A life 'defined by something he didn't do': David Milgaard, wrongfully convicted of murder, dies at 69

David Milgaard, a man who spent 23 years in prison for a rape andmurder he did not commit, died in a Calgary hospital this weekend, sources close to the family haveconfirmed.

He died after a brief hospital stay fromcomplications related topneumonia.

Milgaard, 69, who had been living in Cochrane, leaves behind two children in their teens.

Those close toMilgaard describe him as agracious man who did not hold onto anger or animosity.

Milgaardworked in recent yearsto prevent similar miscarriages of justicefrom happening to others.

'Defined by something he didn't do'

"He wanted to live life to the fullest with the time that was available to him and not carry a grudge," said Dr. Patrick Baillie, a psychologist who testified on Milgaard's behalf at the Saskatchewan inquiry into his wrongful conviction in 2006.

"His life was always defined by something he didn't do and he wanted the opportunity to define his life on the basis of the things that were important to him."

In 1969,the Winnipeg man was16 years old and passing through Saskatchewan with friends whenSaskatoon nurse Gail Miller's body was foundin a snowbank.

A year after Miller was killed, Milgaard was convicted of her rape and murder, andincarcerated from the ages of 16 to 39.

Over the years, lawyershave accused policeof having"the worst kind of tunnel vision" during theinvestigation of the case.

Hismother Joyce, who died in 2020,never doubted her son's innocence and together, theyspent more than 20 years fighting to prove his innocence.

Without Joyce, Milgaard believed hewould have been left to rot in prison andalways credited herfor helping secure hisfreedom.

He was released from prison in 1992, but it took several more years before he was exonerated.

WATCH | David Milgaard case: Who killed Gail Miller?

Theory of the 1969 murder of Gail Miller in Saskatoon

34 years ago

Duration 16:41

In 1990, CBC's The Fifth Estate investigates the murder and the evidence that put David Milgaard behind bars. Aired Sept. 25, 1990.

In 1997, theemergence of new DNA evidence linked notorious rapistLarry Fisherto the murder.

Fisher was convicted of the crime eight years later and sentenced to life in prison. Hedied in 2015 at the age of 65.

Milgaard received a multi-million dollar compensation package from thefederal government in 1999.

A 'gentle person'

Greg Rodin was one of the lawyers whosecured thatcompensation, but their relationship grew over the years and the two became close friends.

Rodin described Milgaard as a "loving, caring and gentle person."

"All those who knew and loved David are in a state of shock and great sadness," said Rodin in an email to CBC News. "I will miss my friend greatly."

Milgaard's life work, said Rodin, was his continued advocacy for prison reform.

"He showed us that we are all vulnerable to being wrongfully convicted," said Rodin.

Desire for 'aquiet existence'

Milgaard, said Rodin, believed the current penal system would be greatly improved if it was designed to resemble an Indigenous justice model.

Most recently Milgaard was working closely with Federal Justice MinisterDavid Lametti to establish a commission which would investigate cases where wrongful conviction was claimed.

Milgaard did this even though his advocacy kept hiswrongful conviction front and centre to his public identity.

When Baillietestifiedat the wrongful conviction inquiry, he told Justice EdwardMacCallumthat Milgaard would always be forced to carry the weight of the wrongful conviction.

"David wants to be a father to his children, David wants to be married to his wife, David wants to have just a quiet existence," Baillie told the inquiry.

"But even if David became prime minister, theday that David dies, the first line of his obituary is going to be 'David Milgaard, who spent 23 years in prison for a wrongful conviction and later went on to become Prime minister...'"