Home · Society · Crime & Justice · A witness changes his story
A witness changes his story
Broadcast Date: Jan. 23, 1992
It's been a wild two days at the Supreme Court of Canada as the review of David Milgaard's conviction continues. Milgaard himself has already testified, and next is Ron Wilson, who admits he lied at Milgaard's trial 22 years ago. On this, the second day of questioning for Wilson, Chief Justice Antonio Lamer interjects and says he's still not telling the truth. Lamer accuses Wilson of "lying through (his) teeth" before the Supreme Court and cites him for contempt.Lamer's charge comes after Wilson is challenged on one aspect of his testimony by Hersh Wolch, one of Milgaard's lawyers. In the first trial, Wilson claimed to have been away from Milgaard for up to 20 minutes on the morning of the murder. This time, he says it was closer to ten minutes — and then, upon Wolch's questioning, agrees he and Milgaard were never apart at all. CBC Radio's As It Happens talks to Wolch about what it all means.
A witness changes his story
• Because reviews of this kind were very rare, it was up to the Justice Department, the lawyers and the Supreme Court to determine the process for Milgaard's review. They agreed that five of Canada's nine Supreme Court justices would hear the review.• Witnesses are not usually heard in the Supreme Court, and a witness box had to be specially built to accommodate them.
• The Supreme Court hearing began on Jan. 21, 1992. David Milgaard was the first witness, and it was his first chance to testify in court. His court-appointed lawyer had advised against it in the first trial.
• Besides Milgaard and his legal team, other parties with standing at the hearing were the Saskatchewan government, the federal justice department, and Larry Fisher. All were entitled to call and cross-examine witnesses.
• Ron Wilson was one of two of David Milgaard's companions heading into Saskatoon on the day of the murder. On the first day of his testimony, he said he had lied at the first trial because he was under police pressure to implicate Milgaard. He was already in jail on another offence at the time, and he said he was concerned the police would blame him for the murder if he didn't pin it on Milgaard.
• Also on the stand that day at the 1992 hearing was Nichol John, Milgaard's other companion in 1969. Upon repeated questioning by police, John told them she'd seen David grab a young woman. At trial, she refused to repeat the story. Nevertheless, Crown prosecutor Bobs Caldwell managed to introduce her police statement into the court record and the minds of the jurors — a legal precedent now known as "Milgaarding" a witness.
A witness changes his story
Medium: Radio
Program: As It Happens
Broadcast Date: Jan. 23, 1992
Guest(s): Hersh Wolch
Host: Michael Enright
Duration: 4:57
Last updated:
Aug. 14, 2003
Television
16:41
CBC's The Fifth Estate investigates the murder – and the evidence – that put David Milgaard behind bars.
Television
2:06
Justice Minister Kim Campbell turns down David Milgaard's request for a review of his case.
The Wrongful Conviction of David Milgaard
Joyce Milgaard takes the case to Brian Mulroney- Justice Department orders review of Milgaard case
- Supreme Court orders a new trial
- Joining the ranks of the wrongfully convicted
- DNA test clears Milgaard
- Milgaard gets $10 million compensation package
- Joyce Milgaard snubbed by Kim Campbell
A witness changes his story.
The CBC Digital Archives Website.
Canadian Broadcasting Corporation.
Last updated: Aug. 14, 2003.
[Page consulted on Feb. 13, 2012.]