Milgaard will testify via video

Justice Edward MacCallum has ordered David Milgaard to testify before the inquiry on video. This will be filmed on March 6 in Vancouver where David now resides.

There has been a great deal of friction between Milgaard and MacCallum and uncertainty as to whether or not David would testify at his own hearing after David announced last fall that talking about his experience in prison made him "physically ill." David called a press conference and stated that he had no intention of participating in his own hearing, which irritated Justice MacCallum.

After several months of deliberation with the commission's lawyers meeting with Milgaard's lawyers, an agreement was finally reached. David's lawyer, Hersh Wolch, asked if David could testify in writing because that would be less stressful for him than a cross-examination. Wolch brought two psychologists to the inquiry; they stated that David suffered from post traumatic stress syndrome as a result of his prolonged incarceration, and that having to testify could precipitate an emotional collapse.

MacCallum was not satisfied with this explanation and ruled that David would testify by video or lose his standing at the inquiry. If he loses his standing at the $9.2 million inquiry that means that his lawyer will not be able to cross-examine other witnesses.

Wolch said that David will do "his best" but that he is concerned about the psychological aftermath.

Sigrid Mac