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

  • #161
Yes, if DW had walked along Queenston and then along Lake, RB would be driving in the opposite direction from Dofasco on his way to Malarkey's (was that even one of RB's drinking places?).
?

This article is helpful to answer that question http://www.thespec.com/news-story/2225147-witness-places-badgerow-and-victim-at-same-bar/

"Doug Shaw can place Diane Werendowicz at a popular Stoney Creek bar on the last evening she was alive.

And Shaw can place Robert Badgerow, the man accused of her first-degree murder, at the same bar in the Fiesta Mall.

But the former Stoney Creek resident, who now lives in Ottawa, can’t be sure if he saw and talked to Badgerow at Malarky’s on the same evening he was introduced to Werendowicz, June 19, 1981."
 
  • #162
  • #163
Wondering if after they learned the call came from a Dofasco phone if they collected time cards to know who all was there. When did they learn RB had been on shift that day--in 1998 or back in 1981?
 
  • #164
I hadn't thought before someone here or in an article mentioned she may have been carrying her shoes (I thought they fell off while being dragged). Her blouse was open, her shoes not on and her zipper undone, panties in hand does sound like fleeing a situation. However, she wouldn't flee into the woods. I'm trying to reconcile if RB had his truck, where he parked it if the rape took place near the ravine?

His story throws us off saying they had s*x at the bar. We don't know that. The evidence is she was found at the ravine.Castle would say, "Start at the scene of the crime."
 
  • #165
It's interesting the caller said "Uh, I got information on how that girl was killed on Barton and Lake."

I don't know if he got that description from a news report as I can't find any, but that is to the north of DW's apartment. That might indicate someone driving south along Barton, turning at Lake as someone perhaps, coming from a late night shift at Dofasco. IMO

The other thing I doubt, but wondered, if RB took a work buddy, stopped in the ravine area to smoke pot, then did this with his buddy right there. So the buddy called.

Another theory is RB is a narcissist and wanted credit for the story and just called it in himself. I noticed he doesn't mind looking into cameras in any photo or video taken. Once he even walked out a diff door than his mom almost so he could get put on camera. (speculation)
 
  • #166
This article is helpful to answer that question http://www.thespec.com/news-story/2225147-witness-places-badgerow-and-victim-at-same-bar/

"Doug Shaw can place Diane Werendowicz at a popular Stoney Creek bar on the last evening she was alive.

And Shaw can place Robert Badgerow, the man accused of her first-degree murder, at the same bar in the Fiesta Mall.

But the former Stoney Creek resident, who now lives in Ottawa, can’t be sure if he saw and talked to Badgerow at Malarky’s on the same evening he was introduced to Werendowicz, June 19, 1981."

Wow, great find! I hadn't seen this one at all. So he very well could have been at the bar that night. It sounds like it wouldn't have been unusual or a first.

the four women's names at the bar:

Diane Werendowicz - came with Lori
Lori Allen (at the time, but sounds like she has since taken on the name 'Feason' at the end - Lori Allen-Feason)

Janice Noble and
Sharon Smith came together to the bar to meet with Lori and one of Lori's friends (DW), who they hadn't met before. (Sharon testified Sept 19, 2011) - according to witness Doug Shaw, he saw the 4 women at the bar, but identified Sharon as 'Sharon Hinkley' when he testified in November 2011 (per linked article above)

The witness Doug Shaw says he had already known the 3 women aside from DW, for years prior to this night in question, and was intro'd to DW for the first time that evening, by his now deceased friend Steve langdon. He also knew RB prior to that evening and had played golf with him in the past.
 
  • #167
Wondering if after they learned the call came from a Dofasco phone if they collected time cards to know who all was there. When did they learn RB had been on shift that day--in 1998 or back in 1981?

This is just my opinion... but with something as important as a murder trial and a person's life and liberty at stake, that whole phonecall location identification is meaningless. As RB's lawyer noted in yesterday's cross, everything is taken without verification. if an error on one digit had been made, it would change the result. i sure wouldn't my life depending on all of the players being 100% accurate with that newer 911 system way back in 1981 and especially when it seems like there were so many blunders, it's just not funny. no documentation.. no proper procedure followed.. why wasn't the actual guy from Bell questioned at the time, as opposed to Johnston, who can't speak to what the guy who actually did the trace did? Johnston seems to know what he's talking about for sure, but since he wasn't the one who did it, he can't speak to what *was* actually done. It's perhaps somewhat understandable that the police, in their rush to get to that phone, just forgot to follow proper procedure, but in so doing, look what happened with that evidence? It wasn't even allowed to be introduced at the 3 previous trials.. and now it is introduced, but imo it is invalid, which is why it wasn't allowed to be introduced previously.
 
  • #168
Wondering if after they learned the call came from a Dofasco phone if they collected time cards to know who all was there. When did they learn RB had been on shift that day--in 1998 or back in 1981?

i believe in 1998. I recall reading that police dug out the recording and broadcast it publicly on the radio and the news... in 1998 I believe (17 years later!!!!).. apparently they got something like 17 calls stating the caller was 17 different men, none of whom were either of RB, nor the rapist who lived in DW's building. It was not until RB was already published to have been arrested in DW's murder, that people known to him were asked to listen to the recording. At that time, the results were split 50/50. That makes it a bit skewed since RB was already under arrest and in those peoples' minds prior to being asked to listen to the tape. jmo
 
  • #169
I hadn't thought before someone here or in an article mentioned she may have been carrying her shoes (I thought they fell off while being dragged). Her blouse was open, her shoes not on and her zipper undone, panties in hand does sound like fleeing a situation. However, she wouldn't flee into the woods. I'm trying to reconcile if RB had his truck, where he parked it if the rape took place near the ravine?

His story throws us off saying they had s*x at the bar. We don't know that. The evidence is she was found at the ravine.Castle would say, "Start at the scene of the crime."

We also don't know that DW was raped. There is zero indication that she was raped, but rather, only that she had had sex recently with RB. The whole rape thing is speculation. i don't recall reading about DW carrying her shoes, and that, imo, doesn't make sense whether she was walking on sidewalk or nature trails in the middle of the night.

Another thing I noticed in one of those 'case law' files, is that along with the panties and shoes, her wallet was also found there. i will try to find it again.
 
  • #170
It's interesting the caller said "Uh, I got information on how that girl was killed on Barton and Lake."

I don't know if he got that description from a news report as I can't find any, but that is to the north of DW's apartment. That might indicate someone driving south along Barton, turning at Lake as someone perhaps, coming from a late night shift at Dofasco. IMO

The other thing I doubt, but wondered, if RB took a work buddy, stopped in the ravine area to smoke pot, then did this with his buddy right there. So the buddy called.

Another theory is RB is a narcissist and wanted credit for the story and just called it in himself. I noticed he doesn't mind looking into cameras in any photo or video taken. Once he even walked out a diff door than his mom almost so he could get put on camera. (speculation)

The fact that the caller said Barton and Lake indicates to me that the caller wasn't sure where it happened. Barton would be a substantial distance farther than DW would have walked. it seems that when walking from Fiesta Mall, one would get onto Queenston, and take a right on to Lake, and it seems the forested area, and the area on googlemaps which shows some kind of water body (stream? creek? river?) running through it, is actually closer to Queenston than it is to Barton. jerome Crescent where DW lived is also only halfway up Lake. At some point DW would have turned off to get to jerome (perhaps Delawana Drive?). SC noted in her tweets at some point I believe, that DW could have seen her apartment building from the location in which she died (i'm assuming that is if the poor girl was able to even lift her head, considering there was a tire on her head and back after she'd already been strangled!), but it would seem that her murder may have happened directly across from her apartment building, somewhere in the green area.

I recall DW's boyfriend saying that he and DW always took the same route when walking to/from Malarkey's to/from DW's apartment.. but was it ever said what that route was?
 
  • #171
I hadn't thought before someone here or in an article mentioned she may have been carrying her shoes (I thought they fell off while being dragged). Her blouse was open, her shoes not on and her zipper undone, panties in hand does sound like fleeing a situation. However, she wouldn't flee into the woods. I'm trying to reconcile if RB had his truck, where he parked it if the rape took place near the ravine?

His story throws us off saying they had s*x at the bar. We don't know that. The evidence is she was found at the ravine.Castle would say, "Start at the scene of the crime."

Thinking further on this...

- if Diane's shirt was unbuttoned... bra intact.. jeans ON, buttoned but only zipped halfway.. shoes off.. panties off..

- plus take into consideration the amount of alcohol consumed and the reported marijuana use just before sex..

- and then try to understand the reasoning behind DW declining a ride home..

One might take a guess that after consenting to sex with some guy, she could also trust him enough to give her a ride home afterward, afterall, it was in the middle of the night, she and her boyfriend had discussed the dangers of her walking alone, she had to have been very intoxicated if what the one girl said is true (5-6 beers in one hour? wow, i'd be passed out for sure, nevermind consenting and walking)... so perhaps your thought has some merit..

What if... RB met DW on her way out.. asked her if she wanted to smoke a joint.. she says sure.. gets in his truck.. they smoke up and talk for a bit.. and then they start making out.. to a point, and then she says ok, enough, but he kept going.. she couldn't stop him.. she became furious and left in a hurry, as you mentioned..

She takes off, half dressed, with her panties and shoes in hand.. walks toward her home.. and at some point along the way, gets assaulted by 'the ravine rapist'.. except he doesn't rape her, just like he didn't rape the other victim a few weeks later, DR, and instead physically assaults her (also like he did with DR, except he didn't have a weapon at this point). She passes out perhaps, and he strangles her, and wants to make sure she's dead, so he puts her head in the 'crick' and puts a tire over her to ensure her death.

I'm having trouble comprehending that RB, who seemed like he had no troubles in getting women to like him and have sex with him (did you read that he had an affair for years with a girl who worked at Dofasco?), who seemed like he was able to keep a steady job (worked at Dofasco for years), became a volunteer firefighter, went on to be married a second time and have 3 children, who is trusted enough by his family members that they would agree to let him live with them while on bail and put up a substantial amount of their life savings into his bail money, who seems to have healthy hobbies such as golfing with other men... and who has no prior known incidences of violence or charges of an assault nature.. who got good reports from prison while he was incarcerated.. who seemed to have a life worth living.. AND who was only 23 years old at the time.. just suddenly kills a woman he just met, whether after rape, or after consensual sex. So I'm looking for the murderer to be a different person. jmo.

I noticed that 'the ravine rapist' was apparently raping women in that area from something like 1981 through to about 6 months prior to RB's arrest. Why, if the ravine rapist was RB, would the rapes have stopped 6 months short of him being available? I am wondering when it was when the fellow got deported to the UK who had potentially seen DR's perp?
 
  • #172
Linked below is a news story from 2011 which was talking about the time when DW was killed. It appears that those who lived in the actual area at that time knew of a shortcut through the ravine to and from Fiesta Mall to their residences. I wonder if DW would have taken that route as well, even though she was older and it could have been in the middle of the night? And was there a perp who also lived in the area who also knew of the route?

"Lauzier’s mother told them her son was taking in a movie at the nearby Fiesta Mall, and the two pals opted to go into the ravine to meet him on his way back.

“We met Aran in the ravine and he told us what he had found,” Temple said. "

http://www.thespec.com/news-story/2217224-a-gruesome-discovery-in-red-hill-creek-ravine/
 
  • #173
This is just my opinion... but with something as important as a murder trial and a person's life and liberty at stake, that whole phonecall location identification is meaningless. As RB's lawyer noted in yesterday's cross, everything is taken without verification. if an error on one digit had been made, it would change the result. i sure wouldn't my life depending on all of the players being 100% accurate with that newer 911 system way back in 1981 and especially when it seems like there were so many blunders, it's just not funny. no documentation.. no proper procedure followed.. why wasn't the actual guy from Bell questioned at the time, as opposed to Johnston, who can't speak to what the guy who actually did the trace did? Johnston seems to know what he's talking about for sure, but since he wasn't the one who did it, he can't speak to what *was* actually done. It's perhaps somewhat understandable that the police, in their rush to get to that phone, just forgot to follow proper procedure, but in so doing, look what happened with that evidence? It wasn't even allowed to be introduced at the 3 previous trials.. and now it is introduced, but imo it is invalid, which is why it wasn't allowed to be introduced previously.

But...as the FBI says on the TV show Quantico...in crime there are no coincidences, and that yrs later they traced the DNA to RB AND he worked there that day are suspect. IMO
 
  • #174
The fact that the caller said Barton and Lake indicates to me that the caller wasn't sure where it happened. Barton would be a substantial distance farther than DW would have walked. it seems that when walking from Fiesta Mall, one would get onto Queenston, and take a right on to Lake, and it seems the forested area, and the area on googlemaps which shows some kind of water body (stream? creek? river?) running through it, is actually closer to Queenston than it is to Barton. jerome Crescent where DW lived is also only halfway up Lake. At some point DW would have turned off to get to jerome (perhaps Delawana Drive?). SC noted in her tweets at some point I believe, that DW could have seen her apartment building from the location in which she died (i'm assuming that is if the poor girl was able to even lift her head, considering there was a tire on her head and back after she'd already been strangled!), but it would seem that her murder may have happened directly across from her apartment building, somewhere in the green area.

I recall DW's boyfriend saying that he and DW always took the same route when walking to/from Malarkey's to/from DW's apartment.. but was it ever said what that route was?

The route was told to the jury and shown but SC didn't post the actual photo, just a photo of the general area as I have posted and you have mentioned.I don't recall if the details are in the tweets other than "CV now showing the route."

I know what you're saying and possibly a good point that the caller didn't know the exact spot. But what I'm saying is say RB was the caller, in his mind he turned off Barton to Lake toward the bar. In his mind that is the intersection he remembers so that is what he says. But as you've pointed out, the murder was between Barton and Queenston off Lake closer to her apartment.

I know what you mean about seeing a creek on google maps, but I don't know still if the murder was on the west (side of her apartment) or east side (other side of Lake). LH with CHCH was on location in a video at 70 Jerome and the camera spanned to a creek area but it still wasn't clear where. Seemed as though she was implying right in the back yard area. Maybe you can find that video and watch it.
 
  • #175
Thinking further on this...

- if Diane's shirt was unbuttoned... bra intact.. jeans ON, buttoned but only zipped halfway.. shoes off.. panties off..

- plus take into consideration the amount of alcohol consumed and the reported marijuana use just before sex..

- and then try to understand the reasoning behind DW declining a ride home..

One might take a guess that after consenting to sex with some guy, she could also trust him enough to give her a ride home afterward, afterall, it was in the middle of the night, she and her boyfriend had discussed the dangers of her walking alone, she had to have been very intoxicated if what the one girl said is true (5-6 beers in one hour? wow, i'd be passed out for sure, nevermind consenting and walking)... so perhaps your thought has some merit..

What if... RB met DW on her way out.. asked her if she wanted to smoke a joint.. she says sure.. gets in his truck.. they smoke up and talk for a bit.. and then they start making out.. to a point, and then she says ok, enough, but he kept going.. she couldn't stop him.. she became furious and left in a hurry, as you mentioned..

She takes off, half dressed, with her panties and shoes in hand.. walks toward her home.. and at some point along the way, gets assaulted by 'the ravine rapist'.. except he doesn't rape her, just like he didn't rape the other victim a few weeks later, DR, and instead physically assaults her (also like he did with DR, except he didn't have a weapon at this point). She passes out perhaps, and he strangles her, and wants to make sure she's dead, so he puts her head in the 'crick' and puts a tire over her to ensure her death.

I'm having trouble comprehending that RB, who seemed like he had no troubles in getting women to like him and have sex with him (did you read that he had an affair for years with a girl who worked at Dofasco?), who seemed like he was able to keep a steady job (worked at Dofasco for years), became a volunteer firefighter, went on to be married a second time and have 3 children, who is trusted enough by his family members that they would agree to let him live with them while on bail and put up a substantial amount of their life savings into his bail money, who seems to have healthy hobbies such as golfing with other men... and who has no prior known incidences of violence or charges of an assault nature.. who got good reports from prison while he was incarcerated.. who seemed to have a life worth living.. AND who was only 23 years old at the time.. just suddenly kills a woman he just met, whether after rape, or after consensual sex. So I'm looking for the murderer to be a different person. jmo.

I noticed that 'the ravine rapist' was apparently raping women in that area from something like 1981 through to about 6 months prior to RB's arrest. Why, if the ravine rapist was RB, would the rapes have stopped 6 months short of him being available? I am wondering when it was when the fellow got deported to the UK who had potentially seen DR's perp?

Yes that is one theory I presented in my list especially after reading a rape forum where the guy says a girl he was with was willing to get naked but said no, that maybe she just wanted things to get to a point, but he couldn't hold back--his p*nis did the talking. So I'm thinking that too as a possibility, She left hastily and he did or didn't go after her.

The one thing I did read in a law case document which last night I couldn't find, was he had been charged once with (they used a certain word I can't remember) what was basically impersonation or fraud. So that would indicate a flaw in his character to me.

I know what you're saying, but as soon as the description of the murder came out he would know it was the same girl. I don't remember when he talked to his BIL about it, but for 17 yrs kept the after bar sex to himself knowing full well he probably should tell that part of the story. So what else is he hiding?

I didn't see the part about the affair.

Reading about different types of sexual assault, some that are planned, they have a weapon or at least a plan. Others like the purse straps, they use what's available, often a result of rage. Can pot make you go into rage? Maybe they did more than pot? He could have used that as a defense perhaps.
 
  • #176
There is no proof of rape--only proof of sex, but is there corroboration of RB being at the bar that night or in the parking lot? I think the bar closed at 1:30. I'd think people might be coming or going if they were still fooling around then, but I don't believe there is a witness. I believe one legal document says he was parked behind the bar and the question was raised, a girl walking home in the dark would go out the front door, not the back around behind the bar...
 
  • #177
Twitter Feed of Susan Clairmont, The Spec October 14, 2016 until lunch break

Cheryl Gzik is the Crown attorney on the case, while Russell Silverstein is representing Badgerow.

Feed Start—READ REVERSE FROM BOTTOM UP




Jury going for lunch now. Back at 2:15 p.m. #Badgerow #hamont


Going over Hawkins' job record to determine when #Badgerow trained him.



Did not know #Badgerow in 1981. Later, Badgerow trained him to use a "bander" to bind coiled steel.


He said slower tape sounded less like the accused.


Original Crown Joe Nadel (now Justice Nadel) played the recording for him. Listened to it twice. Possibly a different copy. Played slower.


Had earlier testified that he knew Fritch had gone to the police. Fritch gave his statement Dec. 29, 1998.


He worked with Dave Fritch. (Previous witness.) Does not remember Fritch talking about going to police.


He went to command post and received sketches, drawings. Later met with police to give them #Badgerow's name.


Did not remember date on which he called police.


And no trouble getting through hotline to play it for several coworkers.


He called the hotline from work and let others listen to it. No problem getting through, 3 or 4 times the day he talks to police.


"As soon as I heard it, I had a shiver in my spine," he had said in statement to police. That day, no trouble getting through on hotline.


Adler asked if Hawkins said the Crown's tape of the call seemed to play at a different speed? He said he didn't recall.


Scott Hawkins says he can't recall if he said in message that it was Badgerow's voice, or if it was before or after arrest.


Takes him until mid-November to get through to the hotline. Then he called police. Says he left name. "I wanted to speak to them further."


"I tried a number of times but I never got through to the recording."


Had gone to a @HamiltonPolice command post in February 1998. Received the hotline number. Tried calling, but couldn't get through.


Badgerow talked to him about "winterizing" his old car, but they never did it...Heard 911 call a couple of weeks before arrest.


Badgerow's former lawyer Leo Adler did this original cross. Trying to nail down when Hawkins and #Badgerow actually worked together.


1986 transferred to No. 2 hot mill. "On certain jobs we worked together." At "the coiler" in the 1980s.


Now read-in of the cross. Hawkins said he did not remember being at the police station with Gene Kelly...Hawkins started at Dofasco in 1978.


Tried number again from home, "two or three times...I just had to be sure what I knew." Jan. 8, 1999 he gave statement to @HamiltonPolice.


He used cell phone to call the hotline. "Instantaneously" knew it was Badgerow. "It shocked me...I had a chill in my spine. It set me back."

Heard 911 call before Badgerow's arrest. "I had been on my break...I happened to notice on one of our billboards, a poster." This was 3 a.m.


Worked with #Badgerow in 1986 at Hot Mill 2. Badgerow worked their first and helped train Hawkins.


Met him at Tim Hortons for coffee and to talk about the vehicle...At work would talk by phone within the hot mill. "It's a party line."


Badgerow lived in Caledonia at the time. He also had an older, blue Chev.


He would meet #Badgerow outside of work for coffee. "I had occasion to help Bob with one of his vehicles. Repair it." A Dodge truck.


Hawkins worked with #Badgerow. Sometimes worked in pulpit together. Usually 3 or 4 people in there. Could talk with each other.


Badgerow went to Saltfleet. Witness knew his sister, Ann and he worked at #Dofasco No. 1 Hot Mill.


Gzik is playing the part of well, herself. Fox is playing Mr. Hawkins. June, 7, 1958 DOB. Went to Saltfleet High School.


Next witness is a "read-in" of earlier testimony from 2011 trial because he has since died. #Badgerow


...that Steinbach talked to #Badgerow often at work, but phone conversations at work were only one minute long. Witness is done.


That's first time he tells @HamiltonPolice he thinks voice is Badgerow's. Silverstein done. Gzik back on her feet...Earlier testimony...


In January 1999, @HamiltonPolice came to #Dofasco to interview him and other coworkers. Steinbach knew why detectives wanted to talk to him.


Steinbach says he called hotline twice more . #Badgerow #hamont

Like 1

Steinbach says only way he could be 100 per cent certain is if he both heard and saw #Badgerow make the phone call.


Steinbach says that's not correct...His testimony from another trial, he said he couldn't say "100 per cent" it was Badgerow.


Silverstein: "I'm going to suggest the reason you didn't call police is that while it sounded like Badgerow, you weren't sure."


Witness says he was not aware of the posters about the case at #Dofasco.


Says it sounded like #Badgerow. He didn't call police right then, even though he knew @HamiltonPolice wanted people to cal with info.


Next time he heard it was at coworker's home. "He called it, listened to it, then I listened to it."


"I didn't really hear it that well, that particular time," he says. "It wasn't like I was listening intently." He had no reaction to it.


Plant is a noisy place. Ear protection needed. In pulpit, it's quieter. That's when he first heard 911 call over a radio.


When he heard the 911 tape for the first time he was working in "the pulpit." It's a control room at the end of a line at the steel mill.


Silverstein says any conversation he had with #Badgerow lasted only a minute. Steinbach says that's wrong.


It was 1994 or 95 that he began to work with #Badgerow regularly. Before that they had brief work encounters.


Gave statement to @HamiltonPolice in early 1999...Gzik done. Now Silverstein with cross.


"I was processing what I had listened to and then he was arrested maybe a day or two later."


He did not phone @HamiltonPolice right away. It was a Saturday night. He called hotline on Monday and listened again.


"I recognized the voice as Bob...Badge...The tone and the wording...I listened to the whole thing."


Coworker called "the task force number." This was weekend before #Badgerow's arrest. Coworker dialled number so he could listen.


"I heard the recording, I was out with a coworker for dinner with our wives." He asked if he'd heard the talk about the recording.


Saw #Badgerow socially only at "work related functions" such as a shift party or Christmas party.


He worked 12 hour shifts. For a while on same shift as #Badgerow. Worked "face to face."


Started in 1980 at No. 1 Hot Mill as a roll expediter. Worked with #Badgerow in 1984 at No. 2 Hot Mill.


Jury is back. Crown Gzik calls Joseph Steinbach. He has worked at #Dofasco for 36 years. #Badgerow


Witness is done. Jury getting a break. #Badgerow


A fair amount of talk at #Dofasco after #Badgerow's arrest.




Asked if he listened to the tape again in that 6-8 week period. He says no.




Abriel says "I just didn't want to call" and that's why he waited 6-8 weeks. #Badgerow




No recording of that message Abriel left.




Abriel insists poster was up in March and he called that special number to hear tape and leave a message that said #Badgerow in "slitter."




Silverstein says Abriel didn't call police until after #Badgerow's arrest. Abriel disagrees.




"Police request you listen to the actual recording of this caller," poster says, then provides a phone number to hear a recording.




Poster says "Requests Your Assistance" and gives details about @HamiltonPolice investigation. Talks about phone call from booth at Gate 6.




Silverstein shows Abriel the poster. Witness says that's the one he saw. Poster now being shown on screens.




Abriel says a poster up at Dofasco before he made call in March 1998. But Silverstein says poster didn't go up until November 1998.




When he did call, he didn't leave his own name or #Badgerow's name. Silverstein says there is no record of that call.




He knew it was an important case and yet he didn't call police until 6-8 weeks later? asks Silverstein.




Says he called police about two months after he heard 911 call on the radio. Abriel says he first heard it in January 1998.




He never socialized with #Badgerow or spoke to him on the phone.




"So Dofasco's work records are not always accurate," says Silverstein. (This will become critical later on.)




He explains because he had been temporarily put on the slitter. But records still showed him as working at the coke ovens. #hamont


Now cross by Silverstein. Discrepancy between his work records and where he was in fact working.



He left a phone message. Said he had information. Was in December 1998, after #Badgerow's arrest.


He gave statement to @HamiltonPolice. Told them if they were looking for guy who worked at the hot mill, he worked at the slitter mill now.


"Because I heard his voice." Thought maybe #Badgerow was in his house. Heard it on Y95.


Heard tape while sitting in kitchen eating breakfast. Radio on. "I froze...I looked around the room. I thought maybe he was in the room."

He never associated with #Badgerow outside of work. From Nov. 1997 to May 1998 was on same shift with him.


Used to work with #Badgerow strapping steel coil together. Worked "a couple of feet" apart for 12 hours at a time. Sometimes talked.


He sometimes worked at Hot Mill #1 and #2. Last 19 years worked in "slitter building" near Kenilworth and Strathearne.

Next up is Robert Abriel. He has worked at #Dofasco for 33 years. Started 1984. Started in a "labour gang." Then coke ovens, then slitter


Crown: "Are you giving testimony because you have long-standing animosity toward Mr. #Badgerow?"
Fritch: "Absolutely not."
Done on stand.


Re-exam by Gzik. Clarifying earlier testimony. Fritch meant #Badgerow sounded harsher in the 90s than in 1981.


"There used to be a guy who worked here and talked to me like that. And look where he is now," Fritch said. Agrees referencing Badgerow.



Worked with guy named Steve Dooley. Oct. 27, 1999, was working with him in the pulpit (a room in the steel mill.) Got into an argument

"As far as police were concerned, they didn't know anything about you," says Silverstein.


In November 1998, posters went up at Dofasco about the case. Even then, Fritch didn't call police, who had never called him.

Fritch: "Are you saying I didn't make the phone call?"

Silverstein: "Yes."

Fritch: "Well, that's not true."


Silverstein: "At no time prior to his arrest did you identify him as the speaker to anyone."


When Fritch first talked to police, he said he heard tape at the gym, not in his truck.


"No, I didn't do that on purpose," says Fritch.


"You were under oath...You said something that wasn't true," says Silverstein. "You laid it off on the cops." #Badgerow #hamont


Fritch now says it wasn't an officer who said that. HE said it. But that is not what he said in 2001, under oath.


At 2001 trial, Fritch said one officer offered to play tape again, another officer said no, because then lawyer could find fault with that.


Fritch: "I did not need to hear that tape again. I knew it was Robert Badgerow."

Silverstein: "Would it have been a big waste of your time?"


Silverstein says he was not open to possibility it wasn't Badgerow.


Fritch said no, because lawyers could suggest he had to hear it a bunch of times to decide.


When he went to @HamiltonPolice after #Badgerow's arrest, he turned down officers' offer to hear the tape again.

Silverstein suggests he didn't tell them about calling police because it never happened.


"I didn't really believe I needed to tell them," says Fritch.


Silverstein: "You didn't think twice about participating in the rumour mill."

Fritch: "Correct."


Silverstein: "You said nothing about that."

Fritch: "That's correct."


He did not tell his coworkers that he had previously called police and left a message about the voice on the 911 call.


Fritch interviewed by @HamiltonPolice for first time after #Badgerow's arrest.


"There was quite a bit of talk about it," says Fritch, who admits he told coworkers he thought it was #Badgerow's voice


After #Badgerow was arrested in December 1998, Fritch and coworkers at #Dofasco all talked about it and the tape.


Silverstein suggests there was no such message left and that's why @HamiltonPolice never called him back. Fritch says that's untrue.


"At the time, I believe i gave them the information they needed and then they could get back to me."
"But they didn't."
"No, they did not."

"If you knew it was Robert #Badgerow, why didn't you say so?"
"I don't know. I just didn't say so."


Fritch testified he didn't remember if he specifically said it was #Badgerow's voice in the message he left.


In 2011 he testified: "I believe I did" say in the message that I could identify the voice.


Fritch left a message on police answering machine. Gave name, phone number, maybe his address "and I may have said 'I recognize the voice.'"


"... & you never hear the voice in 1981," Silverstein says.


"The voice you heard on the tape was different from the voice of Mr. Badgerow you heard 3 years earlier...


"I knew instantaneously...I picked it up right away. That's his voice," says Fritch.


"The voice I heard on the tape sounded younger and it wasn't as harsh as I remember," says Fritch.


Fritch is disagreeing with Silverstein who suggests he is guessing as to what #Badgerow's voice sounded like in 1981.


"The voice on the tape to me sounded a little bit younger," than #Badgerow did in 1995-96.


Voice was "harsher" and "older," says Fritch. And that's only a difference of a few years. #Badgerow #hamont


Voice in 1998 was "slightly different" than the way #Badgerow sounded in 1994 or 1995. And he never knew his voice in 1981.


He'd heard some of that same tape in the February newscast but he did not call police.


In his truck he recognized #Badgerow's voice after just a few words

Fritch says he heard that first newscast in "early February" of 1998.


"...or your going to have an accident some day and I'm going to be the cause of it." Fritch agrees this happened.


Then Fritch grabbed him by lapels and said "Don't you ever grab me again...


"An hour later you beckoned you over to him."


#Badgerow "grabbed you by the lapels and he started cursing and swearing at you," says Silverstein. "Yes, he did," says Fritch.


Badgerow came back without it. Fritch said "I think you're losing it."

He never socialized with #Badgerow. He had a dispute with Badgerow while working with him. Asked him to get something he'd left behind...


Fritch did not know #Badgerow in 1981. Worked with him in the mid-90s for two years. No contact after that.


"We used to refer to him as "Badge," says Fritch...Crown done, now cross by Silverstein. #Badgerow


Fritch testified at #Badgerow's previous trials. "I feel quite confident it's him. It's his voice. I have no doubt."


Left that info on an answering machine. #Badgerow


That officer was not involved in the investigation. Fritch called the police officer he was told to contact. He left name and phone number.


Went home and talked to his wife about it. "I called a police officer." Their sons had played hockey together.


"It (his voice) was not as harsh as it was when I worked with him...I heard possibly 6, 7 words, I knew it was him."


"As soon as it started I knew that voice belonged to Robert Badgerow. I pulled over to the side of the road."


"Two police officers and started talking about a case. An older case...They said we have a tape we're going to play..."


Third time he heard it on the @TheRoyGreenShow while driving his car in Binbrook. Two @HamiltonPolice officers were on the show. #Badgerow


He heard the 911 call before #Badgerow's arrest in 1998. He heard it on the newscast. He was in kitchen making supper, didn't hear it well.


Badgerow worked in "the pulpit." Could talk via a telephone. #hamont #Badgerow


"I was face to face working with him, most of the time," says Fritch. They worked to sheer off steel at No. 2 hot mill. #Badgerow #Dofasco


Gave initial statement to @HamiltonPolice in December 1998. He knows #Badgerow and worked with him from 1994-1996. 12-hour shifts.


Frederick David Fritch is sworn in. He is a retired Dofasco employee. Worked there 41.5 years, starting in 1969. #hamont #Badgerow


First witness called by Crown Gzik is David Fritch. #Badgerow #hamont

Jury coming in at the Robert #Badgerow murder trial in Kitchener. Witnesses today will be asked if it's Badge's voice in 911 call. #hamont
 
  • #178
Badgerow Trial , Kitchener October 14, 2016 Tweets continued Susan Clairmont after lunch


Jury is excused until Monday. #Badgerow

Witness is done. Gzik tells the court she has run out of witnesses for the day. Justice Flynn jokes that the jury hasn't put in a full week.

Asks about union categories. Miller would be categorized as a "labourer" which could allow him several different jobs. Not skilled labourer.

Now re-exam by Gzik. Lunch break is typically 30 minutes...Justice Flynn has a question now.

An hourly employee is supposed to punch out if they leave the plant during their shift. But that doesn't always happen.

Employee would punch in at the corner of Queen and Barton, then walk down into plant area and past security, he says. #Badgerow

Crown done. Now defence doing cross.

Now seeing a map of North #hamont with the Queen and Barton site marked. Made an exhibit.

On June 22, 1981 Miller worked 8-hour day shift, on a diesel crane. Punched in at 6:35 a.m. and out at 3 p.m.

He worked an 8-hour shift on the 19th. Punched in at 2:49 p.m. and punched out at 11 p.m.. Used a badge to swipe in/out. #Badgerow

This is days Miller worked in June 1981. On Friday, June 19, 1981 he worked afternoons (3-11 p.m.) at Queen & Barton (20 inch Mill.)

Jurors can see this clearly on individual screens right in front of them. I don't have that luxury. #Badgerow

It's a new employee contract. Miller graduated from Saltfleet high school in 1980. Same high school #Badgerow went to.

Records related to a Stelco employee named Brian Miller. A document shown on screen in courtroom. (But far too tiny for me to read.)

Jury back. Next witness is Bernard Riddell. He is retired from Stelco, manager of payroll.
 
  • #179
Is this Brian Miller in the Tweets the same Brian Miller who was a convicted rapist?
 
  • #180
Queen and Barton?
 

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