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Question:

Why are many people unwilling to provide tips to police that could solve a murder?

Author Topic: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS  (Read 115051 times)

Maureen

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #930 on: March 31, 2012, 04:28:48 AM »
Article in today's Chronicle Herald.

Probe may shed light on Miller case March 31, 2012 - 4:23am By MARY ELLEN MacINTYRE Cape Breton Bureau Login or register to post comments
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    .MP: Parents have right to RCMP file on son’s death after 22-year fight
 
Maureen Miller of New Waterford continues the long wait for RCMP files relating to the death of her son over 20 years ago. She wants the files she requested through an access to information application almost two years ago. (MARY ELLEN MacINTYRE / Cape Breton Bureau) .An investigation is underway into why a New Waterford couple continues to wait for an RCMP file containing details of their son’s death more than two decades ago.

On Friday, MP Mark Eyking (Sydney-Victoria) said he was told earlier this week that an investigator from the Office of the Information Commissioner of Canada has been assigned to look into the matter.

The MP became involved after Maureen and Gervase Miller recently asked him to make inquiries in Ottawa on their behalf. He said they have every right to get the information.

They put in an access to information application to the federal government "almost two years ago, surely that’s enough time," Eyking said. "Why would they have to wait so long, that’s what I want to know."

The Miller’s 17-year-old son, Clayton, died on May 6, 1990, under what they describe as suspicious circumstances.

His body was found in a stream two days after New Waterford police raided a teenage party in woods at a downtown park. The couple have been plagued by questions surrounding his death and where his body was for close to two days before it was found in the stream.

Eyking said the couple should have had the information they sought earlier. He said there were other cases where the "information was forthcoming almost immediately."

"What is the holdup" in this case, he said.

Many may wonder why the Millers only applied to gain access to the RCMP file two years ago.

Maureen Miller said it was because they were under the impression they had to wait until 20 years after their son’s death before they could apply.

"Now, we’re even beginning to wonder if we were led astray when we were told in 1993 that we couldn’t file an application for the information until 20 years after Clayton died," said Maureen Miller.

In fact, the couple based their decision to wait on a letter they received in a packet of information from a former lawyer they had retained.

In the packet was a letter written by Insp. G.D. Green of H Division, Halifax. Green, then the acting officer in charge of criminal operation, was responding to a query by Christine Mosher, a solicitor with the Nova Scotia Department of Justice.

In it, Green wrote that the federal and provincial acts concerning privacy suggested that third person information could not be released without that person’s agreement and if the third person was dead, anyone requesting the information would have to wait until 20 years after the death.

Darce Fardy, the province’s former freedom of information and privacy protection review officer, disagreed.

When contacted for comment on the contents of this 18-year-old letter, Fardy said: "There’s simply nothing in the act that says that and I’m just disgusted this application didn’t get a solid response right away. So much of this is just common sense and you don’t need a bunch of frigging lawyers to figure it out . . . but the government is not going to give stuff out unless there’s a row."

Miller said her heart breaks to think she could have had the RCMP file several years ago. And if it requires a fight to get the government to release it, she’s more than willing to give it to them.

"We won’t back down and we’ll never give up the fight to find out what happened to Clayton," she said.

As for the 1993 letter to the government lawyer, a provincial Department of Justice spokesman said earlier this week that the Millers could gain access to files attached to the letter by filing a freedom of information request with the province.

"Isn’t that where we started and how long will I have to wait for that information?" Miller asked.

She picked up the application Friday.

( mmacintyre@herald.ca)

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By MARY ELLEN MacINTYRE Cape Breton Bureau.

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    .Related Terms: NovaScotiaClayton MillerdeathfileGervase MillerinformationMaureen MillerMP Mark Eykingnew waterfordRCMPsuspicious deathComments(1)Add New Comment ..by frustrated bigtime | March 31, 2012 - 5:42am
typical of the RCMP
Nice cover up i really hope somone pays for this injustice. This is typically why people have a general mistrust twords the Halifax police and the RCMP.

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Concerned

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #931 on: March 31, 2012, 07:07:24 AM »
Every single time I think of Clayton and his family I get furious. Twenty-two years for a family to learn about their child's death. So totally insane. Unfair. Sick. Absolutely sick.  And, that is just me. Think of all those people, all these years every time the thought of Clayton's death who think the same thing. That's what makes me wonder, how people can be protected that are responsible. The shear patience and good nature of all the law abiding citizens that try to abide by the system for a simple answer. For closure. I only wish that those involved on that night had the patience that this family has shown, and all those many, many, many who have supported Clayton all these years. For if they did, I can't help but think Clayton would be with us today. And, all those many, many, many who are gravely affected by this injustice would have lived a better life because of it.

What I can't understand is why anyone, why the system would even think of protecting those that were responsible. This has become a travesty that has affected thousands. Their belief in justice, their belief in protection, their belief in safety, their system. It even makes it totally ridiculous for the majority of LE that are doing a supurb job. Surely those today that work hard to gain and uphold the "system" will surely make this right. (Has't this been the battle cry for 22 years?) They work too hard not to be or tolerate the injustice that Clayton experienced.

Time for them to take a stand. The people have waited so damn long. What kind of system do we have if the people are so damn afraid of their authorities. Those poor classmates of Clayton who grew up with the lesson they learned that night. Saw that night. Experienced that night. Helpless to help their friend. Helpless to get to people to get the help Clayton needed to save his life. How long did they have where they could have made a difference.  Their friends die at the hands of who? For why? And nobody cares enough to make it right? Law-abiding citizens can't even get answers 22 years later. It's not just the Clayton family that need these answers. it's now thousands of people. Can the authorities hear the anguish?

Is it worth the protection of one or two or three... when lifelong harm was done to a whole society? A whole system? A boy's life taken needlessly? 22 years and those responsible for his death continued ....

Bless this family. Give them the damn answers they deserve. I think we all got the message that nobody is going to do a damn thing about it. 22 years later. Limitations of prosecution and all. But just give them the whole and truthful answers for goodness sakes. Restore a little bit of faith.

D1

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #932 on: March 31, 2012, 09:33:22 AM »
Wow very late in the game to be saying this ! After waiting years for the federal application to run its course. .. ???

Quote
Miller said her heart breaks to think she could have had the RCMP file several years ago. And if it requires a fight to get the government to release it, she’s more than willing to give it to them.

"We won’t back down and we’ll never give up the fight to find out what happened to Clayton," she said.

As for the 1993 letter to the government lawyer, a provincial Department of Justice spokesman said earlier this week that the Millers could gain access to files attached to the letter by filing a freedom of information request with the province.

"Isn’t that where we started and how long will I have to wait for that information?" Miller asked.

She picked up the application Friday.

I hope all of Canada is paying attention.

« Last Edit: April 01, 2012, 10:42:18 AM by D1 »

lostlinganer

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #933 on: March 31, 2012, 12:27:27 PM »
http://thechronicleherald.ca/novascotia/79574-probe-may-shed-light-miller-case

As always C ..... you say it so well..... and thanks D for your years of support.

I hope you guys read the "comments"  below the article in the Herald today.  (link above)  Even better ... I hope you left one.

((((((((((hugs)))))))))) to all you precious bunch on here.           I am so tired.... :( >:(

D1

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #934 on: April 01, 2012, 12:29:23 PM »
The comments are telling, I liked this one in response to a poster seeking alternate explanations.

Quote
This is wrong.
If there was any possible way that a straight, clean explanation could have been made, it would have been made long ago. These people have had their lives ruined. Nothing can change that. They deserve some justice.

from the news article-
Quote
As for the 1993 letter to the government lawyer, a provincial Department of Justice spokesman said earlier this week that the Millers could gain access to files attached to the letter by filing a freedom of information request with the province.

I can almost hear Sheila Steele rolling over in her grave. She was a huge supporter of Clayton's going way back to when the internet had not really been used all that much to generate interest support and action. If anyone recalls Clayton's story as it once ran on the injustice busters website so many years ago, you will be saddened to see what has become of that site since Sheila passed. Not even a mention of Clayton's story anymore under the injusticebusters name, nor any of the outcry and outrage Sheila once championed. Attrition takes its toll.   

http://www.injusticebusters.com/

rebelgirl

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #935 on: April 01, 2012, 01:00:11 PM »
Me and a friend were out the other day and in two separate places Clayton's name was brought up by someone else.
One being the gym, people are paying attention. They are talking about it.
And my friends are hearing about it or seeing it in the news and knowing that I pay attention to this stuff they are coming to me asking questions and they wouldn't have before, so that just shows they ARE paying attention and are asking questions.
Now to just keep it rolling.

Maureen

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #936 on: April 01, 2012, 07:06:17 PM »
There were approximately 120 kids at the nest that night and what happened to Clayton could have happened to any one of them. Every parent should have been up in arms over the goings on of the police that night and from what I gather other times. These kids weren't a biker gang, killers or robbers. These were kids getting together to celebrate the end of another school year. Now I don't condone under age drinking but I have a hard time accepting the police treat these kids as hardened criminals and the people that are committing more serious crimes are treated like they are royalty. The police wonder why the young people today do not respect them. You have to earn respect not expect it because you wear a badge. I remember Clayton telling me that if you were on the main street and stopped to tie your laces, the police would be after you telling you to move on knowing you were only stopping to tie a lace. It didn't matter, if you didn't move fast enough, you were charged for loitering. I thought this was Canada and we lived in a democratic country. WRONG. From what I have been seeing on tv and the internet, convinced me we live in a police state, where police can do what they want and get away with it.

rebel....that is what we need, people talking and getting the word out.....the more pressure on the government, the quicker we get the files and the quicker we get justice.

concerned....I feel every bit of your frustration....it makes me sick when I think of what poor Clayton went through that night and then the 22 years of trying to cover it up.

D1...I too hope Canada is watching and also the world.....

Maureen

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #937 on: April 18, 2012, 04:28:07 PM »
Lingan Hall is booked for May 5, 2012 for our Town Hall meeting. We will be discussing evidence, pictures and what we have done the last 22 years in trying to get justice for Clayton. There will also be invited guests.
We will also have Clayton's t-shirts there for the walk. They are $6.00 each. The t-shirts are white with Clayton's picture and JFC in black letters. We are keeping to the colours black and white because Clayton's case is black and white. The evidence is there. It isb't complicated.

lostlinganer

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #938 on: April 18, 2012, 10:33:02 PM »
God Bless you on this yours and Clayton's birthday Maureen.  The memory of his beautiful smile is so fresh to us still - as though he is still in front of us in our minds~   I pray his young spirit will be beside us in the coming weeks.

Concerned

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #939 on: May 02, 2012, 09:37:25 PM »
M, G, L and family. Just wanted to say I'm thinking of all of you this weekend, as i do so often anyways. You have all worked so admirably and so tirelessly for your son/nephew. This is an important step amongst so many very important efforts you all have attempted to get those in power, justice, and public to learn about, honor, and respect his journey. To gain justice, in the least answers... long awaited answers. The grace you've shown in the efforts you've made shows by example how very special Clayton is, especially to have such a loving family. Sometimes i wonder, if we never see justice if in our hearts we know where it rightfully resides. Honor is earned. Disgrace is earned. I think many that day who witnessed and experienced unfortunately know the truth and have had to live with it all these years... their friend, their classmate. They all grew up that day learning a lesson kids that age don't need to learn.

It is beyond us to think of what Clayton, a young vibrant, teen with the world at his fingertips--went through needlessly. It so hurts to think about what we all as mothers, fathers, aunts/uncles, cousins, friends, neighbors wish we could change that day for Clayton. A night of kids hanging out at a fire in the woods should never result in such tragedy.

I hope your years of efforts will result in positive change. People doing the right thing. I hope some day soon you will sit there with your box of answers and explanations. Exposing what you need to know to find closure. Peace for Clayton. I'm there, this weekend, in spirit. This is a tragedy that will always lay heavy in my heart. I can only imagine it weighs heavy in thousands of others as well.

D1

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #940 on: May 02, 2012, 09:51:09 PM »
Lost says this is the year, this is the time. I believe her, we are all with you from one end of the country to the other.

Maureen

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #941 on: May 03, 2012, 04:20:59 AM »
Thank you Concerned and D1, I also hope this is the year the truth is exposed of what happened to Clayton and justice prevail. Hopefully we will get a great turnout for the meeting so many more will know what evidence we have and why we have been fighting for 22 years.
Please keep Clayton in your prayers.

lostlinganer

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #942 on: May 03, 2012, 12:28:06 PM »
Gervase Miller has been a familiar sight on the streets of New Waterford, for almost all of the nearly 22 years since his son, Clayton, was found dead in a brook two days after police broke up a teenage party in a wooded area. He carries a sign throughthe town, blaming police for murdering his son.
NEW WATERFORD — Friday night will mark the 22nd anniversary of the moment Maureen and Gervase Miller last saw their 17-year-old son alive.

Twenty-two years is a long time. Longer still when questions and suspicions plague and haunt you day and night.

“We never rested and we never will, not until every last question is answered because we just want the truth,” said Maureen Miller, during a recent interview.

The Millers are holding a public meeting Saturday to reveal everything they’ve learned about their son’s death.

“We want to tell people what we believe happened to Clayton and we’re hoping people will come forward with some information that might help us,” said Miller.

They’ll have copies of the 10 binders they’ve filled with the information about Clayton’s demise at the meeting. They will also make a presentation and take questions from the floor.

One thing they won’t have is information from the RCMP investigation into their son’s death. It was requested almost two years ago through a federal access to information and privacy application, but they haven’t gained access to it yet.

And they’re also waiting for documents from a freedom of information request made to the provincial Justice Department.

“We’re certainly getting tired of waiting but we’re not giving up,” Miller said.

The couple’s son left their New Waterford home to go out with friends on May 5, 1990.

Although it was a Friday night when teenagers gathered in a local wooded area in New Waterford known as “the nest,” Clayton’s body wasn’t found until two days later and when it was, it was discovered in a brook that had been searched earlier.

Only 17, he “never harmed anyone in his life and he ended up dead,” his father said.

One medical examiner said Clayton died from dry drowning. Another said it was hypothermia. Still another suggested his death resulted from being choked.

His father has never doubted the real cause of his son’s death. He believes the local police are responsible.

“There comes a time when people have to step forward with the truth,” said Clayton’s mother. “A lot of lives were ruined and we don’t mean just ours.

“There were kids who tried to tell the truth but they were told to keep their mouths shut and they were just kids but they’re all grown up now.”

The public meeting starts at 7 p.m. Saturday night at the Lingan community hall on Lingan Road.

The annual Justice For Clayton walk begins at 2 p.m. Sunday at the corner of King Street and Plummer Avenue in New Waterford.

(mmacintyre@herald.ca)

jellybean

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #943 on: May 06, 2012, 05:06:16 PM »
I hope that these kids, now that they are grown up - will man up and come forward for this family.  they have nothing to lose, much to gain to get it "off of their chests".  The Waterford police force, has perhaps been filled with new members by now, and these "witnesses" would not be at risk.

Peace
JB

lostlinganer

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Re: Clayton Miller | Unsolved Murder (May 1990) New Waterford, NS
« Reply #944 on: May 07, 2012, 01:29:43 PM »
http://theLINGAN — Gervase Miller walks toward a stage in a small Lingan hall Saturday night, carrying a worn sign attached to a length of wood.



Miller passes by a cloth banner, which, after 22 years, is beginning to fray. A nearby poster with names, dates and times is yellowing and curling at the ends.

He takes his place beside his wife, Maureen, near a table holding 10 well-thumbed binders of information.

“I missed a lot of what you told them, Maureen,” he said in front of a crowd of about 60 people.

“Did you tell them about when I went to pick up his clothes?
”The clothes he refers to are those of his 17-year-old son, Clayton Miller, whose body was found face down in a brook two days after police raided a teenage drinking party in a park 22 years ago.

The Millers have been on a quest to find out exactly what happened all those years ago.

Each can quote almost verbatim from old statements. They can name names, cite times and dates and incidents with clarity and precision, unobscured by the passage of time.

And they know what has been said about them over the years since their son’s body was found.

“People say we’re crazy to keep doing this and that; we’ve got to give it up,” said Maureen Miller.

“Not likely.”

There are two posters upside down on the floor of the stage. She tells audience members that they are free to turn the posters around, but she cautions that they are graphic autopsy photos.

One of the posters is an enlarged copy of a photograph taken just before the autopsy.

The face bears little resemblance to the teenager in the other photographs.

Clayton Miller’s lip is swollen, as are other areas of his face, and his right hand is bent up toward his throat. There is what some people believe to be an impression of a footprint on his stomach. Bits of black, pebble-sized material cling to the body.

In the photograph, the teenager’s other arm lies by his side, but the Millers say when their son’s body was pulled from a brook on May 6, 1990, that arm was twisted behind his back.

Perhaps it is the roughly made sign Gervase Miller leaned against the wall by the stage that is the most telling.

He has carried it through the streets of New Waterford every day for the last 18 years. There is a screw through the middle of the sign and pieces of duct tape holding it together.

Affixed to the top right-hand corner of the sign is an old licence plate painted white. That’s where Miller marks in bold, black numbers the passing of the years since his son’s death.

On Saturday, he changed the number to 22.

The Millers aren’t shy about saying what they believe happened to their son.

“Police murdered Clayton,” the sign alleges.

“We don’t think the cops went out that night and said, ‘Let’s kill Clayton Miller,’ and I think it could have happened to anyone of those kids at the park that night,” the mother said.

This sign is actually the second version. Within weeks of carrying the first through the community, Gervase Miller was picked up by police and the couple say police confiscated his sign.

He made another sign, and one for his wife, just for good measure. Will they stop?

“Not while there’s still breath in my body,” said Maureen Miller.

The couple believe many of the answers they seek are in files collected during the RCMP investigation into their son’s death. They requested the files almost two years ago from the federal Access to Information and Privacy Office but haven’t received them.

Last month, they requested provincial Justice Department files relating to their son’s death under a Freedom of Information and Protection of Privacy Act request. On Friday, the department asked for a 30-day extension.

“What’s 30 more days? No problem, as long as we get it all,” said Maureen Miller.

(mmacintyre@herald.ca)

chronicleherald.ca/novascotia/93503-clayton-s-cause-draws-support

Comments(8)Add New Comment
by Selina | May 7, 2012 - 7:37am
They are to be commended
They won't give up seeking the truth about what happened to their son. They were up against the blue wall, a wall comprised of nepotism, favoritism, poor training and a sense of entitlement often typical of a small town police force.

Once again, the question arises, who polices the police? Back then, the answer was themselves.

The new Office of Serious Incident Response established has the mandate to provide a balanced examination of events in current investigations. If they are serious about their mandate they could make a big difference in ensuring another Miller-type case never occurs again. If not, then they are just another layer of whitewash.

As for the Miller case, I fear the family will never get the satisfaction and closure they so fervently desire and deserve.

by MrJS | May 7, 2012 - 7:52am
Don't give up!
David Milgaard and Donald Marshall did not. Marshall even had his own run in with corrupt Cape Breton cops out to get a conviction rather than the truth.

I would love to know what could possibly cause a 2 year delay in the release of information from the RCMP. Does it take that long to black out incriminating evidence? I mean really! If there was exonerating evidence in those files I bet they wouldn't have needed a 30 day extention!

Cops are really quick to release details that support them!

by TIC | May 7, 2012 - 8:07am
30 DAYS...
*This comment has been edited*

The Millers have done what any loving parents would do. Their life has been a living hell for 22 years. Their only child was killed, probably accidentally. Now they need to see justice done. Losing a child has to be the hardest thing to live through, but not to know the circumstances and knowing that someone got away with his murder, has to be so much worse. More than one person knows what happened that night, and not coming forward makes them just as guilty as the one who actually caused the death. Good luck to the Millers and RIP Clayton.

by hav2b | May 7, 2012 - 8:48am
Not with the Canadian justice system.
The light of day will probably never fall on the truth sought by these grieving parents. If the police are involved in this death, the sanctity of brotherhood seems to have outweighed the value of reputation to the entire force.
If you know something, tell someone.

by Beatrice Rose R... | May 7, 2012 - 9:05am
My Glace Bay born mother,
My Glace Bay born mother, Elizabeth "Betty" Philomena Roberts (nee Cogswell), was disappeared in Toronto on March 31, 1969 (four days before my tenth birthday) and I grew up in Glace Bay, on Cape Breton Island, with nobody wanting to hear me crying for my missing mother. My heart breaks for the Millers and for their unspeakable loss. I wish that I could have been at their rally to offer them my support and I hope they will finally receive the answers that they so justly seek.
Sincerely,
Miss Beatrice Rose Roberts
(information regarding Betty Cogswell's disappearance will be welcomed at aflagforbetty@hotmail.com )

by Tank | May 7, 2012 - 9:13am
Story
This story is woefully lacking in some facts. That this would blame the police for their son's death is very disconcerting, so more details please so police haters don't run amok with their lynch squad like ignorant remarks. It's too easy to drop clues like we read in this thin story to jump to conclusions.

by hav2b | May 7, 2012 - 11:59am
Tank, I think you missed the point.
It seems the facts and details, you and the Millers want, are being withheld either by or for the police. For 22 years the Millers have been asking for those facts and haven't yet been given them.
If the police want to avoid being hated, all they need to do is give all the facts, that have been gathered, and solve the crime, if in truth one was committed.

by shawnino | May 7, 2012 - 9:26am
90% of police give the rest a bad name.
A murder in Lingan.
Tasering at the Vancouver Airport that results in death, and a major league cover-up.
Natives being driven out of town to freeze to death in Saskatoon.
And those are just the serious cases we know about.

Look how the system treats less serious cases, like the drunk-driving cop given a paid vacation and slap on the wrist in Metro before being welcomed back to desk duty last week.

Police are above the law. Don't get caught alone with them.


Bonnie Jean Devoe and Greg MacKinnon, Cape Bretoners living in British Columbia, take part in the Justice For Clayton Miller event in New Waterford on Sunday. His parents suspect police involvement in the 17-year-old’s 1990 death. (MARY ELLEN MacINTYRE / Cape Breton Bureau)

« Last Edit: May 07, 2012, 01:32:59 PM by lostlinganer »

 

A garden of tears: the murder of Kathryn-Mary Herbert

A casefile of events and story related to the 1975 murder of Kathryn Mary Herbert (Sutton).

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