Milgaard may be forced to testify
According to CBC News, Justice Edward MacCallum was not a happy camper when he discovered that Milgaard doesn't want to testify at the inquiry. David's lawyer, Hersh Wolch, said that David would have little to offer the hearing because he wasn't present for any of the important interviews with his friends, and he knows nothing about Larry Fisher.
That's true. And it would be horrible if MacCallum forced David to testify, which looks as though it may happen. OTOH, I am starting to reconsider my position from yesterday.
David should not have to suffer any more than he already has. However, it is his hearing. He and his family pushed for this inquiry so that they could find out what the hell went so terribly wrong that a young man of 16 ended up spending 23 of the best years of his life behind bars. Maybe he should be there. He testified at the Supreme Court. Hersh is saying that David's testimony would not be relevant but how do we know that?
Years ago, I was hit by a drunk driver and very badly injured. I was terrified to face this man in court. He had broken all of my bones. I couldn't walk for a year. I endured 15 separate hospitalizations and four major surgeries. I had internal injuries and to this day I have never been able to work full-time due to chronic health problems caused by the accident. I had NO desire to see this man. I was panic stricken at the thought and I would have sold my soul to the lowest bidder to have gotten out of it. But it was my lawsuit. I had to be there!, So, I went -- sick, nervous and resentful.
This is the Milgaard Inquiry. I'm sorry if Dave feels revictimized. God knows, nobody would want to do that to the poor man. But he and his family requested the investigation. UNLESS IT WOULD CAUSE HIM EXTREME MENTAL DURESS, perhaps he should be present to offer whatever information he has, both for himself and for others who have been wrongly convicted. It's terribly sad and unfortunate that he may have to be subpoenaed.
Sigrid Mac
That's true. And it would be horrible if MacCallum forced David to testify, which looks as though it may happen. OTOH, I am starting to reconsider my position from yesterday.
David should not have to suffer any more than he already has. However, it is his hearing. He and his family pushed for this inquiry so that they could find out what the hell went so terribly wrong that a young man of 16 ended up spending 23 of the best years of his life behind bars. Maybe he should be there. He testified at the Supreme Court. Hersh is saying that David's testimony would not be relevant but how do we know that?
Years ago, I was hit by a drunk driver and very badly injured. I was terrified to face this man in court. He had broken all of my bones. I couldn't walk for a year. I endured 15 separate hospitalizations and four major surgeries. I had internal injuries and to this day I have never been able to work full-time due to chronic health problems caused by the accident. I had NO desire to see this man. I was panic stricken at the thought and I would have sold my soul to the lowest bidder to have gotten out of it. But it was my lawsuit. I had to be there!, So, I went -- sick, nervous and resentful.
This is the Milgaard Inquiry. I'm sorry if Dave feels revictimized. God knows, nobody would want to do that to the poor man. But he and his family requested the investigation. UNLESS IT WOULD CAUSE HIM EXTREME MENTAL DURESS, perhaps he should be present to offer whatever information he has, both for himself and for others who have been wrongly convicted. It's terribly sad and unfortunate that he may have to be subpoenaed.
Sigrid Mac
posted by Sigrid Macdonald @ 5:42 PM
4 Comments:
At 8:58 PM,
Anonymous said…
Hi Sigrid
David Is Free Now.
First,wanted to comment on the short news release i saw.
It was a bold and smart move he
made in going to Saskatoon and
speaking up for other people who
are shown to be falsely accused.
Was there something else that was edited out by the Media.
It shows that he is looking out for others and not just himself.
And it seems to fit with the
david we saw in the documentary
that was made of his cause. So now
there should be a second documentary made for T.V.
Secondly The Inquiry is going
to have to wrap-up
David has been through enough.
And he is not acting badly so
lets now let him get on with his life. The inquiry already has reported enough for the average
Canadian to understand what went wrong.
David is free Now.
Average canadian
Dan Wood
At 8:13 AM,
Sigrid Macdonald said…
Hi Dan,
Nice to hear from you but I'm not exactly sure what you meant from your post. By saying that David is free, do you mean that he should not have to testify?
Freedom is a relative term. Yes, David is no longer behind actual bars but he will never be free inside his mind of the torment that he suffered for almost a quarter of a century. Of course, it would be terrible to make him suffer any further BUT the purpose of the inquiry is not to obtain David's freedom. As you pointed out, he is already out of prison.
Now we need to know what put him there and if he has any information that may be pertinent, he should testify. I know that sounds cold and it's also a brazen statement for me to make because I'm disagreeing with his family and his lawyers. Unless his mental health would be so severely impaired that it would damage his functioning, he called this inquiry! It's his inquiry! He should be there.
Re: him advocating on behalf of others, he's done that for years.
Sigrid
At 4:50 PM,
Anonymous said…
Hi Again
Okay, To answer your
question
Yes, he should not be forced to
go back to testify
He has been held for many years
they should have and probably did ask him all the questions before.
He was as innocent as anybody else who was within 100 km of
the victum that morning.
By the way did you read the news story in the globe and mail.
It was a much better version with some good comments next to it on their website.
Have a good day
Dan Wood
At 6:07 PM,
Sigrid Macdonald said…
Dan,
No one is questioning David's innocence. Of course he is completely innocent! And, yes, he has already been questioned many times over the years. But he has not given those particular answers to this particular body. And regardless of what Hersh says, David's replies could be useful. He was interrogated by the police. He could comment about their practices. I know that he doesn't want to but is that really the question?
Can someone demand that the government launch an official investigation into their own case and then not show up?
I maintain that David should testify unless his psychiatric state is so fragile that it would precipitate some sort of breakdown or irrevocable mental anguish.
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