Larry Fisher

Case record: Larry Fisher

Background

Larry Fisher (born August 21, 1949) was a Canadian man convicted in 1999 of a murder he committed in 1969. On January 31, 1969, Gail Miller was raped and murdered in Saskatoon, Saskatchewan. Fisher was arrested on July 25, 1997 in Calgary. He was convicted on November 22, 1999 and sentenced on January 4, 2000.

David Milgaard was first wrongfully convicted of the crime and served 23 years in prison before being released in 1992, and exonerated by DNA evidence in 1997.

Fisher showed no emotion as the decision was announced and he was whisked away in an RCMP cruiser without commenting.

Fisher was convicted of first degree murder for a crime he committed almost 31 years earlier. The crime was also described in relation to how David Milgaard spent 23 years in prison for the same offence.

Fisher faced an automatic life sentence. Under the current law described in the case materials, there was no parole for 25 years, while in 1969 there was no minimum parole. Sentencing arguments were held on Jan. 4, with parole eligibility described as to be decided by the National Parole Board.

Fisher had already spent more than 23 of his 50 years for seven other sexual assault convictions.

The commission also heard from a number of women who were sexually assaulted by Larry Fisher in the months before and after Miller's murder.

The offence

On January 31, 1969, Gail Miller, a 20-year-old nursing aide, was raped and stabbed to death. Her body was found in a Saskatoon snowbank.

Investigation

The investigation into Gail Miller’s murder resulted in an earlier wrongful conviction of David Milgaard. The case materials described later findings that police received a tip in 1980 that could have led to the real killer, 12 years before Milgaard was released from prison.

Arrest

Larry Fisher was arrested on July 25, 1997 in Calgary for the rape and murder of Gail Miller.

Trial

Fisher’s trial opened in Yorkton, Sask. on Oct. 12, 1999. His lawyer successfully argued to have the trial moved from Saskatoon to avoid potential juror bias.

After 13 hours of deliberations, jurors found Fisher guilty of the rape and stabbing death of 20-year-old nursing aide Gail Miller in Saskatoon in January 1969.

A conviction was returned on Nov. 22, 1999, when Fisher was convicted of rape and murder of Gail Miller.

Fisher’s lawyer was Brian Beresh. Beresh said Fisher was “obviously disappointed woth Monday's verdict and say they plan to appeal immediately after sentencing.”

After the verdict was announced, Fisher showed no emotion and he was whisked away in an RCMP cruiser without commenting.

Gail Miller’s sister, Doreen Dahlem, was in the courtroom every day of the trial. She smiled and bowed her head when the verdict was announced.

Crown prosecutor Al Johnston described the Millers as an astonishing family and said he hoped the verdict would bring them some peace and that it would also bring some peace to Milgaard’s life.

Johnston said: “It's been a long haul”

Jurors found Fisher guilty after deliberating for 13 hours.

Sentencing

Fisher was sentenced to life in prison on January 4, 2000.

It was stated that due to applicable laws at the time of the crime, Fisher would be eligible for parole in 10 years rather than the current 25 after the sentence. The case materials also stated that parole eligibility was to be decided by the National Parole Board.

Fisher’s appeal and sentencing timing were connected with sentencing arguments held Jan. 4.

Appeals

On September 23, 2003, the Court of Appeal for Saskatchewan unanimously denied Fisher’s appeal of his conviction.

The Court of Appeal for Saskatchewan dismissed Fisher’s appeal of his first-degree murder conviction on Sept. 29, 2003.

The Supreme Court of Canada refused to hear Fisher's appeal on Aug. 26, 2004, which cleared the way for the inquiry to proceed sometime in 2005.

Outcome

Fisher was convicted in 1999 and sentenced on January 4, 2000. His conviction was denied on appeal and the Supreme Court of Canada refused to hear the appeal.

Aftermath

A public inquiry into the wrongful conviction of David Milgaard opened in Saskatoon on Jan. 17, 2005. Mr. Justice Edward MacCallum was expected to hear from more than 100 witnesses, including David Milgaard and Larry Fisher, over the course of a year.

A list of high profile potential witnesses included former prime ministers Brian Mulroney and Kim Campbell and former Saskatchewan premier Roy Romanow.

The first phase of the Milgaard inquiry ended on April 20, 2005. During 41 days of testimony the inquiry heard from nearly 50 witnesses, all of whom were involved in the 1969 investigation of Gail Miller's murder.

David Milgaard agreed to testify at his wrongful conviction inquiry if the judge found he was medically fit on Nov. 21, 2005. Commission counsel appeared before Justice Edward MacCallum to inform him of talks with Milgaard's lawyer, Hersh Wolch. Wolch initially wanted Milgaard excused from testifying for medical reasons. The materials stated they decided Milgaard's testimony would be necessary to some parts of the inquiry.

On Jan. 16, 2006, Milgaard’s lawyer, Hersh Wolch, asked the court if his client could testify in writing. Milgaard said the thought of testifying made him physically ill and he wouldn't do it, which infuriated inquiry judge Edward McCallum.

On Jan. 27, 2006, a private investigator said there was circumstantial evidence that Milgaard was the victim of a police coverup. Paul Henderson, who investigated wrongful convictions for a U.S.-based organization, said he got a retraction from a key Crown witness. Henderson said the witness admitted that police threatened to charge him with the murder if he didn't implicate Milgaard.

On Feb. 7, 2006, the original defence lawyer at Milgaard's trial, Calvin Tallis, told the Saskatoon-based inquiry that his client would not have been a good witness because he had a drug history and had been in trouble with the law.

On Feb. 8, 2006, the judge ruled that Milgaard must testify but may do so on videotape and all lawyers had agreed. The judge’s decision was made to reduce the stress of the event for Milgaard.

On Feb. 11, 2006, Milgaard's defence lawyer criticized a judge's decision regarding the questioning of a star witness for the prosecution at his client's murder trial. Nichol John's testimony was a crucial element at Milgaard's original trial.

On Feb. 20, 2006, David Asper, the lawyer who represented Milgaard for years while Milgaard fought to be released from prison, said he wanted funding and official standing at the Saskatoon inquiry into Milgaard's wrongful conviction. Asper was scheduled to testify at the inquiry. Standing would allow him to participate in the proceedings and cross-examine witnesses.

On Feb. 22, 2006, David Asper, who helped Milgaard get out of prison, was allowed limited standing at the inquiry and he was allowed to have his own lawyer present. This meant his lawyer could cross-examine witnesses during a portion of the inquiry, but he wouldn't receive public money to cover his costs.

On March 2, 2006, media baron David Asper was granted funding for some of the legal expenses he incurred while appearing at the inquiry looking into Milgaard's wrongful conviction. The public hearing was adjourned until April 17.

On April 24, 2006, Milgaard's videotaped testimony was played at the inquiry into his wrongful conviction. The tape showed Milgaard trying to recall the events that led to his conviction. He said his memory was cloudy, though, from years spent in prison. He said he began to doubt his own innocence after being misdiagnosed with so many different psychological problems while in prison.

On May 2, 2006, Joyce Milgaard abruptly left the inquiry after her son's lawyer, Hersh Wolch, was denied the right to be the final questioner of Paul Henderson. The various lawyers involved in the inquiry argued about who should be allowed to question Henderson last. Justice Edward MacCallum eventually ruled against David Milgaard's lawyer and gave the right to a lawyer for the Saskatoon Police Service. Joyce Milgaard complained to reporters outside the courtroom, saying the ruling was unfair to her son.

On May 3, 2006, Joyce Milgaard's lawyer apologized to the judge for her client's comments to the press about the unfairness of the inquiry.

Justice MacCullum said: “She has been warned before that if she wishes to be a part of the inquiry as a party with standing, she is not to subvert it by going out in the hall and casting broadsides against the work of the commission. That is her right to do so as a private citizen, and if she wishes to persist in that, she will do so as a private citizen, and not as a party with standing.”

The Milgaard inquiry was set to reconvene on May 8, 2006, when Joyce Milgaard was scheduled to take the stand.

On May 8, 2006, Joyce Milgaard told the inquiry she began her fight to free her son with the assumption that the police “twisted the facts into what they were not to put him behind bars.” She said she regretted not starting sooner to prove David Milgaard's innocence.

On Aug. 28, 2006, the Milgaard inquiry resumed public sessions and expected to hear from key government and RCMP witnesses before wrapping up in September 2006. The commission’s purpose was described as finding out why David Milgaard was wrongfully convicted of a 1969 rape and murder and spent 23 years in prison before being exonerated.

On Dec. 11, 2006, final oral submissions were to be heard in the inquiry in Saskatoon into the wrongful conviction of David Milgaard.

On Sept. 26, 2008, the inquiry report was released. It found that police received a tip in 1980 that could have lead to the real killer, 12 years before Milgaard was released from prison. The materials stated: “The criminal justice system failed David Milgaard,” concludes Justice Edward MacCallum, the Alberta judge who headed the inquiry.

Other details

Jurors found Fisher guilty of the rape and stabbing death of Gail Miller after deliberations lasting 13 hours. Fisher was convicted of first degree murder.

The timeline below relates events connected to Gail Miller’s murder and the wrongful conviction of David Milgaard, alongside Fisher’s arrest and conviction.

Timeline

• Jan. 31, 1969 — Body of nursing aide Gail Miller, 20, found in a Saskatoon snowbank.
• May 30, 1969 — David Milgaard, 16, is arrested and charged with murder.
• Jan. 31, 1970 — Saskatchewan Court convicts Milgaard of murdering Miller; he is sentenced to life in prison.
• Jan. 31, 1971 — Saskatchewan Court of Appeal rejects Milgaard's appeal.
• Nov. 15, 1971 — Supreme Court of Canada refuses to hear Milgaard's appeal.
• Dec. 28, 1988 — Milgaard's lawyers apply to have the case reopened.
• May 14, 1990 — Federal Justice Minister Kim Campbell brushes past Milgaard's mother Joyce, who tries to hand her a report from a Vancouver forensic pathologist that could clear Milgaard; Campbell says it could jeopardize any future review if she sees the report.
• Feb. 27, 1991 — Campbell turns down Milgaard's request to review his case.
• Aug. 14, 1991 — Milgaard's lawyers file second application to Minister of Justice to have the case reopened.
• Nov. 29, 1991 — Campbell directs the Supreme Court to review Milgaard's conviction.
• April 14, 1992 — Top court says Milgaard should have new trial; he is freed after Saskatchewan decides not to prosecute him again; he is not formally acquitted.
• July 18, 1997 — Milgaard's team announces that more sophisticated DNA tests in Britain prove Milgaard did not commit Miller's murder; that same day, Milgaard receives apology from the Saskatchewan government for his wrongful conviction.
• July 25, 1997 — Larry Fisher arrested in Calgary for the rape and murder of Gail Miller.
• May 17, 1999 — Milgaard and his family receive $10 million compensation package from federal government.
• Oct. 12, 1999 — Fisher's trial opens in Yorkton, Sask.; his lawyer successfully argued to have the trial moved from Saskatoon to avoid potential juror bias.
• Nov. 22, 1999 — Larry Fisher convicted of rape and murder of Gail Miller.
• Jan. 4, 2000 — Fisher sentenced to life in prison; parole eligibility to be decided by National Parole Board.
• April 15, 2003 — Saskatchewan Court of Appeal hears Fisher's case for a new trial.
• Sept. 29, 2003 — Saskatchewan Court of Appeal dismisses Fisher's appeal of his first-degree murder conviction.
• Sept. 30, 2003 — The Saskatchewan government announces inquiry into how Milgaard was wrongly convicted for the murder of Gail Miller.
• Aug. 26, 2004 — The Supreme Court of Canada refuses to hear Fisher's appeal.
• Jan. 17, 2005 — The public inquiry into the wrongful conviction of David Milgaard opens in Saskatoon.
• April 20, 2005 — The first phase of the Milgaard inquiry ends.
• Nov. 21, 2005 — David Milgaard agrees to testify at his wrongful conviction inquiry if the judge finds he is medically fit.
• Jan. 16, 2006 — David Milgaard's lawyer, Hersh Wolch, asks the court if his client can testify in writing.
• Jan. 27, 2006 — A private investigator says there's circumstantial evidence that Milgaard was the victim of a police coverup.
• Feb. 7, 2006 — The original defence lawyer at Milgaard's trial, Calvin Tallis, tells the Saskatoon-based inquiry that his client would not have been a good witness because he had a drug history and had been in trouble with the law.
• Feb. 8, 2006 — The judge rules that Milgaard must testify but may do so on videotape and all lawyers have agreed.
• Feb. 11, 2006 — Milgaard's defence lawyer criticizes a judge's decision regarding the questioning of a star witness for the prosecution at his client's murder trial.
• Feb. 20, 2006 — David Asper says he wants funding and official standing at the Saskatoon inquiry into Milgaard's wrongful conviction.
• Feb. 22, 2006 — David Asper has limited standing at the inquiry and is allowed to have his own lawyer present.
• March 2, 2006 — Media baron David Asper is granted funding for some of the legal expenses he incurred while appearing at the inquiry.
• April 24, 2006 — Milgaard's videotaped testimony is played at the inquiry into his wrongful conviction.
• May 2, 2006 — Joyce Milgaard abruptly leaves the inquiry after her son's lawyer, Hersh Wolch, is denied the right to be the final questioner of Paul Henderson.
• May 3, 2006 — Joyce Milgaard's lawyer apologizes to the judge for her client's comments to the press about the unfairness of the inquiry.
• May 8, 2006 — Joyce Milgaard tells the inquiry she began her fight to free her son with the assumption that the police “twisted the facts into what they were not to put him behind bars.”
• Aug. 28, 2006 — The Milgaard inquiry resumes public sessions.
• Dec. 11, 2006 — Final oral submissions are to be heard in the inquiry in Saskatoon into the wrongful conviction of David Milgaard.
• Sept. 26, 2008 — The inquiry report is released.