er, once he returned to his home town he commented to his
brother that he had noticed blood on David Milgaard's pants. His brother apparently
advice the police of this and the police adapted Milgaard as a suspect.
As the investigation proceeded the police gathered evidence which pointed David
as the prime suspect. David who held his innocence, provided the authorities with any
thing requested, including bodily samples. However, it was no use since he was charged
with the non-capital murder of Gail Miller. Exactly a year later after his initial road trip
David Milgaard was convicted and sentenced to twenty-five years in jail.
Shortly after the conviction, the Milgaard family appealed to the Saskatchewan
Court of Appeal and the Supreme Court of Canada. However both courts dismissed the
case. Since then David's mother, Ms. Milgaard has fought for her son's innocence. She
joined with Herch Wolch, Q.C., and David Asper of a law firm to help her save her son.
One of the lawyers, Mr. Asper reviewed the trial transcripts and the preliminary enquiry
to the exhibits. He then concluded that the evidence provided not the guiltiness of
Milgaard but quite the opposite, it proved that he was innocent.
After reading an article on DNA on genetic finger printing, Mr. Aspen informed
Ms. Milgaard on it. Ms. Milgaard then went to Dr. James Ferris a forensic pathologist.
He was granted with many of the exhibits present in the trial, but due to the age and size
of the sample the results were inconclusive. However, in a report dated September
13,1988, Dr. Ferris stated that the evidence, since inconclusive could not link David
Milgaard with the murder and could be considered "to exclude him from being the
perpetrator of the murder." Beside this Mr. Aspen had also been working in getting other
...