Thursday, July 20, 2017

Hersh Wolch: Manitoba; A tribute to a truly great lawyer, great human being, great mentor to many, and defence counsel in one of Canada's most memorable DNA cases (Regina V. David Milgaard) - and many other extraordinary cases featuring complex forensic issues, including Kyle Unger and Steven Truscott. May he rest in peace. Harold Levy. Publisher; The Charles Smith Blog..."While Wolch represented many clients through the years, Milgaard - who he was able to free after Milgaard served 23 years in prison for the murder of Saskatchewan nursing aide Gail Miller in 1969 - was his most well known. Milgaard was released after DNA evidence cleared him of the crime. Wolch even cross examined Larry Fisher - who ultimately was convicted of the murder - before a special hearing of the Supreme Court of Canada, one of only three hearings in its history to have received evidence. David Asper, who as a criminal lawyer worked on the Milgaard case with Wolch, said Wolch's "cross examination of Larry Fisher at the Milgaard hearing in the Supreme Court was an amazing piece of lawyering, that not only led to getting David’s release, but ultimately the investigation and conviction of Larry Fisher."


STORY: "Hersh Wolch, lawyer who acted in several wrongful conviction cases, dead at 77," by reporter Kevin Rollason, published by The Winnipeg Press, on July 19, 2017.

PHOTO CAPTION: "Defence lawyer Hersh Wolch represented David Milgaard, Steven Truscott, and Kyle Unger among others."

GIST: "When it came to wrongfully accused criminals in Canada, defence counsel Hersh Wolch represented a veritable who's who in a legal career that was more than five decades long.
Wolch, who represented David Milgaard, Steven Truscott, and Kyle Unger among others, died on Monday after suffering a heart attack at his Calgary residence. He was 77. "He was probably the most brilliant trial lawyer I ever had the privilege to watch in a courtroom," his former Winnipeg legal partner, Sheldon Pinx, said on Monday. "He was extraordinarily gifted. He was also skilled in cross examination and other aspects you need in court. "I am shocked. I am totally shocked." Wolch first received his Bachelor of Commerce at the University of Manitoba in 1962, before graduating with a law degree in 1965. He was called to the Bar of Manitoba in 1965, Saskatchewan in 1972, and Alberta in 1978. Wolch began his legal career as a Manitoba Crown attorney from 1965 to 1971, and then went to the federal Department of Justice until 1973. Wolch switched from prosecuting criminals to defending them and while in Winnipeg he was part of the law firm Wolch, Pinx, Tapper, Scurfield. But about two decades ago, with most of his practice in Calgary, he decided to relocate there. Milgaard: Most prominent case:  While Wolch represented many clients through the years, Milgaard - who he was able to free after Milgaard served 23 years in prison for the murder of Saskatchewan nursing aide Gail Miller in 1969 - was his most well known. Milgaard was released after DNA evidence cleared him of the crime. Wolch even cross examined Larry Fisher - who ultimately was convicted of the murder - before a special hearing of the Supreme Court of Canada, one of only three hearings in its history to have received evidence. David Asper, who as a criminal lawyer worked on the Milgaard case with Wolch, said Wolch's "cross examination of Larry Fisher at the Milgaard hearing in the Supreme Court was an amazing piece of lawyering, that not only led to getting David’s release, but ultimately the investigation and conviction of Larry Fisher.........Greg Rodin, who was a partner in Wolch's law firm in Calgary, said Wolch "was working to the end - and probably too hard. "He had numerous cases ongoing. We were working together on Unger. Hopefully that will resolve itself soon." Unger was convicted of first-degree murder in the death of Brigitte Grenier in 1990, at a music festival in Roseisle. But, after spending 14 years in prison, Unger was cleared with the federal justice minister saying in 2009 that the conviction had probably been a miscarriage of justice. He has since launched a $14.5 million lawsuit against federal and provincial justice officials. ( Rodin said Wolch had many precedent setting cases through the years. "Hersh was, if not the most, among the most prominent practitioners of criminal law this country has ever seen," he said. "He has helped many people." Wolch is survived by his wife, Alberta Court of Appeal Justice Sheilah Martin, and seven children."

SOME OF THE CASES NOTED BY THE FREE PRESS WHICH HAVE BEEN FOLLOWED BY THIS BLOG OVER THE YEARS  IN ADDITION TO DAVID MILGAARD: Represented Kyle Unger in his appeal after a hair found on the body of 16-year-old Brigitte Grenier, used during his trial to connect him with Grenier, was determined not to be from him..........Represented Steven Truscott. Truscott, then 14, was sentenced to hang in 1959 after being convicted of the rape and murder of schoolmate Lynne Harper. His sentence was later changed to life in prison and he received parole after serving 10 years. Wolch represented him years later when Truscott wanted to clear his name He was acquitted by the Ontario Court of Appeal in 2007, and awarded $6.5 million by the Ontario government for his wrongful conviction."

The entire story can be found at; 
http://www.winnipegfreepress.com/local/hersh-wolch-lawyer-who-acted-in-several-wrongful-conviction-cases-dead-at-77-435004373.html

PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy; Publisher; The Charles Smith Blog;