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

[Claroon]

I had a revelation during my sleep or in between sleep sleuthing. Seems I can't turn my mind off. I hope all these revelations help someone with something. Anyhow here it is:

It's important to know what was at the crime scene, but can be equally important what wasn't there, such as:

a) KEYS, she was walking home. In those days we used keys to get into our apt buildings. She would have had keys. Could the perp have stolen them and his motive was theft?

b) WALLET - I think Deugirtni was sleuthing that. Did you find anything? We learned there was a $1 bill. Heck, maybe that's the perp's trademark, to leave $1 with the vic. She was at the bar. She would have taken money and ID.

c) WATCH - My understanding was that nurses always wore watches which they used to take blood pressure. She didn't have much time before shift end and going out. Did she take her watch off?

d) EARRINGS - Many girls had pierced ears by then. When I go out, I wear earrings. Did she have any on?

As you can see, I'm wondering if the motive for murder was robbery, made to look like robbery, or if the perp maybe took souvenirs.

Geesh, I feel bad, as they say "my bad." I had only looked at some photos before writing this and the ones I looked at didn't have this stuff. Anyhow, I went back and saw this today from October 3 SC Tweets:

I can see a $1 bill, a small bottle of Nivea cream. Sunglasses. A hairbrush. A nail file. Keys. Loose change. A bobby pin.

A necklace, 2 pierced earrings, 1 gold ring, 1 Cameo ring were also seized, Watkins tells the court

 

[Claroon]

So it seems only LH of CHCH is covering things today. Even then, some gaps. Maybe jury was asked to step out or reporters or she had to take a call ? Anyhow, ex-lover and
Detective Hrab have been on today. https://twitter.com/HefCHCHNews (If you see other coverage, let me know.)

 

[deugirtni]

Originally Posted by deugirtni Unless the sample was taken from her panties or other item, and not from her body? It doesn't specify where it was found or taken from? Was there also grass in the ravine, or just weeds and wildflowers?

Regarding the pubic hair:

At least 4 bankers boxes of Diane's belongings sitting near Crown table. Next exhibit is envelope of pubic hair. Crown alleges rape.

Silverstein asks how combed pubic hair sample got into envelope. Watkins says "I wasn't exactly hovering over (Dr. Foster)."

Silverstein and Watkins are carefully examining envelope that contained pubic combings. Discussing how it had been sealed. Tape? Saliva?

There is old, yellowed tape on envelope...Justice Patrick Flynn orders morning break.

In earlier testimony Watkins says someone else put the comb and hair inside the envelope. Then Watkins took the envelope

. Twitter Feeds Susan Clairmont, October 3, 2016 ‏@susanclairmont

Is it assumed that that one hair with the grass seed attached to it had been originally found that way, still attached to DW's body? Or could it have also been found loose in her panties, or her jeans, or on her shirt, or on the tarp, or anywhere else, etc.? I guess nowadays there would be photographic and video evidence to show where it was found. I'm unsure whether it was one of a bunch that were clipped off of her body, or if it was a stray found somewhere else.

If it was a hair that was still attached to her body at autopsy, and there was a grass seed on it, one would have to assume, since the jeans were back on her, that the grass seed got there either by her being in grass, or by being in her jeans and then attaching to her when they were put back on. If it was a hair that had been found inside her panties, or in her shoe, or anywhere but on her body, the grass seed could have come after the fact.

It sounds like there may be somewhat of an issue in this case regarding integrity of evidence, perhaps it is because of the year and the way things were done at that time. ie where did the sample come from, how was that envelope sealed, who had access to it between the time the evidence was found/collected and the time it was examined under microscope and reported on, what were they touching before they accessed it, is it documented, etc.

 

[Claroon]

Did you read this document? Here's about the personation charge and his other behaviors such as hanging out stalking bars. It also points out to significant info on BM.

I gather the significance of the evidence about Robert Badgerow’s conviction for personation is not so much that he was convicted of a crime that could be suggested is one of dishonesty, but that the credit card was used to rent pornographic movies. The titles of the movies were Brief Affair, Fairy Tales and Sex Fever.

http://www.canlii.org/en/on/onsc/do...WlsbGVyIGFuZCBIYW1pbHRvbgAAAAAB&resultIndex=1

And also of interest:

On the other hand there is evidence that Colin Vandenbrink was working on the evening of June 19, 1981 and went out with friends afterwards. There is no suggestion that Colin Vandenbrink had a propensity for violence or for sexually assaulting women. There is no evidence linking Colin Vanderbrink to the death of Diane Werendowicz.

and what the Hell?

As a result of DNA testing it was determined that Colin Vandenbrink’s semen was found in Diane Werendowicz’s panties which were found near where her body was discovered. I understand that there will be evidence that Colin Vandenbrink and Diane Werendowicz had sexual intercourse on the weekend before her death and it will be suggested this was the reason for Colin Vandenbrink’s semen being found in her panties. There is also evidence that the relationship between Diane Werendowicz and Colin Vandenbrink was sporadic and that Diane Werendowicz might have finally terminated it shortly before her death. There is also some evidence suggesting that Colin Vandenbrink’s affection for Diane Werendowicz was stronger than her affection for him.

 

[Claroon]

The above screams motive to me re CV. Also in another document:

Here's where the law is STUPID. This was considered "heresay" I say it possibly let a killer out on the loose:

Robert Badgerow wishes to introduce evidence that Diane Werendowicz had made statements to a number of people that she was afraid of her former boyfriend, William Cooper because she believed he had vandalized her car, had made threatening telephone calls to her and was stalking her

ulia Knijnenburg, a friend and co-worker of Diane Werendowicz provided a statement to police in which she related a number of things she had been told by Diane Werendowicz as follows:

a) that in the several months before her death, she did not go out with Colin Vandenbrink;

b) that Colin Vandenbrink wanted to marry her but she had said no;

c) that prior to meeting Colin Vandenbrink, she had been engaged to another fellow who had beaten her badly and had subsequently moved "out west"; and,

d) that in or around April 1981 after she had discovered her tires slashed and the sunroof of her car broken, she was scared, because she thought that the fellow had come back to get at her.

Ditte Passchier, a friend and co-worker of Diane Werendowicz provided a statement to the police in which she related a number of things she had been told by Diane Werendowicz as follows:

a) that the sunroof of her car had been damaged and she felt it might have been her former boyfriend who was responsible;

b) that her former boyfriend had beaten her;

c) that she did not have a telephone because she was afraid of her former boyfriend calling her;

d) that she had received a telephone call from a person who hung up, and who, she thought, might have been her former boyfriend;

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

f) that on June 14, 1981 Colin Vandenbrink had spent the night at her apartment and they had sex because she "couldn’t resist his advances".

Did pathologist check for pregnancy?

Lori Preece, a friend and co-worker of Diane Werendowicz provided a statement to the police in which she related a number of things she had been told by Diane Werendowicz as follows:

a) that when she told her former boyfriend in February 1980 that she did not want to see him again, he beat her up, giving her a black eye;

b) that the same boyfriend had wrecked her house and her car and was responsible for making harassing phone calls to her; and,

c) that she was afraid of this individual.

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;

c) that she was no longer interested in this individual;

d) that this individual still looked the same; and,

e) that she had met a man by the name of Gary in the building that they had struck up a good relationship, and that he would call at odd hours and come up and talk.

Geesh, I'm ticked at that judge http://www.canlii.org/en/on/onsc/do...RY29saW4gdmFuZGVuYnJpbmsAAAAAAQ&resultIndex=2

 

[deugirtni]

Wow. I'm seriously feeling like vomiting right now. How is this RB even permitted to go through a fourth trial in light of all of these other things that were disallowed?

The CV thing, wow. his DNA was found in her panties which were with her on that night, but not on her body. So........ tht would suggest that she had on those panties prior to meeting up with RB.... that she had sex with RB on some level, whether by consent or by date-rape or by rape... that she did somehow have her jeans back on her body after sex with RB.. but not her panties.. and the judge believes it is not worth presenting that CV's semen was found in her panties, even though the two had reportedly not seen each other for an entire week, SEVEN days.. and that DW was STILL wearing the same panties, or had chosen to wear a pair of panties out of the laundry prior to being laundered.. on the night when she's going out to the bar with the girls.. right. Fat chance. Nada.

So... yes, CV could easily have had a key to her apartment, seeing as how they had been lovers. No cell phones. (Apparently not even a homephone??) To keep her boyfriend from potentially having to wait for her if he arrived from out of town to be with her, it would have made sense for him to have a key, since she worked way at the opposite end of the city, which perhaps she may not have received back from him as of that time.

And is this why she didn't want to go out that night? And is this why she left the bar earlier than her friend, who had driven her? Because she knew there was a possibility that CV may show up that night? Did she want to get back at him for something? Perhaps CV screwed around on her, and so she took RB up on his offer of weed and sex, to show CV that she could do same?

DW could easily have walked home from being with RB that night.. found CV waiting (or he arrived later on after her arrival at home).. got into a squabble with him, at which time the vase was knocked over.. she tells him she had casual sex with someone.. his anger gets the better of him and he kills her.. puts her body in his vehicle.. drives to the ravine.. drags her still-living body down to the creek (with her socks picking up burrs along the way).. puts her in some weird position, shoves her face in the water to make SURE she would die, if not by strangulation, then at least by drowning.. throws the shoes she had taken off her feet when she arrived home at her apartment after sex with RB, along with her panties that she had perhaps in her pocket or purse or hand, along with her wallet also, and leaves them by the bank.. he undoes all of her shirt buttons, ripping one off in the process, and unzips her jeans zipper halfway to make it appear that she was sexually assaulted.. perfect, since he already knew she had just had sex with some other guy.. perhaps he figured that not his own semen, but that of her unknown sex partner that evening, would be found in her panties???

Puts the tire that just happened to be laying around in the ravine somewhere, over DW's head so that even if she survived the strangulation AND the water, she wouldn't have mustered the strength with a tire over her head, to escape alive, and so she could never betray that it was him that did this to her..

Gets a couple friends to be his alibi for that night.. in fact.. who says this happened right after midnight?? It easily could have occurred much later.. it was never stated what the TOD was.. and remember the alcohol in her blood only showed just over the legal limit, which differs a lot, I would think, from consuming 6 beers within maximum 2 hours, if she had been killed as quickly as what the Crown is alleging.. wow.

She had also been pregnant at some point with CV's child?? Had that pregnancy been somehow terminated (by choice or by chance??), or *was* she pregnant at TOD? Could CV even have made the phone call two days later????? If CV did go to wherever he said he went with friends for the weekend, (Was it Sauble Beach?), then he would have been back on the Monday (Diane's birthday??).. Wait.. it said that CV had driven to Stoney Creek to go to Diane's apartment.. was that on the Sunday? Did he return on the Monday to make that call, pulling in at a phone booth at Dofasco which he perhaps passed along the way.. or it is even possible that DW had told him that her one-night-stand was a guy who worked at Dofasco.. and he just chose that phone booth because he saw it while passing by Dofasco (PO'd).. was his voice ever compared to the recording?? I don't think I have ever heard anything about whether his voice had been compared, or if anyone that knew him had been asked to listen to it, as the other people had been asked to do who knew RB's and BM's voice?

Wow, amazing the things that can be left out of a trial, on purpose, which could have either served the prosecution OR the defence. How can they disallow evidence that could very obviously leave at least a reasonable doubt, if not a full fledged alternate suspect being dropped right in their laps? Just because CV worked til 1:30? Just becuase he had friends who say he went out with them after that? What else??? Surely the judge knows that it has happened that people lie and give people alibis to protect friends???

 

[deugirtni]

Okay wait.. that's only part of the story..

So.. what if.. CV was waiting for DW when she arrived home after her 12 hour shift on the 19th.. they had quick sex.. she went out with her girlfriends.. she said she'd see him after he finished his shift (what was his work shift exactly on that night??).. so then.. add the rest above..

Or.. CV had spent the night before overnight at DW's apartment.. before her work shift.. they had quick last minute sex before she headed off to work.. while she was at work, he went home, off to his job, whenever that started.. then he came back after his shift ended and after he'd gone out with friends.. they talked.. DW told him about her fling.. add the rest above..

Can that explain CV's semen in her panties? Can't the dang DNA tests tell how old that semen was in her panties???

 

[dotr]

Just how many abusive guys were around that area at that time?!
Any reason to believe RB was friendly with any of the other guys?
Although this sort of thing only happens in movies, what if one guy, RB, was in fact watching, stalking DW with the intention of sexually abusing her himself, but instead becomes a witness to murder?
speculation.

 

[Claroon]

Wow. I'm seriously feeling like vomiting right now. How is this RB even permitted to go through a fourth trial in light of all of these other things that were disallowed?

The CV thing, wow. his DNA was found in her panties which were with her on that night, but not on her body. So........ tht would suggest that she had on those panties prior to meeting up with RB.... that she had sex with RB on some level, whether by consent or by date-rape or by rape... that she did somehow have her jeans back on her body after sex with RB.. but not her panties.. and the judge believes it is not worth presenting that CV's semen was found in her panties, even though the two had reportedly not seen each other for an entire week, SEVEN days.. and that DW was STILL wearing the same panties, or had chosen to wear a pair of panties out of the laundry prior to being laundered.. on the night when she's going out to the bar with the girls.. right. Fat chance. Nada.
??

Before I read on, or a sick perv who gets off on violence and ejaculated onto the panties right after strangling her.

 

[Claroon]

And is this why she didn't want to go out that night? And is this why she left the bar earlier than her friend, who had driven her? Because she knew there was a possibility that CV may show up that night? Did she want to get back at him for something? Perhaps CV screwed around on her, and so she took RB up on his offer of weed and sex, to show CV that she could do same?

DW could easily have walked home from being with RB that night.. found CV waiting (or he arrived later on after her arrival at home).. got into a squabble with him, at which time the vase was knocked over.. she tells him she had casual sex with someone.. his anger gets the better of him and he kills her.. puts her body in his vehicle.. drives to the ravine.. drags her still-living body down to the creek (with her socks picking up burrs along the way).. puts her in some weird position, shoves her face in the water to make SURE she would die, if not by strangulation, then at least by drowning.. throws the shoes she had taken off her feet when she arrived home at her apartment after sex with RB, along with her panties that she had perhaps in her pocket or purse or hand, along with her wallet also, and leaves them by the bank.. he undoes all of her shirt buttons, ripping one off in the process, and unzips her jeans zipper halfway to make it appear that she was sexually assaulted.. perfect, since he already knew she had just had sex with some other guy.. perhaps he figured that not his own semen, but that of her unknown sex partner that evening, would be found in her panties???

Perhaps or like my first story, he gets there early to surprise her, sees the flowers, sees the joint in the ashtray, sees two water glasses, marches out knowing she's probably coming back from Malarkeys--unless he took her car, he was on a motorbike which is what I suggested he goes to Malarkeys, sees her leaving RB's vehicle, or RB did rape her near the ravine and she's running shoeless with no time to zip or button as she's freaked out. CV comes upon her so she gets double assaulted. He runs into her with his bike--thus the leg indentation. Strangles her in anger, drowns her and then ejaculate flies into the air landing on the panties )) ...:gaah: because he's sick and twisted.

 

[Claroon]

Just how many abusive guys were around that area at that time?!
Any reason to believe RB was friendly with any of the other guys?
Although this sort of thing only happens in movies, what if one guy, RB, was in fact watching, stalking DW with the intention of sexually abusing her himself, but instead becomes a witness to murder?
speculation.

AND just how many mustached men were there around? :tantrum:


If he witnessed, then with his life on the line why doesn't he fess up to what he might have seen?

If anyone needs some movie ideas, we sure have them

 

[deugirtni]

In regard to the indentation on the leg found during autopsy.... i think, imo, that what the pathologist is saying is that there was an indentation.. as in.. the body is dead, and blood is no longer flowing, and so there is nothing to perk and plump things back up; like say when your skin/body has something pressed against it/into it and there is evidence of that for a few minutes or whatever, until your skin perks/plumps up, whatever.. i don't know how to say that.. like say an elastic band around something and it leaves a mark when it's taken off, but then it goes back to normal.. but in a dead person's case, it would just stay like that.. I think the indentation was just left from whatever was pressed against DW's leg.

And same with the red marks or however they described them on her face(?), i think that could also just be caused by the process of decaying.. I don't think that meant that she was hit.. but I could be wrong. jmo

 

[Claroon]

RB may very well have been the ravine rapist if he stalked girls outside bars and took them into the ravine. I haven't seen much info on the ravine rapist.

If so deserved his time behind bars.

 

[deugirtni]

I have to admit that the more i hear so far, the more I feel that RB got a bum rap. i feel like... although the trial isn't over yet, so hopefully i am mistaken... way more investigation needed to happen for police to zero in on just one out of it seems many potential suspects. Did they actually very carefully check out the possibility of the one guy flying here from BC? Did they actually very carefully check out the alibi of CV? And BM? And whoever the other guy was? Why was this case left for 17 years, until DNA evidence came out? Shouldn't they have been able to do a lot more with what they already had, such as with the semen in her panties from her ex bf, or the threats from her ex ex bf?

 

[Claroon]

In regard to the indentation on the leg found during autopsy.... i think, imo, that what the pathologist is saying is that there was an indentation.. as in.. the body is dead, and blood is no longer flowing, and so there is nothing to perk and plump things back up; like say when your skin/body has something pressed against it/into it and there is evidence of that for a few minutes or whatever, until your skin perks/plumps up, whatever.. i don't know how to say that.. like say an elastic band around something and it leaves a mark when it's taken off, but then it goes back to normal.. but in a dead person's case, it would just stay like that.. I think the indentation was just left from whatever was pressed against DW's leg.

And same with the red marks or however they described them on her face(?), i think that could also just be caused by the process of decaying.. I don't think that meant that she was hit.. but I could be wrong. jmo

Well I'm speculating about compression from being run over. Heck the tire might have come off his bike! lol But that would be problematic.

From SC's Tweets

bbm

Seeing photo of Diane's legs at autopsy. Doctor says the indentations are likey from branches in the creek. #Badgerow

Indentation marks on front of Diane's legs. "A compression point." When lying face down in creek, something pressing against her legs.
‏

She did not have advanced decomposition. He knows that because when decomposition happens, rigor disappears.

...and position her body was kept in at the morgue. #Badgerow

Livor is the pooling of the blood in the body by gravity. She had both front and back livor because of position she was found in...

Her body was "refrigerated" in the cold creek water. Fernandes says she was likely dead for a few hours before she was found.

 

[Claroon]

I have to admit that the more i hear so far, the more I feel that RB got a bum rap. i feel like... although the trial isn't over yet, so hopefully i am mistaken... way more investigation needed to happen for police to zero in on just one out of it seems many potential suspects. Did they actually very carefully check out the possibility of the one guy flying here from BC? Did they actually very carefully check out the alibi of CV? And BM? And whoever the other guy was? Why was this case left for 17 years, until DNA evidence came out? Shouldn't they have been able to do a lot more with what they already had, such as with the semen in her panties from her ex bf, or the threats from her ex ex bf?

To disregard her friend's testimonies about her boyfriend CV is so sexist.

 

[Claroon]

There should be headline news "What the Jury won't hear http://www.canlii.org/en/on/onsc/doc...&resultIndex=1"

 

[Claroon]

I have to admit that the more i hear so far, the more I feel that RB got a bum rap. i feel like... although the trial isn't over yet, so hopefully i am mistaken... way more investigation needed to happen for police to zero in on just one out of it seems many potential suspects. Did they actually very carefully check out the possibility of the one guy flying here from BC? Did they actually very carefully check out the alibi of CV? And BM? And whoever the other guy was? Why was this case left for 17 years, until DNA evidence came out? Shouldn't they have been able to do a lot more with what they already had, such as with the semen in her panties from her ex bf, or the threats from her ex ex bf?

Correct me if I'm wrong, but was BM only put down as a suspect in 97 when Hrab took the case? Because the sex assaults he was found guilty of were mid-80s so they wouldn't have had him on the radar in '81.

Geesh, whatever happened to the days when "motive" was a factor as in who had the most likely motive? An angry boyfriend, I'd think. Unless it is someone else angry she was pregnant. Heck maybe the murderer was even a jealous girlfriend of RB?

 

[Claroon]

Is it assumed that that one hair with the grass seed attached to it had been originally found that way, still attached to DW's body? Or could it have also been found loose in her panties, or her jeans, or on her shirt, or on the tarp, or anywhere else, etc.? I guess nowadays there would be photographic and video evidence to show where it was found. I'm unsure whether it was one of a bunch that were clipped off of her body, or if it was a stray found somewhere else.

If it was a hair that was still attached to her body at autopsy, and there was a grass seed on it, one would have to assume, since the jeans were back on her, that the grass seed got there either by her being in grass, or by being in her jeans and then attaching to her when they were put back on. If it was a hair that had been found inside her panties, or in her shoe, or anywhere but on her body, the grass seed could have come after the fact.

It sounds like there may be somewhat of an issue in this case regarding integrity of evidence, perhaps it is because of the year and the way things were done at that time. ie where did the sample come from, how was that envelope sealed, who had access to it between the time the evidence was found/collected and the time it was examined under microscope and reported on, what were they touching before they accessed it, is it documented, etc.

Pubic hair & head hair is plucked from victim for "rape kit" and autopsy.

SC Tweet, (sorry don't have date handy)

 

[deugirtni]

Perhaps or like my first story, he gets there early to surprise her, sees the flowers, sees the joint in the ashtray, sees two water glasses, marches out knowing she's probably coming back from Malarkeys--unless he took her car, he was on a motorbike which is what I suggested he goes to Malarkeys, sees her leaving RB's vehicle, or RB did rape her near the ravine and she's running shoeless with no time to zip or button as she's freaked out. CV comes upon her so she gets double assaulted. He runs into her with his bike--thus the leg indentation. Strangles her in anger, drowns her and then ejaculate flies into the air landing on the panties )) ...:gaah: because he's sick and twisted.

The shoes is interesting because... if she were truly running away due to being fearful for her life, couldn't take the time to put on her shoes, has to run through that ravine, or even on the streets prior to that, I just can't see her bothering to keep her shoes *with* her, continuing to hang onto them. What a burden that would have been, really, on top of trying to run for her life and not to get her foot/feet punctured by some kind of spikey branch, or huge thistle, or small rock, etc., which would hurt her ability to continue running. Doesn't make sense.

And.. although we might know (do we for sure?) that CV had a motorcycle, do we know that that was his *only* vehicle that he had access to at the time?