crime in the early
morning, in bone-chilling winter and in the snow? Gail Miller didn't stand
a chance. Women who walk alone instinctively raise their antenna at night,
and on warm summer evenings.
One in 950,000,000,000,000. According to an RCMP biologist, that's
the probability the human sperm cells found on Gail Miller's clothing did
not belong to Larry Fisher. And what, I wonder, were the probabilities
at play that day in 1969, when David Milgaard and his sorry band of friends
dropped over to Albert (Shorty) Cadrain's house for a visit? The same precise
house where the trail of belongings from Miller's body would lead: a knife
handle, a boot, a wallet. The same house where Larry Fisher lived, with
his wife, in the basement? Fisher, who later confessed to three other brutal
rapes, conducted in his signature style - side grab attack, hand clamped
over the mouth, knife at the throat- around the time of the Miller murder.
Were the chances of Milgaard being in the wrong place at the wrong time
that day as high as that DNA statistic for Fisher?
$10,000,000. That's the amount of the settlement the Milgaards
were awarded, along with a long-awaited apology from the government of
Saskatchewan. It may be the highest cash settlement of its kind in our
country's history, but it hasn't made David Milgaard a free man. He still
has nightmares.
23 years. The number of years David Milgaard spent in jail; the
number of years to which the rest of the Milgaard family, Lorne, Susan,
Maureen and Chris were sentenced to sacrifice any semblance of normal family
life. The kids grew up with a brother who was a convicted sex murderer.
Their mother was gathering her forces to embark on her heroic, single-minded
and sometimes irritating crusade, not only to free their brother, but also
to reform the whole prison system.
30 years. The number of years Gail Miller's family has had to
wait for closure. They are the least talked about victims here. When I
met David Milgaard again last year, I was struck by how young he appeared,
how handsome he was in person, although he seemed unaware of his looks.
With his new haircut, wearing glasses, when he wasn't looking scared, there
was a striking resemblance to Warren Beatty. More recently, I watched him,
alongside his mother, she in a gown, he in a tuxedo, on stage at the Gemini
Awards. They were celebrating "Milgaard" the made-for-TV movie based
on his life. The film took six prizes, including the coveted Best TV Movie
and Best Direction awards. Joyce looked radiant; David looked uncomfortable,
and fidgety, as if he didn't quite know where he fit in. How could he?
It will probably take the rest of his life to answer that question. This
is a man, after all, who had to learn how to bank in his mid-forties. Who
hardly saw a sunset for twenty years. Who went from being Prisoner #289699
to being famous.
So, for David Milgaard, what is real, and what is absurd? Is he someone
who enjoys a Mediterranean cruise, like the one he took recently? Is he
happiest when he's building a garage, planting a garden, or hanging out
with friends? He has self-published a chapbook called "The Rabbit's
Paw (for Bandit's Blues)." Does writing poetry give him satisfaction?
Will he ever, really, feel free? David Milgaard is a man who needs to escape
to the woods just to breathe sometimes.
Shortly after David was first sent to prison, in September 1970, Larry
Fisher was caught while fleeing from an attack on a woman in Fort Garry,
a Winnipeg suburb. Under interrogation, he confessed to a string of brutal
sex attacks in Saskatoon, some of which had occurred in Miller's neighbourhood
and during the same time frame as her murder. You'd expect a light switch
would have gone on somewhere in the province, but it didn't. For inexplicable
reasons, Fisher's case was handled quietly in Regina, not Saskatoon, away
from the scene of most of his crimes. You'd think the capture of a serial
rapist would make major headlines, in order that the public be informed
and better able to sleep at night. But the Saskatoon media were never alerted
and investigators familiar with both cases failed to make the link. It
wasn't until 1990 that the indomitable Joyce Milgaard made the critical
connection.
I remember her telling me a story on the way to visit David in prison,
one wintry afternoon in 1992. It is a 29-kilometre drive from Winnipeg,
north, along Highway 7. We came over a rise and saw Stony Mountain penitentiary
in the distance. It's a fortress, sitting out there on the prairie. Joyce
told me that David's sister Maureen used to look at it and think she was
going to castles. "She saw beyond the gun turrets to beauty," said Joyce,
smiling.
47. The age David is now.
50. The age Larry Fisher is now.
51. The age Gail Miller would be now, had she lived.
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