GUILTY Canada - Diane Werendowicz, 23, raped & murdered, Hamilton, Ont, June 1981

[dotr]

This is likely a stretch, but I got looking at the Dennis Melvin Howe again. He would have been 40. but below I snipped two descriptions of how he apparently walked. I couldn't find anything that suggested where he worked but one of his jobs is listed as "metal worker" which made me wonder if he ended up at Dofasco under one of his aliases?

and although most known for child abduction, in the past had picked up a woman and tied her up... From Regina where he might have worn cowboy boots.

Funny, almost mentioned DMH too!
O/t, but would love to post those tidbits about DMH on his thread, hoping you have the link handy, tx.

 

[Claroon]

Funny, almost mentioned DMH too!
O/t, but would love to post those tidbits about DMH on his thread, hoping you have the link handy, tx.

Woops, forgot the link. These were from a book so not so easy to cut and paste.

https://books.google.ca/books?id=dU...onepage&q=dennis howe characteristics&f=false

I'm going to read through it further to see any other similarities.

As Dotr pointed out, the young girl was left with a $1 bill on her and so was DW.

 

[Claroon]

SC Tweet today Nov 9

Summer of 1981 he says he weighed about 200 pounds. Did not own motorcycle boots. Never owned cowboy boots until late 90s.

June 1981 #Badgerow lived with his family in Binbrook. While dating Tammy Hunt her parents moved to Gateshead. Met her in high school.

good questions to clarify.

 

[Claroon]

IMO, this statement from one of DW's friends was not allowed. Seems important to me. Was she pregnant when murdered? Had she had an abortion? Did she lose the baby?

that although she became pregnant by Colin Vandenbrink, she had no intention of marrying him; and,

https://www.canlii.org/en/on/onsc/d...ash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=17

 

[Claroon]

This statement from DW's own mother was disregarded:

ilda Werendowicz, the mother of Diane Werendowicz reported to the police a number of things that she had been told by her daughter as follows:

a) that on June 17 or 18, 1981, she had seen her ex-boyfriend, but that there was no conversation as she ignored him;

b) that her ex-boyfriend had threatened her over her breakup, and told her that if he couldn't have her, he would kill her;

https://www.canlii.org/en/on/onsc/d...ash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=17

 

[Claroon]

I noticed some on Twitter suggested this "innocent" girl would not just hook up with some stranger, but if this is true, it is may just be so:

Colin Vandenbrink, who had an on again off again amourous relationship with Diane Werendowicz, in multiple statements to the police related a number of things he had been told by Diane Werendowicz as follows:

a) that when she wanted to break up with her ex-boyfriend, he had beaten her and forced her to perform oral sex in a violent manner;

c) that in 1979-1980, while she and Colin had broken up, she had been seeing that same ex-boyfriend and that she had had a sexual relationship with him;

g) that, while she was still dating Colin Vandenbrink, she had had a sexual relationship with another man during a trip to the Bahamas, and that she had described the affair as being "spontaneous"; and,

h) that during the course of their relationship both she and Colin Vandenbrink have had affairs with other people.

Ralph Lancaster, in two statements to the police, acknowledged being on vacation in Barbados with Diane Werendowicz during which they became "involved". Ralph Lancaster also advised the police that they had continued to date for a short time after he returned from Barbados but the age difference between them had been too great.

https://www.canlii.org/en/on/onsc/d...ash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=17

 

[Claroon]

And this is what I find disgraceful and sexist, that DW (and her mother!) basically being called a liar or drama queen IMO:

bbm

The statements about her fear of William Cooper allegedly made to Colin Vandenbrink and Hilda Werendowicz could have been made for the purpose of engendering sympathy. The same could be said about statements by Diane Werendowicz to co-workers about her fear of being stalked and about crank phone calls.

https://www.canlii.org/en/on/onsc/d...ash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=17

How about she made them to let people know "if something bad happens to me here's why."

 

[deugirtni]

Unbelievable huh? i'm not getting why RB's defence didn't fight harder to get alllllllllllllllllllllllllllllllllllllllllllllll of that evidence allowed into the trial? like take it to the supreme court if needed. so much there!

 

[Claroon]

This is an important point. I wonder if jurors made a record of who said they recognized him before they knew of his arrest?

It is possible that some witnesses identified Robert Badgerow's voice on the recording of the 911 call because of their knowledge that he had been arrested and charged with the murder of Diane Werendowicz.

https://www.canlii.org/en/on/onsc/d...Hash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=7

 

[Claroon]

Unbelievable huh? i'm not getting why RB's defence didn't fight harder to get alllllllllllllllllllllllllllllllllllllllllllllll of that evidence allowed into the trial? like take it to the supreme court if needed. so much there!

I think because, as I've been re-reading the legal documents, judges have found loopholes as they refer to case law and and there has to be enough substantive connection and not speculation. For instance, in connecting William Cooper, LE had already checked into his whereabouts. The judge said it was not impossible but unlikely he would have flown to Hamilton from Vancouver and back in a day as he was seen daytime June 19 and later on the 20th. But the key is it isn't impossible and were all flight records checked? And how trustworthy were the witnesses that said they saw him that week. He'd just been released from jail. Who was hanging out with the convict that week?

They may know things we don't too as I didn't know until tonight DNA can still be found in washed garments. So was the DNA in her panties fresh or old post-washed?

 

[deugirtni]

I think because, as I've been re-reading the legal documents, judges have found loopholes as they refer to case law and and there has to be enough substantive connection and not speculation. For instance, in connecting William Cooper, LE had already checked into his whereabouts. The judge said it was not impossible but unlikely he would have flown to Hamilton from Vancouver and back in a day as he was seen daytime June 19 and later on the 20th. But the key is it isn't impossible and were all flight records checked? And how trustworthy were the witnesses that said they saw him that week. He'd just been released from jail. Who was hanging out with the convict that week?

They may know things we don't too as I didn't know until tonight DNA can still be found in washed garments. So was the DNA in her panties fresh or old post-washed?

The ex bf, WC - i had thought that was who DW had told her mother about on just the day or two before her murder, that she had seen him. This was disallowed evidence, but I'm not sure if she was referring to WC or CV. If CV, then surely to god they would have followed up more on that. if WC, then isn't it possible, like you suggested, that someone is lying to create an alibi for WC? hadn't the man JUST gotten out of prison for sexually assaulting someone.. and so wouldn't it actually make sense that he might come looking for her? It seems like they are taking this death as an event unto itself, and not allowing any of the potentially contributing factors to mess up their theory. Not like they even HAD a theory, since even RB wasn't charged until some 17 years after the fact. Could they have done a whole lot more in the initial days?? makes one wonder, that's for sure.

 

[deugirtni]

This is an important point. I wonder if jurors made a record of who said they recognized him before they knew of his arrest?



https://www.canlii.org/en/on/onsc/d...Hash=AAAAAQAIQmFkZ2Vyb3cAAAAAAQ&resultIndex=7

I had read that not one person had id'd RB's voice as the caller, even though it was broadcast all over the news/radio, until he was arrested.

 

[Claroon]

Helpful, except that now there is no indication of handedness of the attacker.

Interestingly DMH was/is also left handed.

 

[Claroon]

The ex bf, WC - i had thought that was who DW had told her mother about on just the day or two before her murder, that she had seen him. This was disallowed evidence, but I'm not sure if she was referring to WC or CV. If CV, then surely to god they would have followed up more on that. if WC, then isn't it possible, like you suggested, that someone is lying to create an alibi for WC? hadn't the man JUST gotten out of prison for sexually assaulting someone.. and so wouldn't it actually make sense that he might come looking for her? It seems like they are taking this death as an event unto itself, and not allowing any of the potentially contributing factors to mess up their theory. Not like they even HAD a theory, since even RB wasn't charged until some 17 years after the fact. Could they have done a whole lot more in the initial days?? makes one wonder, that's for sure.

bbm boy, you just triggered a memory. An apartment I lived in in a house in Mississauga I heard a man beating up a woman upstairs. The door was around the back and I went and saw a 12 yr old or so kid shaking on the steps and I asked what was happening and he said, "My uncle's beating up my aunt." I didn't know what to do as if I went up there he might beat me too. I took the kid into my apartment and he said, "Please don't phone the police, my uncle just got out of the can." So you are right, people/family do cover for ex-cons. At that time, the boy knew his other aunt's phone number (the tenant of the apt) and he called her to tell her what was going on. Beyond that, I stayed out of it. So hard and sad.

p.s. I didn't know what he meant by "the can" but he verified jail.

 

[Claroon]

Interestingly DMH was/is also left handed.

I thought a couple of dofasco workers said they saw the poster and listened -- one threw up. They said this was prior to his arrest. But has time blurred the memory?

 

[Claroon]

If people are saying, 'oh but she would never have done that!' Someone had referred to that bar as being a meat market! Meat markets are where one goes to meet other singles, and often results in one-night-stands!

Why did DW call CV on that very day? Was he questioned about what the conversation was about? Was she asking if he could get off work to meet up with her? Did he say no so she took it as she was free to do what she wanted (and maybe even a little jilted he wouldn't spend her birthday with her)? Was the bar he worked at local?

I know in another case the judge didn't want CV or WC considered a 3rd party, but in my mind too many unanswered questions about the possibility of a 3rd, even some total stranger who was high on LSD. SPECULATING

 

[deugirtni]

I thought a couple of dofasco workers said they saw the poster and listened -- one threw up. They said this was prior to his arrest. But has time blurred the memory?

yes, i'll go looking for where it said that not one person id'd his voice until after his arrest.

 

[Claroon]

Some are asking why the 2 hr tape was played. My speculation is while the clip played was alarming, in context, it was just another day at the call center. I believe LE gets lots of calls and tips that go no where and are useless. Now that we know the info wasn't really 'withheld' but in the Spec the next day, anyone might have phoned it in.

I wonder if LE had asked Dofasco if they hire any ex-cons? Just wondering.

 

[Claroon]

Of overriding importance is the presumption of innocence which remains with RB throughout the course of the trial. The presumption of innocence is only discharged when the jury is satisfied beyond a reasonable doubt that RB is guilty as charged. Reasonable doubt means exclude the idea someone else did it.

Was he guilty of having sex? yes
Did he know her route home? not necessarily. He may have driven that way and seen her walking, but he says he didn't know her. He may have only interacted in the Malarkey's parking lot.

Did anyone else know her route home? i.e. where to find her?
Who else might be looking for her? Someone who wanted to have a drink with her for her birthday but couldn't find her?

Who had access to her apt? Who might have a key? Could someone have arrived at her apartment, seen two used glasses, flowers and assumed she was screwing around with another man who gave her flowers even though it was probably Lori that gave them to her and used the glass?

Who else knew she lived at 70 Jerome? Did RB? He might have seen her on an elevator while visiting Linda, but that is speculation. Who else knew for certain?

The pathologist pointed out the way DW was treated with the strangulation and tire on the head showed severe contempt. Why would RB have severe contempt?
Some speculated he didn't want her to tell his fiance so killed her. Well, later he had sex with MH and didn't murder her while engaged to wife #2. Promiscuity seemed to be acceptable to him.
So who might have contempt? An angry ex boyfriend? A serial killer?

She had her jeans on. If RB was going to kill her right after raping, would he have let her get dressed first? Pathologist said in all his cases, genitalia was always exposed on the murder victim.

Pathologist said semen had time to drip into her jean crotch in the centre implying she was upright. If RB was the man following her on Lake with the cowboy/biker boots on, the witness said he was back in 15 min. In that time, how would he have raped her, let her put her jeans on, given the semen time to drip into the centre before drowning her? The pathologist said if she'd been raped just prior, the semen would have flowed to the front of the jeans due to her position in the water.

Some have said, maybe RB followed her after Malarkey's and killed her. What would be his motive? To become a convicted killer? Why not just go home and smoke more weed? If it was a sexually motivated crime, he'd already ejaculated, he wouldn't need more excitement IMO.

So who might have contempt? A lover who found out she was pregnant? A lover who she was rejecting? A lover who thought she was out with another man that night?

If the perp wasn't the guy the witness saw, who else could it be? Blood alcohol showed she could have been killed as late as 3am? How late did her ex CV stay drinking with friends after work? Could he have gone to her apt after that and found her missing so went looking for her? Could a few rowdy types be drinking in the field under the moonlight? Could BM have crossed paths with her? Seems he wasn't shy about telling TB about what he did in the elevator. A little drunk who knows what he might have done and then reported.

Or maybe someone saw her leave RB's car and followed her? Could it be a person who was to meet her for birthday drinks and couldn't find her and learned she'd screwed around and got mad?

Pathologist said it was a sexually-driven homicide. It may have been a rapist who gropes, ejaculates into a tissue or somewhere else. Or, maybe it wasn't sexually driven. Maybe it was made to look it or just that she was too drunk to button and zip up properly.

Say the person following the girl was the perp. What might he do in 15 min? Get sexually stimulated AND complete the murder including finding the tire to put over her and get back in front of the witness' house? I doubt it. Maybe he argued all the way up the street until he lost his temper completely, and all there was time for was murder and to get back to his bike or car.

Who else might have called 911? Any of the thousands of Dofasco workers unrelated to the murder, just a guy who heard someone else talk about the newspaper article?

Do murderers usually go back to work and act normal? Or do they act erratically, leave town, and so on? RB went back to work the very next/same day.

Just a few thoughts of speculation.

 

[Claroon]

I read the defense closing comments. I agree with the defense.

I'm glad he said the crown threw out red herrings. I read part of the crown's closing and yes, they did it again, saying she was "humiliated" for example. They don't know that. They also said "She can't talk." Well, previous case legal documents her friends and own mother tried to talk for her and it wasn't allowed. That she can't talk is no proof RB is guilty. IMO