All language subtitles for Hard Time The David Milgaard Story 1999

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Original subtitles

Sit over there.

No, this is all right.

That wasn't a question.

Right?

Sorry.

I'm Detective Brainy, the detective in George.

Hi. State your name, for the record.

You already know my name, man.

Please. David.

Mail card.

And you currently reside at?

Saskatoon City Jail.

It says here that you've been in trouble with the law, that you've got

behavioral problems.

No, that's shorthand for hard ass.

I sell magazines, man.

I got a job, right?

Yeah, with that hair.

What do they think, you're a girl?

Maybe they think you're a fairy.

No, man, I'm not queer.

Oh, yeah, you're queer all right. All right, okay, so you're not queer. So

are you, David? Are you a hippie?

What does that mean, hippie?

It means you're hip, right? It means you're with it.

You know, peace, love, all that jazz, right?

What's this all about?

Sex, drugs, and rock and roll.

That's Gail Miller.

Nice looking girl, isn't she?

Not my type.

No, I guess not. She was doing something with her life.

Imagine her mother when she had to see her like that.

Got any smokes?

Yeah.

Those are menthol, man. They make you sterile.

Give you hair loss.

Shorty lives by a big church, so we should be looking for that church. I got

idea. Let's take some assets.

See that new movie, 2001 Space Odyssey, man.

Hey, I said go.

Hey, hey, excuse me.

Is this the Pleasant Hill area?

Thanks for nothing.

Dumb bitch.

The what?

I show you a picture of a dead girl and all you want is a damn cigarette?

Come here!

Look at her! You did this to her!

John,

for God's sake, David is trying to answer our questions.

Aren't you, David?

Do nothing, man.

I guess, uh, I guess you can see that we're a little frustrated here.

You see, um, we keep thinking that you're holding something back.

Are you?

Man, we gotta get us a jump.

Right again.

It's not gonna work, Dave.

He's back. We're just going to go get some cables or something.

Don't worry.

We'll be back. Let's go get some cables.

Are you holding something back?

Look, I'll tell you.

All right, look, we came through here.

I don't, uh, I can't.

I could draw you a map or something.

You want to help?

You want to help?

Great.

Give me some spin.

Go on.

I don't have... Chew on it.

What the hell are you doing?

David, I could see how something like this could happen.

No, no, no, really.

I mean, you know, there you are.

No money.

And then Jesus.

You know, you see this girl with a purse, right?

No.

Nobody's around.

And one thing leads to another.

Your sex drive takes over.

I hate it here.

I hope David finds a jump. I'm coming down.

Relax.

Don't touch me. Go away. Sorry.

Any luck?

No, no cables anywhere. Did you try it? Try it again. Maybe you just had to sit

for a while.

Are you on drugs?

Were you on drugs on your trip?

LSD? Grass?

Were you tripping on drugs?

It makes you forgetful, right? I mean, maybe that's why you can't remember

things. Let me refresh your memory. Your car was right there in the alley where

she was killed.

You didn't have any money.

And you're a troublemaker. That's mode of opportunity and bad manners.

even not tell me where you're going?

Aren't you even going to work today?

Good morning.

Beautiful. Sure you were going to the ocean and coming with us?

Oh, man.

Which one?

All right.

Let me tell you where you made your big mistake.

You come in here and the first thing we tell you is that we suspect that you

have something to do with this girl's murder.

What do you do?

You don't ask for a lawyer.

So right away I'm thinking either this kid's on dope, he doesn't watch the Mod

Squad.

Or he's guilty as hell. You've got one chance to help yourself out here. You

tell us what happened, and maybe we cut a deal. Otherwise, David, you are taking

a very hard road.

Take off your clothes.

What? We have to look him over.

Do anything.

You know who I blame for this? The bloody state. Yellow belly, draft

free love, drugs.

It's like living next door to a leaky cesspool.

You don't mind if an officer checks you for scars, bruises, things like that, do

you?

Come on, off.

Now.

I can go, right?

After this?

You know, it's a goddamn shame.

I'll bet you were the apple of your mom's eye once.

Weren't you?

Fred? David?

Hurry up. You're going to be late for school.

Did you just take money out of my wallet? Yeah, I'll pay you back.

If that's for beer for your buddy, you can just forget it. Why? Just because

quit drinking? No, Dad still drinks.

I drink. Watch me. I can drink the whole glass. Yeah?

Your dad also works for a living.

Maureen, stop it.

You're making a mess.

I don't have time for this.

Chris! Susan!

I'm not going to tell you again. I have to get to work.

Where do you think you're going? We're going to split. Me and Ron are going to

Saskatoon. Oh, no, you're not.

I don't trust those kids. They're troublemakers.

Can I go? I want to go.

David,

you get back here. You're not... I'm going crazy around here.

I'll be back before you listen. David, David, get the hell back in this house.

You're under arrest for the murder of Gail Miller.

Pete.

Huh?

They scared me half to death when they came to the door.

The first thing you think is car accident.

I don't understand. How did this happen? What were you doing? I don't know.

It's when I was out here with Ron in the car picking up shorty.

I have to know.

Were you on drugs?

I think even on drugs I could do something like that.

Mom, it's all over the TV and the papers about how you murdered this girl. I

didn't do it.

I didn't do anything, I swear.

Dad, come on.

You got the wrong kind.

Oh, this is some kind of awful, stupid mistake then, isn't it?

The legal aid gave me a lawyer. Did he call you yet?

Yes, yes, he did. He seemed nice, you know, like he knows what he's doing.

You just get up there and tell your side of it. Tell the truth.

I want to.

I want to get up there and testify. The lawyer says I shouldn't.

It's going to be okay.

It'll be okay.

My friends will back me up on that.

Mr. Wilson, this knife.

Was it a hunting knife? Kitchen knife?

What sort of a knife was it?

No, it was a... It was a paring type knife.

Just a minute.

Where was this knife?

What was on him?

You know, on him personally, you could say.

In his hand? In his pocket? Where?

Well, I don't know. He just had it.

You know?

Is this the statement you gave to Detective Raymond?

Yes. The witness's statement reads, and I quote,

We drove around for a while, and then David asked some girl for directions.

Do you remember saying that?

Yes. It goes on to say, After the car wouldn't start, Dave and Ron went for

help. The next thing I remember is seeing Dave in the alley.

He had hold of the same girl he spoke to before.

I saw him grab for her purse.

Then I saw him grab for her purse again.

I... I don't know. I don't remember if I did or I didn't say that. Bullshit.

You let me get up there and tell the truth.

Now, Miss John, are you saying...

that you can't recall the accused grabbing for her purse?

No.

I don't.

My mind is blank.

Then I saw David reach in his pocket and pull out the knife. Do you remember

saying that?

Now, this, Mr. Wilson, is the alley where Gail Miller's body was found.

And here, a short distance away, is where your car wouldn't start.

Now, after you and David got out of the car to look for help, how long would you

say you were gone?

That was about 15 minutes, too.

And when you returned to the car, what was Nicole's demeanor?

She was flipped right out.

I really hate it here! Relax!

Relax! She was freaking.

Did you say this to Detective Rainey? I saw the knife in Dave's hand and he was

stabbing her.

I don't know.

You don't recall him stabbing her? I don't know.

I don't know what happened. I'm beginning to wonder if maybe I was even

trip or not.

You have testified you were on the trip. Have you forgotten that?

If you just stop to think about how much this bugs me, I'm beginning to wonder

if maybe I did it.

Your statement, my learned friend is reading from, was given to Detective

Rainey?

Yes. Prior to that, after you left the company of Ron and David, were you using

LSD?

I was dropping and shooting every three days.

So your statement to the police was given during this period of drug use?

Yes, it was.

I fixed her.

When David Milgaard returned to the car, he said,

I fixed her.

I fixed her.

Yeah, I fixed her.

Or in words to that effect.

That's a goddamn lie.

You gotta let me get up there and tell my side of this.

Learned counsel.

One moment, please, my lord.

Sit down.

They haven't proved a thing. You get up there and your whole life is fair game.

Drug use.

Past record.

Promiscuity. That has nothing to do with any of this. I can get up there and

tell them right now. Look at the jury.

Look at their eyes.

Look at their faces.

You get up there and testify.

And all they'll see is the hippie freak they warn their kids about in the

schoolyard.

Let me do my job.

I beg the court's indulgence.

At this point, my lord, the Crown would like to introduce in evidence Gail

Miller's wallet.

Ladies and gentlemen of the jury.

This wallet, Gail Miller's wallet, was found approximately 30 yards from the

Cadrain residence.

So, Mr. Wilson, Miss Dawn and the accused arrived at Saskatoon, and when

arrived at your house, Mr. Cadrain, was there anything about David Milgaard's

appearance that you particularly noticed?

There was blood on his pants.

I'm sorry, I didn't hear that.

Could you speak up so the jury could hear you, please, Mr. Kudryan?

Yes, he had blood on his pants.

We got to get out of town, man. You got any bread?

There was blood on his pants.

He said he wanted to change them.

The marks on David's pants, would you say they were more like a sprinkle

rather than... Yeah.

Yeah.

Blotches?

No.

No, no.

Blotches?

Mr. Rasmussen, could you tell me what happened that morning?

Yes, sir. He asked me for directions, so I gave him a map.

Approximately what time did the accused arrive at your general store?

About 7 a .m.

Coffee hadn't burnt yet.

As far as you can tell, were there any stains on his pants?

Just the soup that he had bought for me.

And the reason I remember him so clearly is that...

Well, it was raining and he was in stocking feet.

The Lord, ladies and gentlemen of the jury, when Gail Miller left her home

day at 6 .50 in the morning, catch her bus to work, he had no idea

of the terrible fate that awaited her.

As she passed the accused, David Milgaard,

He saw his opportunity.

He needed money, so he decided to steal her purse.

But when Gail Miller resisted, as any healthy young woman would, this petty,

despicable purse -snatching escalated into a vicious rape and ended in a

murder.

David Milgaard slashed at the throat of this young woman and stabbed her

repeatedly, again and again, in a frenzy of sexual violence.

And then, leaving a mutilated and half -naked body... Finally, Gil Miller

arrived at the alley where the attack took place at 6 .55 a .m.

According to the medical examiner, the attack took 10 to 12 minutes. Yet, Mr.

Rasmussen testified that the accused was at his general store 12 blocks away

before the coffee perked at 7 .10.

How is it possible for a man to commit a brutal murder?

travel all that distance, and calmly walk into a general store and ask

directions. It defies all logic.

And therefore I ask you, find the defendant, David Milgaard, innocent of

all charges, because David Milgaard is innocent.

My lord.

The witnesses against the accused are drug users and criminals.

They say they saw blood on the accused's clothes, but the more credible witness

did not.

Indeed, one would think whoever had done this crime would be covered in blood.

I would also bring your attention to the fact that the victim's wallet found

near Mr. Cadrain's house is not evidence that can be linked to the accused.

Whoever robbed her could have tossed it anywhere.

As for Miss John...

I charge you that those things which she does not admit to must be completely

disregarded.

You must ignore anything she does not now adopt as truth on the stand.

It is up to you to determine the truth.

Members of the jury.

Have you reached a verdict?

We have, my lord. How do you find?

We find the accused guilty.

Stand up.

The sentence in this case is mandatory.

You are sentenced to imprisonment for life.

This trial is concluded.

What's wrong?

I didn't do that. What's wrong?

I didn't do that.

You should have let me talk.

I'll come as soon as I can.

I can't stand to see you like this.

Next time I tell him I'm sick, you don't have to come back.

David, we need to talk.

Money's kind of a problem right now.

Because of the appeal.

The appeal is what is going to get you out of here.

And yes, it costs money, you know that.

I found another job.

It's back home in Winnipeg. Well, that's a hell of a long way to go for a job.

It's in property management.

The pay's good and there's security.

What am I supposed to do? I'm going to try and get you moved to Stony Mountain.

You won't transfer me.

We have to try.

And don't worry.

I'm still going to come and visit you, you know? When?

Oxygenated body. I need... David.

David, please.

You have to try and... You have to try and understand.

You're right.

You should go and live your life.

I don't give a shit.

Do you think this is easy for us?

Your sisters get beaten up. Your brother... We can't stay here anymore.

I have to think of them, too.

You're breaking my heart.

I hate to think how many times you've broken mine.

Oh, her name's Larry Fisher.

Winnipeg got him for a rate sent to Morris. He said he's got something to

us. Yeah, but we're a homicide. Why isn't morality on this?

That must be our interview technique.

Hey, so anyway, I get a call, right, from the Crown Attorney?

He says that guy's confession won't hold up because it might not have been

voluntary.

Well, what does he think?

That you beat it out of him?

I don't know. Beats me.

So, how about you?

You're here under your own free will, right? Nobody beats you. Nobody forced

to be here.

Well, to tell you the truth, I did get a good licking from the institutional

officers over there.

But that's not why I'm here.

I want to make a clean breast of it.

So go ahead, Larry. It's your nickel.

Didn't they tell you about me?

You're pig -sucking scum from what I hear. You confessed to two rapes in

Winnipeg. Is that right?

Yes. And I want to confess to another one I did when I was here.

Around Pleasant Hill in 1968.

Gee.

Isn't that something? It just so happens we had a few rapes right around there

where you were living.

Well, it just did the one.

Okay.

You know, a guy like you, it's obvious you got the sex habit.

I'm curious. Is it like a disease, like you can't control yourself?

I see a woman, and I get a headache.

And I start to follow her.

A blackhead.

It's not me when it's happening.

It's not me anymore.

How many did you say you did when you lived here?

I told you, just the one.

Okay, Larry.

Let's do this one more time.

How many was that again?

Okay.

I guess there was one other one.

Forgot about it.

You think the judge will go easy on me for confessing?

Unfortunately.

Yeah, they don't look as hard on rape as they do on murder.

That's good, because I never killed anyone.

I have reviewed the evidence in detail.

I am satisfied the trial judge adequately instructed the jury as to the

applicable principles of law.

In my opinion, the jury, in finding the appellant guilty, applied these

principles of law to the evidence before them.

and on such evidence could properly find the appellant guilty and charged.

The appeal is therefore dismissed.

Dear Maureen, I got your letter.

I'm really looking forward to seeing you and Mom next week.

Thank God I'm in Stony Mountain now. We can see each other all the time.

Ten years.

You know, it's hard for me to believe, too.

The worst part is that you're a young woman already.

I never got to beat up on any of your stupid boyfriends.

Oh, I have a favor to ask.

You said you were going up to the lake this weekend, and I was hoping you

like, take pictures of it. I mean, like, in your head, you know?

When you come and visit again, you can tell me everything about it.

Like how the sand feels on your toes.

What the water feels like when you dive in.

And girls, fat ones, skinny ones, I don't care.

I want to know everything.

Okay?

Oh!

Unbelievable. Oh, Mom wins again.

No, no, God won four. There's no way you should have won that game.

Hey, don't start something you can't finish.

Come on.

Hey, hey.

Oh, tough guy.

Okay, come on, tough guy, let's see what you got.

Hey, you two, hey, you two.

Stop it.

I don't want to get kicked out like we did last time.

She started it. You'll have plenty of time to play after the parole hearing

week and you get to come home. Oh, don't talk like that.

Put the skunk on me.

I mean, that's what I thought about my appeal. Look what happened. It's

different. The parole hearing is based on your conduct, your ability to make it

on your own. You just have to get in there and sell yourself.

Yeah. Show them I can stand up on my own two feet, right?

Right. You should let Mom be there. She can sell anybody anything.

Forget it.

This is my last shot.

If Mom comes with me, they'll take it as a sign of weakness.

Smile, but not too much.

And look them in the eye, but not defiant.

Respectfully.

All right.

Well, let's start with having you tell us how you've been progressing, David.

Well, I've been enjoying my work quite a bit, and I finished my high school

diploma and recently started on a B .A.

Relatively speaking, it's kind of a tough thing to do in here, but it keeps

out of trouble, out of the way, just occupied.

You got off to a bit of a rocky start.

39 infractions in your first 18 months, including threatening a guard with a

knife? That was self -defense.

Since then, my record's been 100 % clean.

Let's cut to the chase here, David.

You ready to talk about your crime?

Sorry?

I'm referring to the murder of Gail Miller.

Why do we have to talk about that? I thought this was all about my progress.

Well, let me ask you a question.

How do you expect us to believe that you've made a clean break from your

My good behavior.

I'm in here trying to make a life in prison.

Trying to make something of myself is not what I'm supposed to be doing.

Well, let's say you're out on parole and you move in next door to me.

Afraid if you invite me over for dinner, maybe... forget my table matters?

You were arrested at a very early age. You spent ten years in prison.

You don't think you can just walk out of here and fit in, do you?

I don't know that.

I don't know that.

Until you give me the chance.

Well, until you've admitted your guilt, how do I know you're safe to have as a

neighbor? So I'm supposed to repent or something?

An admission of guilt is like a public apology.

So what you're saying to me is that unless I confess, I don't get parole? Is

that what you're saying to me?

Let me ask you a question.

Would you admit to something you didn't do?

Even to get out of here?

I don't think you would.

Yeah, I'm not the one who made the big goddamn mistake here.

I'm an innocent man.

I'm an innocent man.

spend two years kissing butt to get you this day pass.

So don't make me sorry I trusted you, okay?

All right.

Go.

David. It's great to see you, son.

Go get something to eat.

David.

Hey, Dad.

Hey.

Don't warn you. I only play to win. I only play for money.

Look at my guys there. I can't believe it.

Everybody.

Everybody, could I have your attention, please?

I'd just like to thank you all for coming here and making David feel so at

Thanks, everybody, for coming.

Being here is...

like a whole case of beer.

Would you say a prayer with me?

Thank you, God, for bringing David home to us today.

And we'd like to ask your hand in bringing him home for good.

Amen. Amen.

Coming home.

I'll get it.

Got a real nice family, David.

Thank you for sharing them with me.

You're welcome.

Excuse me.

What? A friend's not coming.

Oh, shit.

Shit.

Where's your car?

David.

Maureen, goddammit, where's your car?

Come on.

They're cutting little pieces out of my guts every day. You can feel it in

there. And out of here, out of my head.

You're driving me crazy.

I can't go back. I won't go back. You gotta help me.

Maureen, help me.

Come on.

Hurry up. Squirt it all in there. Just squirt it all in there.

I was wanting to be blonde, you know.

Just hurry up, all right? Just get it all in there.

You're great.

You

scared?

Hell yes, I'm scared.

Just tell the cops I took your hostage. I'll leave the car in Weston. Right? I

know. They'll think I went that way. Right?

Oh, get out of here.

Thanks, Maureen. I love you.

It's about time.

The police just left.

Mom.

Mom.

He made me.

Pots are soaking.

God, Mom.

Do you not understand anything? He was dying in there.

And you're not, you don't pay attention. You're off doing your church stuff and

whatever else. Like working for the, paying the bills.

Making do with what we have, is that how I am not paying attention?

I don't know.

It's like you act like it's over for him, like he should just stay there and

make the best of it or something.

Well, he can't do that.

He's not that kind of person. He's not you.

Was he okay?

Yeah, he'll get a message to us.

Hey, if you like those, pitch in the green ones.

Hello there.

Hi.

Those are nice. I like those. It's my favorite pound table.

Oh, yeah? Nobody's touched them yet. They all want these pink ones.

They all want these fluorescent things.

I don't know.

Earring, servant.

Earring, servant.

Rent for three bucks?

Thanks. Hey, wait a second.

Here.

No, get serious.

For the girl with the eye.

I want you to have one.

Thanks very much.

Really sweet.

See you later.

Hope so.

Bye. Bye.

I'll ring you through.

Okay.

Where do you think you're going? Get out of my way. Get out of my way. I'm going

to see my son.

Get out of here.

Please.

We're getting our asses kicked in there. If there's a precedent, I'll find it.

Just concentrate on the appeal. Okay. Mr. Walsh?

I'm sorry, I'm busy. If you want an appointment, call my secretary.

I'm Joyce Milgaard, David Milgaard's mother.

What is it you want, Mrs. Milgaard? An honest lawyer.

How is your son?

Not doing very well, I'm afraid.

I've heard he's back up at Stoney Mountain.

Yes. Mr. Walsh, how much would it cost me to have you look over these

transcripts? The purpose being? I want to reopen the case.

So how much would it cost for you to look them over? Did you know there's

been a non -capital murder conviction overturned in the history of this

Mr. Walsh, my son is innocent.

Unfortunately, and I don't mean to sound callous, but my son is innocent?

It's become a cliché.

Do you believe in the justice system in this country, Mr. Walsh?

Yes, I do.

Then prove to me it works.

Read the case.

I'll get time to go to them if you'd like, Hirsch.

Mrs. Milgaard, your son's conviction can only be overturned by the Supreme

Court. Now, in order to get there, you first have to prove to the Justice

Department that there is compelling new evidence. They want something fresh,

something that'll grab their attention.

You see, I didn't know that.

You gentlemen are already earning your money.

I'm sorry, I didn't catch your name.

David Astor.

Send me the bill. I'll be expecting your call.

You wanted him?

You got him.

Dear Mom, I had this dream last night where I was on that trip again with Ron

and Nicole.

Only you were driving, which didn't really seem strange at all.

Anyway, all of a sudden I felt this pain in my back and I realized I'd been shot

and I was bleeding all over the place.

You got mad because you were going to have to clean up the blood and you said

this is all your fault.

You're right, Mom.

It is my fault I'm in here. Dear David, don't you ever let me hear you say it's

your fault that you're in prison.

It isn't.

You must always believe that.

We don't know why bad luck happens to us, or why we end up in the wrong place

the wrong time.

But the Father knows.

We have to trust him.

As the scripture says, he only helps those who help themselves.

And that is what we're trying to do.

Mom, I know you're doing the best you can.

But it's been 17 years, and sometimes I get to the point where I'm sitting still

in the house, staring at the walls, thinking, when am I going to get out of

here?

Then I start to get more down, and I worry about what I'm going to be like if

ever do get out.

I'm scared of being an unsurvived person.

I know you're scared.

I am too, but I am not giving up, and I am not going to let you give up.

Well, keep on trying.

I'm going to get you out of there.

I promise you.

I'm going to get you out.

I always knew he'd come.

You know, that time David escaped, I thought he was going to come after me.

The things I said, you know, I've been having some problems since those days.

Heroin and stuff. I just, I want to get my life back in order again.

Why did you lie?

Why did you all lie?

It's going to be your priors, Ron.

Fraud, theft.

Drugs. You on drugs right now?

No. Man, how can I be on drugs?

I've been around you guys for, like, days.

Let's go back over your trip. No.

We've been over and over that already, man. Yeah, which is a lot of bullshit.

All right, let's try this again.

Did you kill Gail Miller?

No. You think David killed her?

No. Maybe they killed her together, huh? What do you think?

Well, if that's the case, Ron, you better start thinking about your options

here. Yeah, one of you gets to pass go. The other one goes directly to jail.

What are we doing here?

When David first showed up at my house, right? Yeah, yeah, yeah. I mean, I knew

right then something felt kind of weird.

Like what? Was he acting strange?

He always acts strange. Yeah.

Right? Hoppy. Hoppy's always jumping around and stuff like that. Something

really, really scary.

It frightened me.

Right, and that is when you say you saw blood on his clothes. Is that right?

Yeah, I remember. I didn't remember.

I didn't remember it right away.

You know, but, um... But can I get some of that reward money? Do you think I'm

eligible for any of that?

You're a real shit.

No, I'm just working. Here, let's go.

No! No!

No!

This guy, I saw the virgin. There's a snake. Hold on, hold on.

The snake was... David. David. And there's a snake right there on his neck.

David. David. David. David.

David. David. David. David. David. David. David.

David. David. David.

David. David. David.

David.

David.

It's a lie meter.

Tells us if you're lying.

She's a shorty, man.

God damn it. She's whacked out on something. She's fried.

What did you say?

You were in there a long time.

Can they hook you up to that machine?

You're not going to use it on me, are you?

What, you plan on lying to us?

They locked me in the women's ward last night.

What?

That was all I know.

Pigs, man.

Pigs.

Yeah.

They kept asking me over and over again if David did it. Did he do it? Did you

see David over and over again?

Bringing machines, and it was lying.

See, Ron says that after David asked the girl for directions, the car stalled.

Why didn't you tell us that, Nicole?

I forgot.

You forgot?

They drove me out. Murdered me.

That freaked me out.

Me too.

I heard church bells.

Did you hear church bells?

Okay, so Ron and David, they get out of the car, right?

Yeah, to look for help.

You know, Nicole, you got me thinking that maybe David... Maybe David did

do it, you know?

Yeah, when he left the car that time.

Okay, so what happened after they left?

I got scared.

I mean, he didn't do it, right?

How could he, right? I mean...

Okay, Nicole, Nicole.

Yeah?

You're waiting.

In the car.

You look out the window.

What do you see, Nicole?

We both know what they want.

They ain't gonna let up on it.

Don't they get it?

What do you see?

Yes? What do you see?

Is that what you see?

I'm not gonna stop.

until they get what they want, dear.

Until they get David.

Until they get him.

I remember now.

Like what?

David's in an owl.

I heard Shorty spent some time in a mental institution.

But Nicole, I... I don't know. I haven't seen her forever.

Would you be willing to recant your testimony? I mean, take it all back, in

writing.

Yeah.

I want to tell the truth.

Well, David, I'm sorry.

What's going on? Where's David?

Changed his mind.

He said to tell you he's sick today.

What have you done to him? We didn't do a goddamn thing.

He did it to himself.

Like you didn't shoot him?

Like you didn't take away half his life? If he's sick, you made him sick.

Yellow. Is this David Milgaard's lawyer?

You want to know who really killed Gail Miller?

Larry Fisher.

Seven convictions.

Larry Fisher was raping women in the Pleasant Hill area at the same time as

murder.

Where is he now?

Prince Albert.

But he's about to pack his bags and go home.

The man at the bus stop in the yellow hard hat.

Hang on.

Here we are.

Larry Fisher.

He was interviewed a few days after the murder on his way to work.

He took the same bus as Gail Miller.

Larry scares the hell out of me.

He finds out I talk to you.

I've got kids.

Then you can understand how I feel.

As a mother.

You know, I already went to the police about this years ago, after we split up.

They didn't do a damn thing.

Would you mind telling me what you told them?

All right.

I get up that morning, and the prick is just sitting in a chair with his good

clothes on, no intention of going to work.

Right away I knew he'd been out all night.

And I find my paring knife missing.

So when the news about the murder comes on...

But it don't matter to him, so I say you probably killed her.

And I swear to God, he turns white as a sheet.

Fisher raped Mary Phillips October 12, 1968.

Tracy Wett was raped November 13, 1968.

Monica Selman was raped November 29, 1968.

And two months later, Gail Miller.

Why this area and nowhere else?

What's Fisher's address?

His ex -wife Linda gave it to me. Hang on.

There it is.

It's right here in the middle.

Wait a minute.

Wait a minute.

Here it is.

Shorty Cadrain's house.

Larry Fisher lived in the basement apartment.

Son of a bitch.

What do you think, Hirsch?

Interesting. Interesting?

Don't get too excited. You might have a coronary.

I've got a long road to go yet.

Hey, I'm just putting gas in the car. If the Justice Department likes the model,

they can start the engine.

Hirsch, what are we going to do?

We have the witness affidavits recanting their testimony.

Linda Fisher's affidavit. We've blown a hole in forensics. And we've got Larry

Fisher.

We'll go with everything we got.

Straight to the Justice Department.

Calm down. You have to be patient.

It takes time to re -interview witnesses. There's a lot of evidence

know what?

I had a little revelation the other day. I was reading the book of Job, right?

And in there, God's having a conversation with the devil, and he

says... Hey, take a look at Job over there.

There's a stand -up guy. You know what the devil says?

He goes, oh, yeah?

Bust him.

So they make a little bet. You believe it? They have a bet.

And God takes everything away. He takes the wine. He takes the kids. He takes

the dough. He takes everything, all of it.

Gives them cancer.

And Job decides, you know, he's got to have a little face -to -face with God.

Sort this out. So he says, Sam,

I get it. I understand.

You're the guy.

You know, I could take a joke. But you know what? Me?

I don't think it's funny.

What is this?

No, what is this?

Do you realize how much I've sacrificed?

We are so close, David.

You have got to stay alive. Do you understand me? You have to stay alive.

I've got bad news.

Justice Department?

Trash list.

Forensics. Witnesses. Not Ron Wilson.

Ron Wilson. Well, after their investigator got through interviewing

Ron Wilson, the only police ruling he ever got was a fake medium rare.

Did the police threaten or intimidate you?

Answer, no.

Question, well, how then did they manipulate you?

Through pressuring and questioning.

Are you saying that you're susceptible to suggestions?

Yes.

I thought Shorty was going to be the one that would have the most trouble.

Well, according to Shorty's mother, he wasn't screwy at all back then. He was a

boy's gift.

And Nicole John?

God knows what happened to Nicole John. I mean...

That poor kid still doesn't know what happened to her.

I don't understand. What about Larry Fisher?

There is no physical evidence linking Larry Fisher to the murder.

Conclusion? It was all coincidence.

When I left her, she was ballistic. He was firing off a letter to the Justice

Minister filled with big exclamation marks and two -syllable words.

How am I going to tell Dave?

It's too late.

I called the prison and they already told him. I have to go see him.

You can't.

He's in solitary for two weeks, they said.

I'm sorry, but I have to go.

Are you going to be okay?

Yeah. Okay, bye. Are you sure?

Look, this isn't over, all right? We're going to keep trying.

Okay. Thanks.

I'm so tired.

Have I left you behind?

No, Mom.

I can't do this anymore.

Mom, if you were to start all over again... I can't.

Okay, but if you wanted to, where would you begin?

Come on, you've got to think about it.

Where?

Where would you start?

After the trial.

I was hoping never to hear the name Larry Fisher again.

I've been... Well, you can see how I've been, how I live.

I understand that this is very hard, but I've been speaking to all of his

victims, trying to find something, anything that might help free my son.

You're the last on my list.

Mrs. Milngard, I think I can help you.

You better get a knife. Let's put you through.

Let's go.

Don't fight me. Don't fight me.

Shut up. Aren't you young?

Someone did this to your mother. Keep up.

No. Don't kill me.

Please. Don't kill me.

He did this to me.

Let's not.

Is that you?

You all right?

I can tell.

Got a little bad patch.

You should come back.

Come on.

Only one.

I don't want to hear it. Just a quiet one.

Just one.

Hello. Yes. Is this the Winnipeg Free Press?

Could I have the news desk, please?

Yes, it's Joyce Milgar calling.

How do you feel about things, David?

See you at the parade.

Free David Milgard!

Free David Milgard!

Free David Milgard!

Free David Milgard!

Free David Milgard! Once again this week, the David Milgard case is in the

According to recent documents filed in Milgard's application to the Justice

Minister, a woman has come forward claiming she was attacked the same

that Gail Miller was murdered. According to the woman's description, the man

bears a striking resemblance to convicted rapist Larry Fisher. The

Minister took another volley in Parliament today.

and several MPs questioned her on the facts of the Milgard case. In what may

prove to be a stunning development in the case of David Milgard, Justice

Minister Kim Campbell has called for a new conference.

Although the minister is trying to appear that she is not bowing to public

pressure, it is expected she will announce her decision on the fate of

Milgard, which, for many in Canada, has been a case of justice denied.

We got it. We got it.

The justice minister reversed the decision.

I have considered your request in the case of David Melgar.

First time, I was quite clear in the decision.

But based on different submissions, the second application... It was virtually

the same application.

Exactly the same, but different. Thank God for the media. Where were we? Okay,

okay, here I am, here I am. I am faced with the evidence of value which I'm

unable to ascertain without the advice of the courts. Once again, I hereby

this case to be heard before the Supreme Court of Canada.

Congratulations.

And me to you, too.

Thank you.

Thank you.

You're welcome. Thank you.

Thank you.

I've got to be back to court now. I've got to go. I've got to go. I've got to

back to court. I've got to go back.

This is a special day. I know it is, right?

I'm going to remember this.

Anyone told you yet?

You're a very courageous woman.

If I was, it wouldn't have taken me so long to realize what I had to do for

David.

Well, it doesn't matter how long you took.

You did it.

Do you know your scriptures first?

Do you remember the story where Jesus cures the beggar?

And the beggar said to him, For once I was blind, but now I can see.

Miss Culver, how many times did Larry Fisher sexually assault you?

Twice.

And during your ordeal, before he cut your throat, he told you that he had

another woman's throat?

Yes.

Mr. Fisher, you don't want to be who you are, attacking women, do you?

You'd like to change your life.

Hopefully I can.

And all you're really seeking is power over your victims.

Sex is only the final fulfillment.

Yes.

Now, people who commit sex crimes, if they're successful, develop a pattern,

isn't that right?

Sometimes they do.

Sometimes they change a bit.

But you followed a pattern, correct?

Pattern, yes.

Because you were very good at it. You were successful, weren't you?

Yes, sir.

And in examining your pattern, and you can help me on this, often you were on a

bus or you followed a lady on the bus. Is that correct?

Yes, sir.

And would you agree with me that the women you attacked were in areas you

familiar with?

Some areas, not all. And in your pattern, in every one of your cases, the

is forced into an alley or some secluded place?

Yes, sir.

And that moment is the thrill, isn't it? Because you're getting control.

If you say so. No, no, no, no. I want to learn.

You have to help me.

I could easily get it there or when it's over with.

And in your pattern, when you are raping, you use one of their garments to

their face.

Not always.

But you do recall doing that?

I do recall doing it. You don't want them to see your face. Otherwise, you

be forced to seriously harm them. If you say so. Yes, sir.

And in your pattern, in almost every offense, you used a knife.

No, sir.

Five times, sir.

And in fact, at times, a paring knife.

At times, sir.

And in your pattern, sir, what you do is grab the lady from behind, put the

knife... From the side.

From the side?

Yes. So it was a side grab.

Well, you can help us.

You're a bit to the side.

You grab her.

Knife. Like Saul, am I right?

Yes, sir. And it was exactly the same every time?

Yes, sir.

Because it works?

Yes.

Now, Mr. Fisher, I'm going to suggest to you that Gil Miller and you took the

same bus together.

You knew who she was, and you waited for her and grabbed her the same way you've

done numerous, numerous times. Wrong.

I did not commit this crime. Is there anything in the description I gave to

that you haven't done somewhere else? I'm telling you I didn't kill Gail

You have lied many times, sir, about what you have done.

But I'm asking you the question.

Is there anything in the description I gave to you, any aspect of it that you

have not done somewhere before?

That's true.

I suggest to you that years later, when you told Evelyn Culver that you had slid

a woman's throat before you were referring to Gail Miller.

No, I was not.

Is there any other woman's throat you have slid?

David, did you kill Gilmore?

No, I did not kill Gail Miller.

I was just a kid when I went to prison.

I was a boy locked up with murderers and rapists, and I was labeled one.

In prison, that's the worst jacket you could wear.

Nobody wants to have anything to do with you except to hurt you.

You walk around scared all the time.

Don't look at anybody.

Make yourself small and crawl inside yourself.

Do what you have to do to make some kind of a life.

But I didn't belong in that place.

I just wanted what any kid wants.

Be out in the fresh air and the sunshine and have a girlfriend to look at the

stars with.

I'm not sitting here right now asking for anybody to feel sorry for me. I just

want a chance to live the rest of my life a free man.

They tell me now I have a mental disorder.

Highs and lows.

A lot of people get that.

Winston Churchill had that.

But I didn't always have it.

And if you don't think you can catch a mental illness from living in prison,

you've never been.

I've been saying it for 23 years. I'm an innocent man.

I say it now.

I'm innocent.

They knew I was innocent. They've known all along I'm innocent.

But I was just a guy in prison.

I wasn't anybody.

They thought nobody would care, but a lot of people cared because everyone

about injustice.

The government forgot what they were there for in the first place, to protect

guys like me, to protect anybody's.

Right now, right here, today, I demand a public inquiry into what happened to

me. I demand it.

I want the Justice Department, you, to come to me and my family and say

they made a mistake.

I want the police and the government to come to me.

And say it to my face.

We made one big goddamn mistake.

The court is satisfied that the fresh evidence, particularly the pattern of

sexual assaults committed by a convicted serial rapist, constitutes credible

evidence which could reasonably affect a jury's verdict.

Since the continued conviction of the accused would amount to a miscarriage of

justice, the court therefore advises the minister to quash the conviction and to

direct a new trial.

The matter should then be remitted to the Saskatchewan Justice Department for

such action as they see fit.

something happy.

You have no more words.

Hey, hey, hey. You coming in and buying something?

Why don't you stay out, all right? Coming in and buying something and

out, all right?

Okay, thank you. Thank you.

Good night.

Good night.

Going out.

Coming in.

Hey, what's the matter? You forget to take your medication or something?

He gets for the comments. Go.

Go.

I'm going because I came and I'm going to the ring.

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