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Commission of Inquiry into the Wrongful Conviction of David Milgaard

page nineteen

Linda Fisher wrote journalist, inquiry hears

A writer who in the early 1980s investigated David Milgaard's prosecution said Tuesday he was pained to realize after Milgaard was released from prison in 1992 that he had received information that could have helped Milgaard and hadn't realized it.

Peter Carlyle-Gordge told the Milgaard inquiry that in 1992, he discovered among his Milgaard papers letters Linda Fisher and her common-law husband, Bryan Wright, had written to him in 1983.

Carlyle-Gordge didn't remember receiving the letters and didn't respond to them, he said.

He did not know, at the time, that Fisher had gone to the Saskatoon police in 1980 to say she thought her former husband, serial rapist Larry Fisher, had committed the crime.

Ten years later, Milgaard's lawyer, Hersh Wolch, heard from an anonymous source that Linda Fisher believed her husband had killed Gail Miller, for whose murder Milgaard was serving a life sentence.

In 1983, Linda Fisher and Wright had written in response to a classified advertisement Carlyle-Gordge had placed in The StarPhoenix asking for information on her whereabouts.

At the time, Carlyle-Gordge knew only that the Fishers had lived in the basement of the home of Albert Cadrain, which Milgaard had visited the morning of Miller's death in January 1969.

In 1983, Carlyle-Gordge was withdrawing from the case in frustration and moved that year to England, where he remained until 1990. He actively investigated the case from 1980 to 1983.

"We hadn't found the murderer, it's like looking for a needle in a haystack. Now with hindsight, you know, many years later, I can see the haystack was the very house that Cadrain lived in and that Milgaard visited. That is painful to know," Carlyle-Gordge said.

Milgaard was convicted of murder in 1970. In the early 1980s Carlyle-Gordge was investigating the case and was convinced Milgaard was innocent. He was seeking information to prove Crown witnesses had lied at Milgaard's trial or proof that someone else had committed the crime.

Carlyle-Gordge did not realize at the time that Larry Fisher had been convicted of committing other rapes in the neighbourhood where Miller was killed in the months just prior to the murder.

By the time Carlyle-Gordge placed the ad in the newspaper, he had already invested thousands of unpaid hours investigating the case and had not found the evidence he sought. Nor had he been able to convince his editors at Maclean's magazine, for whom he was the Manitoba correspondent, to publish a story about Milgaard's possible wrongful conviction.

Carlyle-Gordge also wanted to hear Linda Fisher's observations of Cadrain from that period because he thought Cadrain was mentally unstable.

He believed Cadrain had lied about seeing blood on Milgaard's clothing and wondered what motivated Cadrain to lie.

He said he interviewed Cadrain in Dalmeny in 1983 and found him to be prone to embellishing stories, so he took what Cadrain said "with a huge, huge lump of salt."

Carlyle-Gordge's theory is that Cadrain was jealous of Milgaard. Cadrain thought Milgaard was spoiled and manipulative, while Cadrain, who had eight siblings, received less attention from his parents and was denied some things he wanted, such as music lessons, Carlyle-Gordge said. Cadrain also felt inadequate compared to Milgaard, Carlyle-Gordge said.

Cadrain appeared to take a "perverse pleasure" in saying he didn't "save" Milgaard at the trial, Carlyle-Gordge said.

The inquiry has previously heard a recording of Carlyle-Gordge's interview with Cadrain in which Cadrain said Milgaard looked at him at the trial with a "baby face smile . . . as if to say, my buddy, my pal, hey you don't screw me, eh?"

"You should see the horror on his face when he seen I wasn't going to try to save him. . . . You should have seen the horror in his eyes," Cadrain said.

Also Tuesday, commission lawyer Doug Hodson scheduled next Wednesday and Thursday for Wolch to present two expert witnesses in support of Milgaard's application for accommodations in presenting his evidence to the commission.

Milgaard wants to respond to written questions and will have psychologists testify about the medical reasons why commissioner Justice Edward MacCallum should grant the request.

Carlyle-Gordge returns to the stand today.

Tactics of journalist come under fire at inquiry

“whole case built on lies”--Peter Carlyle-Gordge

The methods of a Winnipeg journalist who investigated David Milgaard's case in the early 1980s were called into question during vigorous cross-examination Wednesday by lawyers representing former Saskatoon detective Eddy Karst and former Crown prosecutor Bobs Caldwell.

Writer Peter Carlyle-Gordge said he knew that he was going out on a limb when he wrote, in a 1982 essay which appeared in a book called, Winnipeg 8: The Ice Cold Hothouse, his opinion that Milgaard was convicted on perjured testimony.

Under cross-examination by Karst's lawyer, Chris Boychuck, Carlyle-Gordge acknowledged that he wrote that police "leaned on" witnesses to influence them to give evidence against Milgaard even though he had not yet spoken to the witnesses or seen documented evidence of that.

Boychuck asked if Carlyle-Gordge was willing to lie to draw attention to the case.

"The whole case (against Milgaard) was built on lies," Carlyle-Gordge said.

He said he believed passionately in Milgaard's innocence and hoped the essay would draw the attention of others who might want to help Milgaard, who had been in prison for more than 12 years at the time.

After repeated questions on the point, Carlyle-Gordge acknowledged that he had felt the ends justified the means.

In response to questions from Caldwell's lawyer, Catherine Knox, Carlyle-Gordge said he did not tell Caldwell he (Carlyle-Gordge) was working in co-operation with Joyce Milgaard when he asked to see the Milgaard file in 1982.

Caldwell recognized Carlyle-Gordge's name because he was a Manitoba correspondent for Maclean's magazine. Carlyle-Gordge told him he was researching a book on famous Western Canadian murders.

The writer said he didn't think Caldwell would have let him look at the files if he had admitted his connection to Joyce Milgaard.

Caldwell was very co-operative. He met with Carlyle-Gordge on a weekend, gave him an office to work in and allowed him free access to the prosecution file, he said.

Knox questioned him at length on a remark Caldwell made to Carlyle-Gordge, during their taped interview.

A transcript of the interview that followed has Caldwell referring to "bad goings on in Calgary," and then saying Milgaard had been implicated in other rapes that were never "brought home to him" in court. Caldwell said it would be slanderous to use that information.

Carlyle-Gordge said Wednesday he understood that Caldwell was referring to allegations by Milgaard's accuser, Albert Cadrain, that Milgaard had raped a girl in a bathtub in Calgary. That allegation was not investigated and no charges were ever laid in connection to it, the inquiry has heard.

Caldwell's reference to other rapes has been interpreted by some, including Joyce Milgaard's lawyer, James Lockyer, as evidence that Caldwell knew about other rapes in the neighbourhood where Gail Miller was killed and that someone other than Milgaard may have killed Miller. That supposition has led to allegations that Caldwell tried to cover up his own misconduct, Knox said.

Carlyle-Gordge said he thought Caldwell believed Milgaard was guilty and said he had no indication Caldwell was trying to suppress any evidence. Despite that, he told RCMP in 1993 that he thought he probably had not been allowed to see Caldwell's entire Milgaard file, he said Wednesday.

Knox also grilled Carlyle-Gordge on the basis of his written assertion that Saskatoon police told Crown witnesses not to talk to Milgaard's mother, Joyce Milgaard.

Carlyle-Gordge said he believed Joyce Milgaard when she told him that one of the witnesses had told her that. He couldn't remember which witness it was.

When shown statements by witnesses, Carlyle-Gordge acknowledged that many, including key Crown witnesses, have said police did not tell them not to talk to Joyce Milgaard.

Later in the day, David Milgaard's lawyer, Hersh Wolch, showed Carlyle-Gordge police documents in which the police chief instructed then-superintendent Joe Penkala to ask outside police forces to ask witnesses if they were willing to speak to Joyce Milgaard, whose lawyer had requested their contact information.

Instead of asking an outside force to make the inquiries, Penkala, who had been involved in the Miller murder investigation, asked another officer who had been involved, Raymond Mackie, to go and "confirm" that the witnesses didn't want to speak to Milgaard.

Carlyle-Gordge said it was surprising that Caldwell allowed him, a journalist, to see a police report about another sexual assault on the same morning as the Miller murder when Milgaard's trial lawyer, Cal Tallis, was not provided with the information.

Carlyle-Gordge agreed with Wolch's suggestion that even a very good defence lawyer would be at a disadvantage without adequate disclosure of the evidence that tends to show his client's innocence.

Ex-officer saw no signsof Fisher coverup

A retired Saskatoon police officer who gave confidential police information to David Milgaard's lawyer says he never heard anything within the department to suggest there was a coverup of Larry Fisher's rape convictions.

Tom Vanin told the Milgaard inquiry Monday he had never heard of Fisher in 1991, when lawyer David Asper asked Vanin to see what he could find out about the serial rapist.

Vanin, a senior officer in the department at the time, believed Milgaard was innocent and was involved in a long-standing dispute with Joe Penkala, who was then chief of police.

Vanin said he asked around but nobody knew anything about Fisher. Even Vanin's friend, detective Eddy Karst, said the name didn't mean anything to him.

Karst called Vanin some time later in 1991 to say that he did remember the name after all. Karst said he had gone to Winnipeg to interview Fisher about Saskatoon rapes. Vanin said he didn't ask Karst further questions about Fisher.

Vanin said he relayed the information to Asper.

Asper was also receiving information from three other police sources, the inquiry heard Monday.

They were "Big" John McDonald (as opposed to another John McDonald who worked in the department), former Saskatoon Police Service officer Terry Thrasher and retired RCMP officer Mike Brecht.

Vanin said he asked staff in central records to provide him with any documents pertaining to Fisher, but staff were unable to locate any files.

They did locate an index card with Fisher's name and four occurrence numbers that probably corresponded to the sexual assault files, Vanin said. Records staff also located a single page from a police report, which had Fisher's name on it, he said.

Vanin said he took photocopies of the paper and card and showed them, on Asper's direction, to private investigator Paul Henderson, who came to Saskatoon with Milgaard's mother, Joyce Milgaard.

He didn't let Henderson have the photocopies and later destroyed them, he said.

"I was afraid of being charged under the Police Act or even under the Criminal Code. I still wanted to be cautious," he said.

Fisher was convicted in 1999 of firstdegree murder in the 1969 death of Gail Miller. He was released in 1992.

Milgaard spent 23 years in prison after being convicted of the crime before DNA evidence was used to prove his innocence in 1997.

Vanin told the inquiry into Milgaard's wrongful commission he also gave general information to Globe and Mail reporter Dave Roberts.

Some of the information Vanin gave Asper made its way into Roberts' news stories, including the fact the files on Fisher's rape victims were missing.

Commission lawyer Doug Hodson showed Vanin several newspaper articles that quoted Saskatchewan police sources, but Vanin was reluctant to acknowledge he was the person quoted.

One of the four rape files did eventually surface, the inquiry has heard, but Vanin said he didn't know about it.

He denied being the person who showed the file to Henderson, as Henderson reported in a letter to Asper.

Vanin said he did not agree with a comment attributed to Asper in an August 1991 article in which Asper said the Fisher rape files had recently disappeared. Vanin understood that the files had disappeared long before that.

The inquiry has previously heard that the files were among some others that went missing when all the police fi les were being transferred to microfiche.

Vanin said that sometime before Fisher was released from prison in 1994, Vanin asked then-police chief Owen Maguire if he could go to the British Columbia prison where Fisher was being held and interview him about the Miller murder but Maguire refused, saying the case was closed.

Bad tips spurred probe, inquiry hears

Incorrect information leaked to David Milgaard's lawyers about missing police files led to negative news reports and an investigation by the Saskatchewan Police Commission, the Milgaard inquiry heard Tuesday.

Retired police sergeant Tom Vanin testified that he had an ongoing dispute with then-police chief Joe Penkala and that he gave confidential information to Milgaard's lawyer, David Asper, and general information to Globe and Mail reporters Dave Roberts and Timothy Appleby.

The inquiry has heard there were also three other police sources: "Big" John McDonald (as opposed to another John McDonald who worked in the department), former Saskatoon Police Service officer Terry Thrasher and retired RCMP officer Mike Brecht.

Vanin denied Tuesday that he was the source mentioned in an August 1991 Globe and Mail report that said police files on Larry Fisher's rape victims had gone missing. The story quoted a confidential police source who said it was unheard of for files to disappear and who alleged that files had been tampered with.

Vanin said he didn't think he was the source but acknowledged he thought rape files were kept indefinitely.

The inquiry has heard that the newspaper allegation led to the police commission investigation and report, which found no evidence of file tampering. Instead, commission chair Robert Laing found the Police Act requires that solved rape files be kept for a minimum of 10 years. The rape files in questions had been concluded in 1971.

In 1993 or 1994, Joyce Milgaard told RCMP she met the sources only a couple of times. They dealt mainly with private investigator Paul Henderson, who was working on David Milgaard's case.

"I thought they had it in for Penkala and that they were trying to use me to get him," Joyce Milgaard said in the interview transcript which was shown at the inquiry Tuesday.

The inquiry also heard that Milgaard lawyer Hersh Wolch promised Vanin his identity would be kept secret. Wolch and Asper, his associate, never did reveal Vanin's name.

RCMP discovered his identity in 1993 or 1994 when they obtained a copy of the private investigator's report, which named Vanin as the police source.

In 1998, Vanin wrote to lawyer Greg Rodin, who had taken over the Milgaard file after Asper. In the letter Vanin requested a $5,000 payment for fees and expenses related to his interviewing police and civilians and obtaining sources within the police department.

Vanin said Tuesday he never received a response to the letter or any payment.

Henderson took the stand Tuesday afternoon. Henderson, who works for New Jersey-based Centurion Ministries, helped Joyce Milgaard interview key witnesses.

He returns to the witness stand today.

The inquiry is looking into the investigation of Gail Miller's 1969 killing, the prosecution of David Milgaard and whether the case should have been reopened as new information came to light pointing to Milgaard's innocence. Milgaard spent 23 years in prison before he was released in 1992. DNA evidence helped prove his innocence in 1997 and to convict Fisher two years later.

Milgaard witness felt guilt, inquiry hears

A private investigator who obtained a recantation from witness Ron Wilson in 1990 says Wilson felt guilty about his role in David Milgaard's 1970 murder conviction and was ready to talk about it when approached.

"It was guilt. It was written all over his face. He felt very badly," investigator Paul Henderson told the Milgaard inquiry Wednesday.

Henderson said Wilson had a "victim mentality."

"He felt he had been forced to do something he didn't want to do, felt he was forced to betray a friend," said Henderson, who works for New Jersey-based Centurion Ministries.

"He felt that he had been put through an ordeal by police," Henderson said.

Wilson's admission he had lied at the trial was a major development in the Milgaard case, Henderson said.

At the time, Milgaard was awaiting a decision by federal justice minister Kim Campbell regarding Milgaard's application for a case review. That application was dismissed in February 1991, but a second application that same year was successful. The case was reviewed in April 1992 and resulted in Milgaard's release.

By the time he interviewed Wilson in June 1990, Henderson believed Milgaard was innocent, based on reading the trial transcript and interviewing Albert Cadrain and others.

Henderson had also spoken with Linda Fisher, the ex-wife of repeat rapist Larry Fisher, whom Henderson believed was the real killer of Gail Miller in January 1969.

DNA evidence proved Milgaard's innocence in 1997 and was used to convict Fisher of first-degree murder in 1999.

Henderson told Wilson he believed police had manipulated Wilson into giving false testimony.

"I believed there was a reason for him to come up with false evidence. . . . People like Ron Wilson don't just make up lies about their friends," Henderson said.

Henderson said he spent about six hours with Wilson and took a statement from him, in which he helped Wilson describe his experience by providing words, such as "coerce," which Wilson might not otherwise have used.

Some of the words were Wilson's, such as his description of the six-hour polygraph test as a "sweat session," Henderson said.

Henderson had already interviewed Cadrain, who maintained that he had told the truth in court when he said he saw blood on Milgaard's clothing.

Henderson had begun his interview with Cadrain and his brother, Dennis Cadrain, by saying he knew Fisher had committed the crime and may have already confessed. Fisher has never confessed to killing Miller.

Henderson said his strategy was to suggest that another person had been proven guilty, which would mean Milgaard was innocent. If so, those who had given untrue testimony could expect to be questioned by authorities about why they had said what they said.

Henderson said it would go easier for witnesses if they told him they had been pressured by the police to lie about Milgaard before those questions began.

Although Cadrain stood by his story, he did give Henderson a statement about his experience as a police witness, in which he said police pressured him until he cracked.

Dennis Cadrain told Henderson that after Albert went to the police to say he saw blood on Milgaard's pants the day of Miller's death, police took Albert Cadrain in for questioning for 10 to 12 hours at a time, repeatedly, for a month or more, Henderson said.

Henderson said he thinks police must have been trying to get Cadrain to say more than he knew.

Henderson, 67, worked on the Milgaard case from 1990 to 1993 and obtained interviews with the main Crown witnesses in the Milgaard case.

He was a Pulitzer Prize winning investigative journalist with the Seattle Times before becoming a private investigator in 1985. In 1987 he joined James McCloskey's Centurion Ministries as a criminal justice investigator defending the wrongfully convicted.

The Pulitzer Prize was awarded for a series of stories he wrote which helped to prove the innocence of a man who was wrongfully convicted of rape. Henderson's stories led police to the real rapist, who eventually admitted to committing 52 rapes in Seattle. The case against the innocent man had been built on mistaken identity, police suggestions, lies about evidence by authorities and an erroneous polygraph test, Henderson said.

Defence lawyer reluctant to put Milgaard on stand

There were several reasons why David Milgaard's lawyer was reluctant to have his young client take the witness stand in his own defence, the Milgaard inquiry heard Monday.

Calvin Tallis didn't want to raise topics that could give the prosecution a chance to delve into Milgaard's character or question him about certain suspicious behaviours, he said.

Tallis said he proceeded on the footing that what Milgaard told him was correct, but Tallis acknowledged that he thought it was suspicious that Milgaard drove around the block by himself after he and his travelling companions, Ron Wilson and Nichol John, arrived at the home of Albert Cadrain.

That brief absence was suspicious because murder victim Gail Miller's wallet had been found on the boulevard just two doors down from the Cadrain house.

The Crown theory was that Milgaard had stolen the wallet when he attacked Miller and had thrown it away when he went to drive the car around the block.

Milgaard couldn't provide much information to explain why he left Cadrain's house to drive the car around the street and alley two times.

He told police the car was parked on the far side of the street and he wanted to park it directly in front of the house.

"I like to drive," he told Tallis.

Tallis said "without a doubt," he wanted to avoid having the Crown prosecutor cross-examine Milgaard on that subject.

Milgaard was convicted of murder in 1970 and was released in 1992 after the case was reviewed by the Supreme Court of Canada. DNA evidence was used to exonerate him in 1997 and to help convict serial rapist Larry Fisher of the crime. Fisher lived in the basement of the Cadrain house at the time of the murder.

The commission of inquiry, headed by Justice Edward MacCallum, is looking into the investigation and prosecution of Milgaard and whether the case should have been reopened when new information came to light.

Tallis said Milgaard acknowledged that he had thrown a woman's makeup compact out of the car window after the group left Saskatoon bound for Edmonton and Calgary.

The Crown took the position the compact belonged to Miller and that the act demonstrated consciousness of guilt, Tallis said. Milgaard was not able to give any explanation of why, after John found the compact and asked whose it was, he took it from her and tossed it out the window.

Milgaard said he didn't know why he'd done that, Tallis said.

Since Milgaard had admitted to Tallis that he had done it, it would have been unethical and unprofessional for Tallis to suggest, while cross-examining the witnesses who described the act, that it hadn't happened, Tallis said.

In his application for a case review, Milgaard denied that the compact incident happened.

Milgaard told Tallis he changed his pants at Cadrain's house because the crotch seam had come apart but Milgaard had no idea what had become of the pants.

He also told Tallis there was no blood on his pants but there may have been spots from battery acid on them.

Tallis said he clearly remembers his desire to locate the ripped pants to use as evidence. They were never found.

Tallis said Milgaard confirmed another element of the Crown witness's story: He admitted the car got stuck after the group stopped a woman to ask for directions and that Milgaard and Wilson got out of the car.

It was during that stop that the Crown alleged Milgaard raped and stabbed Gail Miller.

With Milgaard admitting the stop had occurred, all Tallis could do was question Wilson and John on how long the boys were gone from the car, Tallis said.

Milgaard recalled in his review application that the car's heater had stopped working while they were stuck and that the teens took the car to a service station, where they ate chicken soup.

Tallis said Milgaard never told him that. Tallis said he would have pursued that possible alibi if Milgaard had told him.

Tallis also didn't want the jury to hear about Milgaard's using drugs or buying and selling marijuana.

Tallis said he asked Milgaard if he knew of any reasons why his friends would lie about his involvement in the murder.

Tallis said he asked if there was jealousy among the group over which boy Nichol John was with, but Milgaard didn't think that was likely.

He said the group was headed toward St. Albert, Alta., near Edmonton, to see Milgaard's girlfriend Sharon Williams so he wasn't bothered by John's interest in Cadrain, Tallis said.

Nor did Milgaard think it likely any of the teens were motivated by the $2,000 reward that had been offered for information leading to the arrest of Miller's killer, Tallis said.

Tallis returns to the witness stand today.

Witness had reason to lie: former Milgaard lawyer

During David Milgaard's preliminary hearing in the summer of 1969, his lawyer Calvin Tallis zeroed in on an important inconsistency in a key Crown witness's testimony that Tallis hoped would cause a jury to cast doubt on that witness's credibility.

Albert Cadrain had claimed he saw blood on Milgaard's clothing on Jan. 31, 1969, the day Gail Miller was killed.

Cadrain had said nothing about seeing blood on Milgaard when he was being "worked over" by Regina police in February, after he was arrested for vagrancy, Tallis discovered while cross-examining Cadrain at Milgaard's preliminary hearing, the Milgaard inquiry heard Tuesday.

Instead, Cadrain said he laughed when police suggested he or any of his friends may have been involved in Miller's death, Cadrain said at the hearing.

Parts of transcripts from the preliminary hearing and trial were reviewed with Tallis Tuesday as he recounted his preparation for Milgaard's January 1970 murder trial.

Cadrain had claimed he learned about Miller's death from his family in March 1969, when he returned to Saskatoon, and that prompted him to go to the Saskatoon police.

Cadrain revealed in cross-examination that Regina police were interested in the fact a group of teenagers had left Cadrain's house in the neighbourhood where Miller was killed on the day of her death.

Cadrain said he was stripped naked and searched by Regina police. He also was taken from cells and interviewed by five plainclothes detectives.

They told him not to hang around the streets because he would find himself dead in an alley, Cadrain said.

Cadrain said he realized they considered him a murder suspect.

Despite the intense questioning, Cadrain told Tallis he didn't remember seeing blood on Milgaard's clothing until weeks later.

Tallis said he felt better after the preliminary hearing about how to handle Cadrain's damning testimony because he could show that Cadrain's belief he was a suspect may have motivated him to shift the blame to Milgaard.

On the morning of Miller's death, Milgaard, Ron Wilson and Nichol John had come from Regina to pick up Cadrain on their way to Alberta. They travelled to St. Albert, Edmonton, Calgary and Banff, before returning to Regina about a week later and going their separate ways.

It was around that time Cadrain was arrested and questioned. There appears not to have been a police statement arising from that interview.

Cadrain was convicted of vagrancy and spent a week in jail. He then went to work at a farm near Regina for a couple of weeks before returning to Regina and then to Saskatoon on March 1.

On March 2 he and his brother, Dennis Cadrain, went to the Saskatoon police station, where Cadrain gave a statement saying he saw blood on Milgaard's pants the morning of the murder.

Tallis told the jury hearing Milgaard's trial they should examine Cadrain's evidence carefully and pointed out how strange it was that Cadrain forgot about the blood until weeks after he thought he was a suspect in Miller's death.

Tallis also considered Wilson a "treacherous," "shifty" and "back stabbing" witness.

Wilson changed his evidence at the trial from what he had said at the preliminary hearing by doubling the length of time he said he and Milgaard were away from the car when Milgaard was said to have committed the crime, Tallis said. Tallis was asked to respond to the assertions by some critics that he should have questioned Wilson about his first, non-incriminating statement to police, when he said Milgaard was never away from him long enough to have committed the crime.

Tallis thought it possible Wilson would claim he had lied and tried to protect Milgaard initially.

Also, Wilson had made significant omissions in that statement, which could have reflected badly on Milgaard, Tallis said.

Wilson had left out the fact he and Milgaard had stolen a car battery in Regina and Milgaard had broken into a grain elevator in a small town on their way to Saskatoon.

Tallis told the inquiry he worked long hours on the Milgaard defence, writing draft cross-examinations, seeking out numerous sources of information, visiting Milgaard in jail in Prince Albert, requesting disclosure from the Crown beyond what was strictly required by them and visiting the area of the crime repeatedly.

"I felt very sincerely that it was my duty, not only to David but I had a duty to the court, a duty to society and a duty to myself. I had to look myself in the mirror in the morning," Tallis said.

Milgaard was convicted of murder and spent 23 years in prison. DNA evidence proved his innocence in 1997 and was used to convict serial rapist Larry Fisher in 1999.

The commission of inquiry into Milgaard's wrongful conviction is examining the police investigation, Milgaard's prosecution and whether the case should have been reopened when new information came to light.

Commissioner Edward MacCallum will give his decision today on Milgaard's application to testify in writing to written questions from the commission.

The inquiry will take a six-week adjournment during March and early April.

Tallis returns to the witness stand today.

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