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

[deugirtni]

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.

From what I know, pot makes you chilled, not raged. 'make love, not war'. etc. If he knew, or surmised that the girl he'd had casual sex with on that night was the same girl reported murdered in the news, and he'd gone to police, and told them that he'd had sex with some girl that night in Malarkey's parking lot, wasn't sure if same girl, etc.... then what would have happened to him? would he have been charged with murder 17 years earlier? he'd be in same position as 17 years later when they found his DNA?

You've got to read the part about the affair! She is one of the ones who positively identified him as the 911 caller.
http://www.thespec.com/news-story/4...lairmont-s-unsolved-the-robert-badgerow-case/
http://www.thespec.com/news-story/2219553-lover-identifies-voice-as-badgerow-s/

He had previously been charged, apparently, with 'personation'.. which I'm not really sure what that charge includes. Different from 'impersonation' somehow. could have been many things I suppose, and would have been nice to have elaborated on what that was about, and whether the charges stuck, and what it was exactly, etc. I think I read that he was charged with that in 1994.

Definitely sounds like he had a busy sex life and appetite. Would love to know more details on the crimes of the 'ravine rapist'? What his 'MO' was, etc.

 

[Claroon]

From what I know, pot makes you chilled, not raged. 'make love, not war'. etc. If he knew, or surmised that the girl he'd had casual sex with on that night was the same girl reported murdered in the news, and he'd gone to police, and told them that he'd had sex with some girl that night in Malarkey's parking lot, wasn't sure if same girl, etc.... then what would have happened to him? would he have been charged with murder 17 years earlier? he'd be in same position as 17 years later when they found his DNA?

You've got to read the part about the affair! She is one of the ones who positively identified him as the 911 caller.
http://www.thespec.com/news-story/4...lairmont-s-unsolved-the-robert-badgerow-case/
http://www.thespec.com/news-story/2219553-lover-identifies-voice-as-badgerow-s/

He had previously been charged, apparently, with 'personation'.. which I'm not really sure what that charge includes. Different from 'impersonation' somehow. could have been many things I suppose, and would have been nice to have elaborated on what that was about, and whether the charges stuck, and what it was exactly, etc. I think I read that he was charged with that in 1994.

Definitely sounds like he had a busy sex life and appetite. Would love to know more details on the crimes of the 'ravine rapist'? What his 'MO' was, etc.

What a slimeball. Engaged and fooling around and she says it's not wrong. Why didn they just marry each other?

t does point out the idea of sex in the truck something I guess he was used to.

 

[deugirtni]

What a slimeball. Engaged and fooling around and she says it's not wrong. Why didn they just marry each other?

t does point out the idea of sex in the truck something I guess he was used to.

They had their affair over 6 years, from 1987/88 through to 1993. He became engaged while this was going on, then married, and went on to produce his 3 sons during that time... wow. He was also engaged to TH back in 1981 when he says he had the casual sex with DW. But we can't consider him a murderer because he had women on the side. Must have been a lovely surprise for his wife though, when the first trial happened and all of this came to light (I'm assuming it hadn't been known prior to that... the marriage ended sometime after his first trial). No idea why they didn't just make it official between the two of them instead of just being sidekicks?

 

[deugirtni]

Found some more info about DW's time of arrival and method of transportation to the bar that night. Apparently DW hadn't even wanted to go to the bar that night, and was coaxed into it by her friend, who has felt guilt ever since.

DW had smoked marijuana before going out that night as well, so she *must* have had evidence of that in her blood at autopsy, and yet nothing has been mentioned about that? I wonder if a drug test would have shown how soon she had smoked a joint before death occurred? Wouldn't that be really important to confirm so as to corroborate RB's version of events? How long does marijuana stay visible in the blood, and is there a way of determining the time and quantities consumed? If it didn't show up at autopsy, then does that indicate something in regard to TOD, ie as the TOD later than presumed?

This testimony (from a previous trial) confirms also that DW had had quite a bit of alcohol (the friend estimates 6 beers, but then the friend went to talk to other people and didn't see DW during her last bit at the bar, while the friend's friend did see her, so she could have consumed even more in that time). Interesting that the friend estimates she saw DW consume 5-6 within the 1 hour that she was there with her, while the other friend estimates same number over the span of 2.5 hours while she was there with her. Either way, to me, that seems like a lot of beer in a short time that should have shown more than just above the legal limit at autopsy if she had died soon after leaving the bar?

Why would DW not have wanted to wait for a (safe) ride home? (Maybe not so safe, depending on how much her friend had been drinking??) And why would DW have had to be talked into going to the bar when it was her birthday weekend, so to speak? Was she hoping instead that her boyfriend would show up to celebrate her birthday with her?

Lori Allen-Feasson, a Crown witness at the first-degree murder trial of Robert Badgerow, took the stand Thursday to talk about the night she drove Werendowicz to Malarkey’s Bar at the Fiesta Mall. ....

.... “I was encouraging her to go out that night to meet some friends of mine. … I felt responsible (for what happened) because she didn’t want to go out that evening.”


The former Stoney Creek nurse left no doubt she has carried that burden since that fateful June 19, 1981 outing.


“For 30 years,” Allen-Feasson told defence counsel Boris Bytensky.


Allen-Feasson testified that she drove to Werendowicz’s apartment at about 8:45 p.m. The two women drank water and shared a marijuana cigarette that Allen-Feasson had brought with her.


The pair arrived at Malarkey’s between 9:15 and 9:30 p.m. The bar was busy and the women stood at the bar. Allen-Feasson’s friends, Janice Noble and Sharon Smith, arrived at about 11.


Allen-Feasson estimated that Werendowicz consumed about six beers that night.


Allen-Feasson said she left the group for 15 minutes to talk to some other Stoney Creek friends she knew. When she returned to the group at about midnight, Noble told her Werendowicz had taken a cab home.


....

Hank Daniszewski testified he was a Hamilton Spectator summer intern reporter working the Sunday police shift on June 21, 1981, when he learned about a homicide investigation.


It was Daniszewski’s job to go to Werendowicz’s parents’ home to obtain a photograph of the deceased woman. It was a job made more difficult for the cub reporter because it was Father’s Day.


Daniszewski, who now works as a reporter for the London Free Press, said he believed the dead woman’s father told him she had been strangled.

Daniszewski did ask one final question. But he decided the mourning father’s answer was too personal to include in his Spectator article that would run Monday — the day Werendowicz would have turned 24.

“The last question I asked him was whether he had bought her something for her birthday,” Daniszewski told court. “He paused for a moment. Then he said, ‘I guess we’re going to get her a coffin.’”

http://www.thespec.com/news-story/2216800-witness-still-feels-guilt-over-cajoling-victim-to-bar/

 

[deugirtni]

Queen and Barton?

Must be a typo??

 

[deugirtni]

Is this Brian Miller in the Tweets the same Brian Miller who was a convicted rapist?

I hadn't read anything so far about him also working at Dofasco? But surely it must be one and the same, otherwise they should have elaborated on that??

 

[deugirtni]

bbm all questions a witness should be able to provide for the jurors. Should have finger print dusted his dime/quarter.

I can't remember if I already posted this, but 911 calls made from pay phone booths don't require money.

 

[deugirtni]

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...

Below is a photo from googlemaps of Fiesta Mall (currently).. i think when the parking area is talked about, it is actually at the front, and not at the rear of the bar. it would make sense for DW to have walked out the front, and through the parking lots, to get up to the main drag (where there are lights and traffic and would presumably be safer for a female walking alone (intoxicated) at midnight on a Friday night). I will go back and look it up again, but I believe it said RB was in the parking area as opposed to in the back, in the shipping/receiving areas. I went to the maps wondering if she *had* gone the back way, if it could have made sense depending on the direction she was headed to commence her route home, but then realized the entire parking lot is in the front. Does it make sense that they'd be in a public parking lot at midnight on a Friday night at a busy, popular bar location, smoking pot and having sex? Who knows? I guess RB could have parked more towards the fringes of the lot.. and even if not, who's coming out of the bar and looking into truck windows? jmo

 

[deugirtni]

I hadn't read anything so far about him also working at Dofasco? But surely it must be one and the same, otherwise they should have elaborated on that??

Brian Miller was on a 7-to-3 day shift at the Queen and Barton streets Stelco site when that critical call came into Hamilton police on June 22, 1981. A jury in a Kitchener courtroom Friday saw Stelco records that show Miller, 18 at the time, punched in at 6:35 a.m. and out again at 3 p.m. on the dot.


The 911 call from an anonymous man came in at 12:19 p.m. that day.


"She was raped before she was killed," he said. "And she was strangled with her purse."


The Crown team has spent the last couple of days trying to prove that the call, which revealed intimate details of the crime that weren't widely known, was made from a pay phone outside Gate 6 at Dofasco on Ottawa Street North.


That was about seven kilometres from the competing steel mill where Miller was supposed to be working at the time.
....

Police "looked at a man named Brian Miller as a person of interest," Gzik told the jury in her opening statement. "He happened to live with his father in the same large apartment building that Diane had resided in. Five years later, in his 20s between 1986 and 1988, he committed a number of sexual assaults against women. So police looked at him very carefully for this crime. However, there was no forensic connection between Brian Miller and Diane Werendowicz."


On the day of the murder, Miller worked an afternoon shift at Stelco, punching in at 2:49 p.m. and out at 11 p.m., jurors heard.

Diane left the bar across town at about midnight to make the short walk home to her apartment.

Oops, I missed that they had been talking about Stelco as opposed to Dofasco yesterday. I didn't know that either Stelco or Dofasco had a plant/site at Barton and Queen? And.... call me naive, but I can't comprehend that an 18 y/o would have committed that crime. It doesn't sound like BM commited murder in the other sexual assaults he was connected with? Would love to hear more about how they excluded DW's bf from the possibilities though.

 

[deugirtni]

I wonder if RB ever said that he met/ran into DW 'behind' the 'mall'? This article from a previous trial only reports him saying,

"Badgerow testified at the two previous trials he met Werendowicz, a 23-year-old McMaster hospital nursing assistant, on June 19, 1981, outside Malarkey’s bar at the Fiesta Mall. He said the two had sex in the back seat of his car in the bar parking lot after smoking marijuana. Werendowicz then left on foot. Badgerow testified he never saw her again."

http://www.metronews.ca/news/hamilt...-investigator-warns-women-to-be-vigilant.html

CITATION: R v. Badgerow, 2012 ONSC [FONT=&quot]4829[/FONT]

[25] Robert Badgerow testified that he met Diane Werendowicz, with whom he was unacquainted at the time, in the parking lot at the rear of Fiesta Mall. They had a brief conversation after which they retired to his vehicle which was in the parking lot and consumed some marijuana. They engaged in unprotected sexual intercourse in the rear seat of the vehicle. At the conclusion of the act of intercourse, Diane Werendowicz left the vehicle. Robert Badgerow did not see her again. He denied killing her.

http://caselaw.canada.globe24h.com/.../2012/09/06/r-v-badgerow-2012-onsc-4829.shtml

CITATION: R. v. Badgerow, 2008 ONCA 605

[5] The appellant testified at trial and claimed that he had consensual sex in 1981 with a female stranger he met in the parking lot of a bar near the ravine. He said that he and the woman smoked a joint in his truck and then had sex. According to the appellant, he never saw the woman again after she left his truck. The appellant denied being in the ravine with the deceased, killing her, or placing the 911 call.

[6] Although he said he did not know the identity of the woman with whom he had sex until he was told about the DNA match, the appellant acknowledged putting “two and two together through the reports in the newspaper”. He said he did not provide this explanation in his statement to the police because he did not think they would believe him.

http://caselaw.canada.globe24h.com/...o/2008/09/05/r-v-badgerow-2008-onca-605.shtml


Further to the possibility of DW wandering around the parking lot, wherever it was located... I wondered if she could have scoped out the various areas to see if she could see her bf's transportation? Possibility? I am doubtful that the lot was even located in the rear, or that the rear is where RB and DW first met. My guess is that over the years and over 3 separate trials before this one, the parking lot has become in the rear? Rear as opposed to near perhaps? Who knows? Note the difference in the quotes above, one from 2008 and one from 2012.

 

[deugirtni]

Just an FYI:

Lisa Hepfner
‏@HefCHCHNews

Crown Cheryl Gzik just told me she's been informed that 1981 #Werendowicz coroner Dr Szabo is not dead, as she told jury. In his 90s today.
12:40 PM - 6 Oct 2016

[video=twitter;784116066553397249]https://twitter.com/HefCHCHNews/status/784116066553397249[/video]

 

[deugirtni]

I wonder what evidence was in the one (out of 8) case, which linked RB to the ravine rapes? In any case, I don't get how police and media can go around stating that it is suspected that he was also the ravine rapist, when there is no evidence to even link him in 7 out of 10 of them, and in the two, there is no proof that rape occurred.. and no info on the other one. Just doesn't seem right to publicly pin something like that on someone, without going to trial, being charged, proof, etc.

Defence lawyers Boris Bytensky and Leo Adler took issue with Hrab’s view that Badgerow is a suspect in other attacks.

In a written statement, they said that at Badgerow’s first bail hearing in March 1999, prosecutor Joe Nadel conceded that in seven of the eight cases (excepting Werendowicz and Debbie Robertson), there was no evidence linking Badgerow to the crimes.

“In the 14 years since Mr. Badgerow’s arrest and in the almost 20 years before his arrest, the police came up with zero new evidence implicating Mr. Badgerow. Of course, no charges have ever been laid in connection with any of the other incidents, indicating that the police do not actually have ‘reasonable grounds’ to believe that Mr. Badgerow committed those crimes,” they stated.

http://www.metronews.ca/news/hamilt...-investigator-warns-women-to-be-vigilant.html

 

[Claroon]

Found some more info about DW's time of arrival and method of transportation to the bar that night. Apparently DW hadn't even wanted to go to the bar that night, and was coaxed into it by her friend, who has felt guilt ever since.

DW had smoked marijuana before going out that night as well, so she *must* have had evidence of that in her blood at autopsy, and yet nothing has been mentioned about that? I wonder if a drug test would have shown how soon she had smoked a joint before death occurred? Wouldn't that be really important to confirm so as to corroborate RB's version of events? How long does marijuana stay visible in the blood, and is there a way of determining the time and quantities consumed? If it didn't show up at autopsy, then does that indicate something in regard to TOD, ie as the TOD later than presumed?

This testimony (from a previous trial) confirms also that DW had had quite a bit of alcohol (the friend estimates 6 beers, but then the friend went to talk to other people and didn't see DW during her last bit at the bar, while the friend's friend did see her, so she could have consumed even more in that time). Interesting that the friend estimates she saw DW consume 5-6 within the 1 hour that she was there with her, while the other friend estimates same number over the span of 2.5 hours while she was there with her. Either way, to me, that seems like a lot of beer in a short time that should have shown more than just above the legal limit at autopsy if she had died soon after leaving the bar?

Why would DW not have wanted to wait for a (safe) ride home? (Maybe not so safe, depending on how much her friend had been drinking??) And why would DW have had to be talked into going to the bar when it was her birthday weekend, so to speak? Was she hoping instead that her boyfriend would show up to celebrate her birthday with her?



http://www.thespec.com/news-story/2216800-witness-still-feels-guilt-over-cajoling-victim-to-bar/

Excellent find. Hmm about the cab. Hadn't heard that before.

 

[Claroon]

Must be a typo??

I dunno. Was looking for an old 1981 map but couldn't find one online.

Update- saw your note about Stelco not Dofasco. Still strange address. I had also thought Stelco & Dofasco had merged and I'm incorrect.

 

[Claroon]

I hadn't read anything so far about him also working at Dofasco? But surely it must be one and the same, otherwise they should have elaborated on that??

Gets stranger by the day.

 

[Claroon]

Below is a photo from googlemaps of Fiesta Mall (currently).. i think when the parking area is talked about, it is actually at the front, and not at the rear of the bar. it would make sense for DW to have walked out the front, and through the parking lots, to get up to the main drag (where there are lights and traffic and would presumably be safer for a female walking alone (intoxicated) at midnight on a Friday night). I will go back and look it up again, but I believe it said RB was in the parking area as opposed to in the back, in the shipping/receiving areas. I went to the maps wondering if she *had* gone the back way, if it could have made sense depending on the direction she was headed to commence her route home, but then realized the entire parking lot is in the front. Does it make sense that they'd be in a public parking lot at midnight on a Friday night at a busy, popular bar location, smoking pot and having sex? Who knows? I guess RB could have parked more towards the fringes of the lot.. and even if not, who's coming out of the bar and looking into truck windows? jmo
[/IMG]

One of the lawyers had said that in one of the case file but I can't find it--the part about which door a young lady might have left from.

(bbm) As for where he said he was parked, "Robert Badgerow testified that he met Diane Werendowicz, with whom he was unacquainted at the time, in the parking lot at the rear of Fiesta Mall. They had a brief conversation after which they retired to his vehicle which was in the parking lot and consumed some marijuana. They engaged in unprotected sexual intercourse in the rear seat of the vehicle. At the conclusion of the act of intercourse, Diane Werendowicz left the vehicle. Robert Badgerow did not see her again" http://caselaw.canada.globe24h.com/.../2012/09/06/r-v-badgerow-2012-onsc-4829.shtml

So the girl he had an affair with in the truck it was in the flatbed not seat as he says in this 'story'? Did Dodge trucks have back seats then?

 

[Claroon]

Here's the thing, we are spending time analyzing the bar part but perhaps we should start with the crime scene instead and work backwards.
Heck, maybe she did take a taxi. The only person saying he saw her walking was the accused.

A) I hope they checked taxi records
B) I wonder if they checked out the make of the tire? Maybe it was taken from the perps own truck?

 

[deugirtni]

One of the lawyers had said that in one of the case file but I can't find it--the part about which door a young lady might have left from.

(bbm) As for where he said he was parked, "Robert Badgerow testified that he met Diane Werendowicz, with whom he was unacquainted at the time, in the parking lot at the rear of Fiesta Mall. They had a brief conversation after which they retired to his vehicle which was in the parking lot and consumed some marijuana. They engaged in unprotected sexual intercourse in the rear seat of the vehicle. At the conclusion of the act of intercourse, Diane Werendowicz left the vehicle. Robert Badgerow did not see her again" http://caselaw.canada.globe24h.com/.../2012/09/06/r-v-badgerow-2012-onsc-4829.shtml

So the girl he had an affair with in the truck it was in the flatbed not seat as he says in this 'story'? Did Dodge trucks have back seats then?

Yes, the girl reported being in the 'flatbed' (which I assume she meant 'box'?) while out in a farmer's field.. when they were having an affair. For the one night stand with DW, RB reports sex in back seat. I found Dodge trucks from ages ago with both full back doors, and the ones with the small back doors (that have the little skinny back seats); these are 1)1978; and 2)1975 Dodges (How do we know he had a Dodge?)

 

[Claroon]

Yes, the girl reported being in the 'flatbed' (which I assume she meant 'box'?) while out in a farmer's field.. when they were having an affair. For the one night stand with DW, RB reports sex in back seat. I found Dodge trucks from ages ago with both full back doors, and the ones with the small back doors (that have the little skinny back seats); these are 1)1978; and 2)1975 Dodges (How do we know he had a Dodge?)

bbm

Thanks. The vehicle info was from Oct 14 SC tweets:

Hawkins worked with #Badgerow. Sometimes worked in pulpit together. Usually 3 or 4 people in there. Could talk with each other.
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.
Badgerow lived in Caledonia at the time. He also had an older, blue Chev.

 

[Typhoo1961]

In those days I suspect it more likely is a light than camera.

Probably a light. Cameras were not common on buildings back in those days.