he lawyer for a man who spent 23 years behind bars after being wrongfully convicted of a murder is now trying to reunite his client and client's wife, after what could be a misunderstanding that led to a domestic assault charge last week.
Hersh Wolch, who appeared for David Milgaard in provincial court Thursday, said he will try on Friday to have an Emergency Protection Order removed so his client can get back together again with wife, Christina, and their two children.
"David and his wife are both anxious to get back together again," Wolch said outside court after Milgaard's first scheduled appearance. "There's a no-contact in effect right now, as a matter of caution.
"But we provided a report which suggests contact is desirable. I'm advised David's wife has spoken to all the authorities and said, 'Look, I really want him home.'"
Milgaard's life out of the limelight was interrupted on Oct. 26 when police were called to his southwest Calgary home and arrested him for assault, assault with a weapon — a knife — and uttering threats.
"As I've said many times, if this wasn't David, I don't think it would make the back pages of the want ads," Wolch said, noting Milgaard is staying with friends in Calgary temporarily.
"David is doing very good, but he really misses his family," he said.
Wolch said it's possible stress could have led up to the alleged incident at his home last week.
"Sure, he's never really recovered from what was done to him and he feels much of this is way out of proportion. It's more, in his mind, like innuendo, gossip, a private matter that he'd like to deal with in a positive way with his wife. They both tell me how much they love each other and want to be together."
Milgaard spent more than two decades in prison after being wrongfully convicted of the 1969 slaying of Gail Miller.
Larry Fisher was subsequently convicted of the slaying.
Milgaard was since exonerated and awarded $10-million award for the conviction, but he continues to struggle with the ordeal that made him a nationally known figure.
"He has always wanted help after what he's been through but he has a natural reluctance is some way, because he got a lot of bad help when he was in custody," said Wolch.
"I know who he will be seeing, who I trust completely and David trusts too. It's somebody who is well respected by the courts."
Wolch said the incident with his wife could be classified as a misunderstanding and said it is possible the charges could eventually be dismissed, but added that is the Crown's decision. So far, there's no Crown assigned to the case.
He said there are conflicting stories about what happened that police got involved in the domestic incident.
"I know who called, but I don't know if that person knew they were calling the police," said the lawyer. "It's another matter.
"I doubt if he'll be in court (Friday). He's not seeking publicity. He never sought to be a celebrity. He didn't seek to be wrongfully convicted. It's a little different than when you're a politician or athlete or somebody who seeks the limelight. He never sought the limelight."
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