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Wheat Kings

The story of David Milgaard

By Gerald HolmesPublished 3 years ago 4 min read
The Tragically Hip----- Wheat Kings

This song is about David Milgaard, a Canadian man who served 23 years in prison for a crime he did not commit.

In January of 1969, Milgaard and two friends took a road trip to Saskatoon. He was your typical 16 year old hippie, driving West on a road trip with his buddies. They made a pit stop in Saskatoon to pick up a pal, on the morning of Jan. 31, 1969.

On the same night that the trio intended to briefly visit their friend Albert Cadrain, Gail Miller was attacked and killed in a downtown alley.

The local police were under serious pressure to find the killer and halt the minor hysteria that was spreading through the quiet Prairie town. After four months of no leads, the police used high-pressure interview tactics and a $2,000 reward to coax a statement out of Cadrain.

Although he and David's fellow road trippers kept changing their stories, Saskatoon's finest felt they had their man.

The jury showed no sympathy for the hippie, who had already been convicted of petty theft and taking a truck for a joyride at age 14.

The evidence seemed to fit, especially since such a horrific murder had to have been committed by an outsider.

David became a 17 year old convicted murderer and was condemned to spend the next 23 years of his life in prison.

Canada was horrified. David's mother was devastated. She orchestrated appeals. She helped find fresh evidence. More appeals. A new suspect. Appeal, again. No matter. David Milgaard was behind bars. Twenty-two years passed, five different Prime Ministers held office.

David's mother, Joyce Milgaard, and this story's heroic figure outside the prison walls, lobbied all of them. She personally pleaded her son’s case with Prime Minister Brian Mulroney and Justice Minister, future Prime Minister, Kim Campbell.

Perhaps the most poignant and powerful aspect of the Milgaard story is that even though David had 20 opportunities for parole during his sentence, he did not once make a request for an early release. This would have required him to admit to the crime, something he was never prepared to do. Had David accepted responsibility for Gail Miller's death, he could have been released.

Milgaard appealed his conviction several times, but was blocked both by bureaucracy and by a justice system unreceptive to those unwilling to admit their guilt.

His formal application was completed in 1988, but was not considered until 1991 after Liberal MP Lloyd Axworthy addressed Parliament: "I wish to speak of a travesty of justice. I speak of the plight of David Milgaard who has spent the last 21 years of his life in prison for a crime he did not commit. Yet for the last two years, the Department of Justice has been sitting on an application to reopen his case. But rather than review these conclusive reports, rather than appreciate the agony and trauma of the Milgaard family, the Minister of Justice refuses to act".

“Late-breaking story on the CBC.”

On April 16, 1992, after David had spent 8,355 days behind bars, CBC anchorman Peter Mansbridge announced what everyone knew was coming: David Milgaard was finally a free man.

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. The Saskatchewan government then apologized for the wrongful conviction. The same evidence linked another convicted killer with the murder.

Larry Earl Fisher was a Canadian who was convicted in 1999 of the murder he committed 30 years earlier. Fisher was arrested on July 25, 1997, in Calgary and convicted of Miller's murder on November 22, 1999. Fisher, who had previously served a total of 23 years for numerous rapes committed in Manitoba and Saskatchewan, was handed a life sentence. The Court of Appeal for Saskatchewan unanimously denied the appeal of his conviction in September 2003.

Fisher was eligible for parole on multiple occasions, but opted not to have his case heard by the National Parole Board. He died on June 10, 2015, at the Pacific Institution in Abbotsford, British Columbia.

*****

Shortly after his release, Milgaard met the Tragically Hip, where he shook Gord Downie’s hand and stood in the crowd at a concert as they dedicated Wheat Kings to him.

*****

David Milgaard was interviewed in October 2020 by Lauren Meister for Cochranenow.

Milgaard started the interview off with a quick rundown of his fascinating story that started back in 1969.

"I was wrongfully convicted of a terrible murder that took place in Saskatoon, SK many, many years ago. And my mother just fought everyone and anyone to eventually get me out of prison."

"I went inside prison when I was 16-years-old, and I spent almost 23-years there. Eventually, she actually mobilized the country and got a lot of people on our side, and they released me."

"It was a rather lousy situation. They didn't say David Milgaard's not guilty. The Supreme Court let me go. But, we persevered and we went and got some DNA people from England, and had them do a test to show that I was completely innocent."

"The test came back and not only did it show that I was innocent, we found out who was responsible for the crime. That person ended up in prison, and actually died there."

Milgaard says he spends his time now sharing his story, and helping others who were wrongfully convicted.

He says spending much of his youth and early adult life behind bars has taken a toll on his mental health.

"I struggle. I struggle on a weekly basis just to get my kids to school. Make sure that they're doing something that is worthwhile with their lives."

Milgaard is co-parenting his two children with his wife.

He's very open with his kids about his story.

"They know my story quite well. My son has actually heard me talk to high school students here in Cochrane, and made me feel like a million dollars. After I talked, he said, 'Dad, I really appreciated your talk today'. I asked why did you like it, and he said it was loud, and it was important about things that make a difference, and that made me feel really good."

innocence

About the Creator

Gerald Holmes

Born on the east coast of Canada. Travelled the world for my job and discovered that kindness is the most attractive feature in any human.

R.I.P. Tom Brad. Please click here to be moved by his stories.

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    Gerald HolmesWritten by Gerald Holmes

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