Typhoo1961
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Possibly from the footpath that goes up the hill towards the buildings on Jerome.
GUILTY Canada - Diane Werendowicz, 23, raped & murdered, Hamilton, Ont, June 1981
- Thread starter redheart
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AZ AZ - Pima Co, WhtMale, 35-59, buried in concrete, May'99
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Possibly from the footpath that goes up the hill towards the buildings on Jerome.
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At 5'11'', the person/s dragging DW would have to be quite strong, imo.
Well they're really pointing a finger on Brian Miller today. He fits the MO. Maybe in his mind he didn't murder her because he didn't check to see if she was dead when he left ? IMO
I wonder if the purpose of this trial is to get them to say RB is not guilty and then reopen the case against BM?
Could be a case relied too heavily on the DNA.
Also, I thought it was creepy Bradshaw was in the car when he did the other rape. Maybe we should check out Brashaw's work history. Did he work at Dofasco? Could he have made the call?
I wonder if the purpose of this trial is to get them to say RB is not guilty and then reopen the case against BM?
Could be a case relied too heavily on the DNA.
Also, I thought it was creepy Bradshaw was in the car when he did the other rape. Maybe we should check out Brashaw's work history. Did he work at Dofasco? Could he have made the call?
Some say tomato some say tomaato. Creek or Crick may be not as important
In the comment section of this article, "Kate" refers to all of Stoney Creek as "Crick." https://www.thepublicrecord.ca/2015...alisms-east-west-north-south-upper-and-lower/
In the comment section of this article, "Kate" refers to all of Stoney Creek as "Crick." https://www.thepublicrecord.ca/2015...alisms-east-west-north-south-upper-and-lower/
I lived for quite a few years in Hamilton and very often would hear people refer to Stoney Creek as 'Crick'. I believe that point is meaningless as far as it pertains to this case. jmo.
It's the defence's turn today to start bringing forth evidence. Like Silverstein pointed out, if jurors think there is even a possibility that BM could have done this, they must acquit RB. ("If you believe Miller might -- "and I emphasize might" -- have killed Diane, then you must acquit Robert #Badgerow." - SC Tweet Oct 31, 2016)
Very interesting 'alternate suspect' on a lot of counts, a main one being that he often failed to ejaculate during his crimes.
So here we have a dead girl who has one guy's semen (and nobody else's) inside of her, another guy's semen (and nobody else's) in her panties, and another guy who later became known to have committed multiple brutal sex assaults on women, often without ejaculating; this fellow just happened to live 7 floors above the dead woman in the same apartment building, and was known to frequent the same bar, Malarkey's. He lied to police when he fessed up about all of his crimes, so him saying that he never killed anyone and that he didn't do an assault/rape/murder in Stoney Creek/Hamilton is meaningless. Interesting too, how the one attack he was convicted of, included a brutal attack similar to the one done to DR. And interesting again how some people ID'd BM's voice as being that of the 911 caller. Imho, it would be seriously difficult to NOT think that BM 'might' have been DW's killer.
I remember reading that originally when RB hired his first lawyer, he hired him because of his expertise in DNA. But as it turned out, that expertise was not put to use, it seems. It seems that finding and discovering the donor of semen is only a part of the issue. I read an article awhile ago saying there are huge banks of rape kits which are never tested for DNA, because knowing whose semen is found is only part of the issue - was it there due to rape or consensual sex is a bigger part. In RB's case, there is nothing to prove that it was something different than what RB has said it was, and nothing to prove it was rape. BM was only 18 at the time of DW's murder, and he had already been arrested for drinking in a bar parking lot in 1980. He easily could have been drinking out in the 'ravine' behind his building when DW came home. For all we know, she could have been the start of his years of brutal sexual attacks on women. I still keep thinking however, about CV, her panties with his semen in them when he hadn't seen her for dayyyys, the birthday, the going away for the weekend with friends, the spilled vase, the fact that he likely had a key to her apartment, the unspoken pregnancy, and etc., and I think it is horrible that RB was not allowed to bring that whole thing up in his defence. moo.
http://www.thespec.com/news-story/4834000-clairmont-badgerow-and-defence-team-split/
You just triggered an image. I found it odd that BM would commit crimes with a friend in his car waiting, or would go back to his friend and say "I got F'd," I couldn't believe he used the F word in the court. He sure wasn't about keeping secrets about his misdeeds he seemed to think was a lark.
So, that made me think, as you said, he and buddies were drinking in the ravine, she came along, in his boldness and drunken state, after his friends saw her and what she was wearing, he dragged her, raped and murdered her and the friend(s) saw it and/or he returned to the campfire and told them what he did.
Not unlilkely.
To be fair, I thought I'd past the Defence's Tweets. These are from SC. (excuse any editing blips) Read Bottom to Top:
Within an hour the alcohol from the final drink would likely be absorbed unless all the alcohol ingested quickly all at once...Break now.
Doctor cannot say what visible signs and symptoms this hypothetical person might exhibit after six beers. May not be any visible signs.
Age is not a big factor in adult drinkers until they are very old.
At 3 a.m. it would be 115 to 170.
At 12:30 projection is 165-195 mg alcohol. At 1 a.m. 155-190. etc...
Mayer says she would have between 175 and 200 mg alcohol/100 ml blood at midnight.
...A social drinker who consumes 6 beers between 9:30 pm. and 11:45 p.m.. What would her blood/alcohol level be at midnight?
Silverstein is putting a "hypothetical" to him. A woman, 132 lbs.
5 foot 9 inches, almost 24-years-old...
Doctor turned 19 in 1981. "It was a momentous moment in my life." Standard bottle of beer was 12 fl. oz.
Marijuana can also cause euphoria, feelings of well being, calmness, lack of coordination.
Heavy drinkers can have no effects showing
Doctor's cites one of his cases where person drove with over 500 mg alcohol in their blood.
As blood-alcohol gets higher, effects are stronger
Can ultimately shut down respiratory centre and cause death if level is in the mid-300s.
Euphoria, talkativeness, diminished inhibitions in a light to moderate drinker, Mayer says. Can also be loss of fine motor control, balance.
Now there are homicide protocols of certain tests that are to be done in all cases.
No tests done in 1981 for marijuana in Diane's blood or urine.
"At the point of death...you can't eliminate alcohol," he says.
"Heavy drinkers can have higher rates of elimination."
Low rates of elimination in people with liver disease. High rates of elimination for people who drink a lot. Their liver becomes good at it.
Most people fall in that range. "Lower rates of elimination are very, very unusual," Mayer says.
Alcohol is absorbed out of the blood and into the body and into urine. Elimination of alcohol is in a fixed range of 10-20 mg alcohol/hour.
Criminal Code of Canada says it is not legal to drive if blood-alcohol is in excess of 80 mg of alcohol in 100 ml of blood. Diane's was 117.
This time he has been called by defence.
Summer 2009 Mayer first received file for this case & began to review it. Was asked to do so by Crown. Twice testified on behalf of Crown.
Blood had 117 mg of alcohol in 100 ml of blood.
Blood is packed with fluoride to prohibit bacterial growth. Alcohol analysis was common in 1981, specific drug tests had to be requested.
June 23, 1981 the samples for toxicology arrived at CFS from Diane's murder. A blood and a urine sample.
Like most CFS experts, Mayer is comfortable on the stand, turning to speak directly to the jurors.
Toxicology is the adverse or harmful effects of drugs, poisons and alcohol.
Doctor has been qualified as an expert witness in court "at least 500 times."
Court is now going through the doctor's CV to establish he is an expert. He's been a toxicologist for over 30 years.
He is a toxicologist at Centre of Forensic Sciences in Toronto. Defence wants him qualified as an expert. #badgerow
Next witness is Dr. Daryl Mayers.
Witness is done on the stand.
It would take 15 minutes to get from his house to Fiesta Mall...Gallagher doesn't remember ever punching out for #Badgerow.
Gallagher lived on Crosswaithe Street. When he worked until 11 p.m., he would be home by 11:20 p.m.
Gallagher, like all the other Dofasco mill workers who have testified, says he always showered before he left work.
They played baseball in 1981. Never went to Malarkey's with #Badgerow.
Gzik asks Gallagher when he played sports with Badgerow. Gallagher says broomball in the winter of 1981 for five months.
Gallagher is now hearing voice of Robert Badgerow speaking at his wedding in 1982. Gallagher is unable to identify his voice. Gallagher agrees with Crown that
#Badgerow was closer to Eugene Kelly than to him...Kelly testified the 911 voice was Badgerow.
Badgerow did not work at Dofasco after his arrest, so Gallagher's recollection is wrong.
To strap steel, Gallagher had to use both arms...Gzik is getting at his lapse in memory around Badgerow's work dates. Gallagher is agitated.
Defence is done exam-in-chief of Gallagher. Now Crown Gzik up for cross. Gallagher started Aug. 15, 1979 at Dofasco.
May 2, 2000 he gave statement to police about the phone call.
Gallagher says voice "doesn't even come close" to that of Badgerow. He says he does not recognize the voice in the call.
Jury is hearing the call yet again. They likely have it memorized by now. #Badgerow
After a game, "we usually found a wing place to go to," says Gallagher. He says he has heard the anonymous 911 call connected to this case.
Played baseball, basketball and broomball together.
Went on to work with #Badgerow at No. 2 Hotmill. Gallagher says he worked with him from 1980 until 2002. But Badgerow arrested in 1998.
Gallagher would often call Badgerow on the Dofasco internal phones as part of their duties. They would also "kibitz" and talk about sports.
Gallagher calls #Badgerow "Bob." Others have called him Rob or Badge.
Started strapping with #Badgerow in 1980.
If a worker left shift early, he would hand his card to a buddy to get him to punch out for him, Gallagher says. He worked with #Badgerow.
He spent four years in No. 1 Hotmill, he says.
MoreThe jury has heard #Badgerow was a strapper in 1981 at No. 1 Hotmill.
Aug. 11, 1958 is his date of birth. He is retired from Dofasco. Started there in 1979 in the yard, then No. 1 hotmill as a strapper.
Gallagher is wearing his @ArcelorMittal jacket as he swears on the bible. #Badgerow
First witness today is Dennis Gallagher for the defence. #Badgerow
I'm back in Kitchener at the Robert #Badgerow murder trial. Jury is being brought in. #hamont
Court being shown photo of Diane. She lived 7 floors above him. Miller says he recognizes her "Only from the media."
She was asked if Badgerow says "crick" or "creek." She did not know....Jury is excused for the day.
Kovasik said she didn't believe #Badgerow was hiding anything, even though he admitted to an affair.Reply
Kovasik said "I don't believe it is" Badgerow's voice on the 911 call.
Randy went on to become a @HamiltonPolice homicide detective, jury has heard.
She knew #Badgerow for many years. Before he began dating her daughter Cheryl he played baseball with her son, Randy.Now read-in of Lillian Kovasik. She was
the mother of Badgerow's second wife.
Murray Hunt couldn't remember if they discussed murder in 1981 with #Badgerow at the dinner table...Hunt read-in is done.
Murray Hunt said 911 caller was not #Badgerow.
Do you remember the voice of Robert Badgerow?
"I should, I answered the phone enough times," Murray Hunt said.As far as Hunt knew, there was no violence between Rob and Tammy...Now a read-in of Tammy's
dad Murray Hunt.Hunt was re-examined.
She knew #Badgerow for 8 or 10 years before his marriage to her daughter ended.Hunt said #Badgerow worked at Dofasco.
He would stay at their home sometimes. She remembered his green 2-door Monte Carlo. And a blue car.
Hunt testified that Tammy and Badgerow were committed to each other before the marriage.
She did not know #Badgerow was cheating.
Badgerow might even have been at their dinner table in 1981 when they discussed the murder.Reply
Hunt said she would have known about the nearby murder of Diane Werendowicz. Hunt's daughters, including Tammy, were living at home still.
Hunt did not know where Badgerow was on night of June 19, 1981.Hunt heard the tape for the first time by calling the hotline number.Hunt insisted, even under cross, that it was not Badgerow's voice.
Hunt listened to the 911 tape in court. She said it was not Badgerow's voice.
Badgerow's boys played soccer with Hunt's grandson...She talked to him.
Tammy was born in 1959. She began dating Rob in high school. He came to the house a lot.Reply
They were married in April 1982. No children.
She is the mother of Tammy Hunt, #Badgerow's first wife.Silverstein is now going to read in March 2001 testimony of Beverly Hunt, who is now deceased.
Jury is returning from break. It's been an intense day for them.
Miller is done on the stand.Miller says he never travelled from Stelco to Dofasco Gate 6 to make a phone cal
l...Jury is taking a break.
Was Miller telling the truth when he told detectives he didn't rape or murder Diane? "Absolutely."
Miller was in Warkworth Penitentiary when detectives visited. Miller said he "saw something on the news" about Werendowicz's murder in 1981.
Gzik: Could you ejaculate in 1981? Miller: Yes.
Miller's sex assaults were mostly in elevators or underground parking garages.
For most serious incident he got 54 months.Miller took friend's motorcycle out for a spin.
Stalled it in front of a cop.
Lied to cop about his name.Gzik corrects name of Appleton (from defence exam in chief) to Ackerton.
Father was a police officer.Bradshaw visited Miller while Miller was in jail awaiting trial.
Jury is seeing a map of Hamilton that shows where Miller worked at Stelco.
Did you rape Ms. Werendowicz? "Absolutely not." Did you kill her? "Absolutely not." Police spent 4 months investigating him and cleared him....of his voice in the
1980s.
He brought photos to court last time he says because of "hair."
He wanted the jury to see his hair then. He also brought an audio tape..."Let me know if you want me to make 'eyes at you.' -- Brian."
His inscription in Hermer's yearbook.Again, seeing Miller's high school yearbook photo from Saltfleet, 1980.
Identifies classmates Lori Hermer and Beth Farley, whom he dated.Jury is coming back into the courtroom. Brian Miller is returning to the witness stand.
#Badgerow #hamont
Silverstein asks for jury to be excused. #Badgerow #hamontJury seeing a photo of Miller made an exhibit by Silverstein...
Gzik asking about girlfriend Beth Farley...
Seeing photo of Miller driving a car to Alberta in summer of 1981.
Subpoenaed by defence at last trial. Miller brought photos with him. Stelco on strike in August 1981
Went to Belmore for grades 7 and 8. Miller was born in 1962. He and #Badgerow were not at Belmore at the same time.
He was a teen in 1981. Offences he pleaded to began in 1986.
He and #Badgerow both went to Belmore elementary school.It was just allowing me...I don't know what was really going through my mind...
I felt like it was ok somehow. I know that's not the case...you'll have to excuse me, this is really hard...
Miller: "As weird or as, how do I put this, in my state of mind back in that day...
Gzik: Does lack of resistance equal consent?
...10 to 15 minutes." Miller says he ejaculated.
She was very non-resistant so the removal of the clothing, laying her on the ground, having intercourse with her, talking to her...
"I started off by following her into the building...There was touching in the elevator...
Defence is done with Miller. Now Crown Gzik asking how long assault on elevator in #Hamont lasted.
Miller and Bradshaw were good friends and lived together briefly. Socialized together.
"You know, he's your witness sir. You are stuck with his answers," the judge tells Silverstein. This is all happening in front of the jury.
"I know you're having a difficult time. The witnesses isn't, obviously, fully cooperative with you," Justice Flynn says to Silverstein.
Judge is reminding Silverstein that this is exam in chief and not cross. And to ask questions accordingly.
Silverstein asks how many sexual assaults he pleaded to involved intercourse. "A few," says Miller.
Miller says he's heard the tape. Can't remember if they played it for him in prison. "Let's assume they did," Miller says.
"I didn't commit any offences in Stoney Creek or the Hamilton area," says his recorded conversation with detectives at prison.
"This woman invited me up to her place," he says. "It was reported much differently than I can recall...So there you go."
In March 1998, Miller told @HamiltonPolice detectives who visited him in prison that he had never committed offences in #hamont. He lied.
Jury is back and Brian Miller is still on the stand at the Robert #Badgerow murder trial.
I am the only journalist Brian Miller has ever done an interview with. #Badgerow #hamont
It's on the record he told them he did not commit any offences in #hamont...Jury sent for lunch.
asked if he told detectives who visited him if he had committed any crimes in #hamont. Miller says he can't recall.
"I never murdered Diane Werendowicz. That's not my voice on the 911 call," says Brian Miller. #Badgerow #hamont
In 1998 he was visited at prison by Det. Steve Hrab and another officer. Asked if he killed Diane.
Miller tells Silverstein if he wants to share the document with the court, go ahead...Miller was sent back to penitentiary.
"I don't recall what tapes you're talking about at the moment. I've not seen that paper before," says Miller of Silverstein's document.
Miller says "it's vague to me."
She was wearing a "purple bikini top and black shorts" according to police report. Police searched Miller's vehicle and found 3 tapes.
She was wearing shorts and a T-shirt, Miller says. "It was a long time ago."
Miller was paroled in 1996. He had parole revoked after he took video of a woman. "That's what they saw me do."
Interviewed by @HRPSBurl also. One of those incidents may have involved throwing blanket over victim's head.
Miller says there were other attacks he was never charged with. He can't recall how many. "But no murder."
Pleaded in 1989 in Peel to 13 offences. Then pleaded to #hamont offence in 1999. "But I did not commit a murder," says Miller.
"Cover their mouth with my hand and...pin them down," Miller says, referring back to his earlier trial testimony.
Controlled them "usually by covering their mouth with my hand," Miller says.
Miller says he could have followed them on foot or by car. "It could have been either."
"It wasn't that they were specifically targeted...They were in the wrong place at the wrong time," says Miller of his sex assault victims.
"You're being very vague about it," says Miller.
Silverstein: "Were these crimes of opportunity?" Miller: "Define opportunity."
Asked if he attacked a young woman on a walkway under a highway. He says yes. Miller says the attacks were "very random."
"I got ****ed in an elevator," were Miller's exact words. He says he wasn't aware he had ejaculated until he heard court evidence.
"As memory serves me I think I said 'I got ****ed,'" or something like that, Miller says. #hamont
His friend Tim Bradshaw was waiting in the car while all this happened, says Miller.
on her. Tried intercourse again...Miller pleaded guilty and admitted those facts.
...and parking garage. He held her by the hair and shoulder. He tripped her and pulled his pants down. Tried intercourse, performed oral sex
...she walked through Westdale. Got groceries. Saw brown car at King and Macklin with 2 men inside. One got out, assaulted her in elevator
Aug. 5, 1986, JA, 24 was visiting her boyfriend in #hamont. He was a grad student at McMaster. He lived on Glenn Road. Just before noon...
aug. 5, 1986 he committed an offence in #hamont, but didn't plead guilty until years later.
"I think it happened after a night of drinking," Miller says of his attacks.
Miller sentenced to 11.5 years. He saw psychiatrists.
...he was a nice looking man, why was he doing this. He said because he was "sick." He pulled his pants up and left.
...to remote area. Lay her down, removed skirt. REmoved his track pants and began to masterbate. Put her hand on his penis. She said...
DEc. 29, 1986, 5:15 p.m. ST parked her vehicle in underground parking garage. Grabbed from behind by man. He picked her up and carried her..
"I was out cruising around looking for women, probably," he testified earlier. #Badgerow
Miller agrees he pleaded guilty and admitted the facts. Asked why he was in Toronto that day?
"I won't hurt you. Just let me touch you." Pulled her nylons down. She screamed. He ran.
Dec. 19, 1986, 10:15 a.m. MP left apartment and was on way down in elevator. Man with her. In basement, she went to her car.
At 2010 trial Miller was asked about both those offences. Testified there was no ejaculation in either attack. #Badgerow #hamont
Miller doesn't recall if he ejaculated in connection with that offence.
She managed to shout out "Someone's coming." Man ran to look, then came back and continued fondling her. Miller pleaded guilty.
Man grabbed her from behind, hand over her mouth. Ran hands up under shirt. "I'm not going to hurt you. I just want to touch you."
Nov. 12, 1986, 5:35 p.m. YJ, 33, drove vehicle into underground garage on Albion Road, Toronto. Got out, someone ran, burst through door...
"I came up from behind her," he says. "That fact is correct."
Silverstein asks if he ejaculated during that offence? "No," says Miller. He doesn't recall how he found that woman.
Miller on his lawyer from that time: "He was advising me. I had no idea what I was walking into."
"I disputed those facts but I didn't want to put those people through any more suffering by having them testify
She received perforated ear drum, head injuries. "I plead guilty," he says.
He pulled off her tights. He pulled off her left breast prosthesis. She had breast cancer. He puts his hands inside her.
...she fell to ground. He tried to pull top off. Pushed her onto her back, violently banged her head on garage floor. Losing consciousness..
Sept. 23, 1987, MM, 32, returned to home at Islington ave. at 2 a.m. Parked in underground garage, got out. Man put hand over her face...
Pleaded guilty to aggravated sexual assault against woman known as M.M.
"I didn't recognize having that addiction until things began," says Miller. Says he had called hotlines before. Pleaded to Justice Langdon.
Miller said in earlier trial that he didn't recall saying he fondled boys, but he may have fondled girls.
Judge allows transcript from earlier trial to be allowed in where Miller talks about MacDonald.
Gzik objects and says if Silverstein wants to put in Dr. MacDonald's report, the doctor needs to be called as a witness.
"I believe there was a component of sexual addiction later in life," Miller says.
Fall of 1988 he told Dr. MacDonald that even in school he fondled young boys & girls who were his schoolmates. Miller discounts it.
Many counts of sexual assault, break and enter, aggravated sexual assault and assault.July 15, 1988 arrested by @PeelPoliceMedia and charged with multiple
offences. Feb. 2, 1999 he pleaded guilty to several of those.
Jury seeing a document on courtroom screens. It is Miller's criminal record. It is long.
Robert #Badgerow has a couple of supporters in the courtroom today. Two men who I do not recognize.
He moved out of Jerome Cresent by 1982. Moved to Oxford Street with Tim Bradshaw...Miller's lawyer is seated in court, leaning far forward.
"We were smoking a joint in the car and we had a couple of little ends left called roaches...It wasn't a bucket of cocaine or anything."
Court now seeing police photo of Miller from November 1981. Hair was shorter than his grad photo.
Summer of 1981, Stelco went on strike. He and friend went out west.
Miller shown transcript from 2011 #Badgerow trial. Now he remembers. "I think I was out west and had a fail to appear on that."
Asked if he was charged with a criminal offence in August 1981. "I don't recall," Miller says. Silverstein suggests it was drug possession.
Miller had a car then. He has no recollection of June 19 or 22, 1981. "Can't say that I do," he says.
Miller worked in the "20 inch mill" on June 19, 1981. Also worked there on June 22, 1981.
Court being shown photo of Diane. She lived 7 floors above him. Miller says he recognizes her "Only from the media."
Graduated 1980 from Saltfleet, according to Stelco form...70 Jerome is Diane's apartment building.Jury seeing a Stelco document about Miller.
Gives his height as five foot eleven, 155 lbs. Address as 212, 70 Jerome Cres.
Apt. 212 in June 1981. Miller worked for Stelco that summer in a rolling mill. "I worked on jobs that were half-hour on, half-hour off."
During high school, Miller he lived in Binbrook "for the most part." In 1980, after parents separated, moved into 70 Jerome Cres. with dad.
I think he said he left, not laughed. He's sometimes difficult to hear.
Cop made comment about her "basically giving me head and that's where that conversation ended."
Once with Beth, stopped by police while driving. "The officer made a rude comment to me and subsequently I laughed."
Miller says he doesn't remember. Shown photo of him and asked if Beth took it. He doesn't remember.
Miller asked about high school girlfriend Beth Farley. Dated her "briefly." Asked if he ever showed up at her workplace after high school.
Asked about The Alpine bar, but he doesn't remember it. #badgerow
He went there sometimes too.
He recalls Malarkey's. Went there "on occasion." He was underage. Asked about bar called Day and Night. He says it was at Queenston & Lake.
Caught drinking at the mall parking lot in November 1980. "I recall little about that," he says.
Miller had to ask what charge Silverstein was referring to...Jury already knows Miller has a violent, long criminal history.
...whose dad was a police officer. Charged by his father for drinking under age in a car at Fiesta Mall.
He believes he graduated from Saltfleet in 1980. Says photo may have been taken a year before that...Asked if he had friend "Appleton"...
Crown intervenes to ask that Miller be allowed to speak without interruption...Clear already Miller is hostile.
Miller said he did not bring his trial transcripts with him...Miller is curt with Silverstein.
Jury now seeing the photo of Miller in his grad gown. Dark hair...Miller's responses are terse. #Badgerow
Silverstein is showing him his grad photo from Saltfleet yearbook.
Sept. 22, 1962, DOB. Born and raised in #hamont. Binbrook, specifically. Went to Saltfleet High School. Graduated in '79 or '80.He has testified at #Badgerow's
earlier trials.
Miller is wearing blue jeans, a light collared shirt. He has short dark hair and wears dark rimmed glasses. In his 50s.
Brian Miller, the alternate suspect in Diane's murder, is called by defence lawyer Russell Silverstein. #Badgerow #hamont
Jury is being brought back at the Robert #Badgerow jury trial. Jury being sent for its morning break. #Badgerow
Witness is finished.
He also doesn't know if #Badgerow always arrived at the same time.
Grant asks if he remembers exactly what time #Badgerow would arrive at their house after an afternoon shift at Dofasco? He says no.
Crown has no further questions. Defence lawyer Ingrid Grant was to re-examine. #Badgerow
Hunt was 17 when his sister married.
He does not remember #Badgerow driving a Mercury Cougar...He has not discussed his evidence with his sister.
Scene of Diane's murder was 5 minutes from Hunt home. Hunt remembers hearing about it on radio. "A girl in the creek who had been murdered."
In his speech, #Badgerow says "and, uh" a few times. Similar to what is said in the 911 call.
Wedding day was 11 months after Diane's murder. #Badgerow keeps looking over to Tammy who appears to be dabbing tears from her eyes.
MoreJury sees video of #Badgerow at wedding on April 17, 1982 thanking his guests. He's wearing a light coloured suit, bow tie. Toasts bride.
Hunt was at his sister's wedding to #Badgerow in 1982.
After divorce, Hunt saw #Badgerow at family court in #hamont, and again when he needed to see his tenant for a social worker matter.
Gzik suggests it was a 3 year marriage between Tammy and #Badgerow. Hunt says that may be right. Doesn't know why they split up.
He was a busboy and dishwasher there. #Badgerow never drove him to work.
The bar was not Malarkey's. It was on King Street in Stoney Creek, near the dairy. Hunt worked at Malarkey's in 1983.
Hunt admits he drank under age (16-18) at a small bar in Stoney Creek with his hockey team. #Badgerow would join him sometimes.
Hunt's family lived on Gateshead, near Fiesta Mall. If #Badgerow worked until 11 p.m., he'd get to their home at about 11:45 p.m.
Hunt's dad got @TheSpec every day in 1981. Hunt was 12 and did not read it. #Badgerow
The apartments on Jerome Crescent were 50, 60 and 70. Diane lived in 70.
Hunt says his sister and #Badgerow lived on Jerome Cresent just after they got married. "The middle one, so I think the middle one was 60."
Court seeing a photo of a "greenish" Monte Carlo in June 1981 that #Badgerow may have driven after the Beaumont.
And another look at the wrestling team photo. #Badgerow
Here's the Orchard Park yearbook with Robert #Badgerow's photos.
This is the photo of Robert #Badgerow with the Orchard Park wrestling team.
Now wrestling team photo. Wearing a white collared shirt with sweater over top.
Jury is seeing a photo of Orchard Park football team. #Badgerow is #42 in front row. He has a moustache.
Now seeing #Badgerow in 76-77 Orchard Park yearbook. Hunt describes him with "black" hair, shoulder-length, parted in the middle.
Crown suggesting November 1980 was when Tammy and #Badgerow got engaged. Hunt says that sounds right.
Tammy's dream, the yearbook says, was to marry "Pudgy Man."
Jury is seeing Orchard Park yearbook from 1977-78. See a photo of Tammy Hunt. "Can be found walking the halls with muscle man RB."
Knew #Badgerow played on Orchard Park school football team, also played baseball and rugby.
Hunt is five foot nine. Says #Badgerow is about the same height. Tammy is five foot six. He and his sister went to different high schools.
Now Crown Cheryl Gzik is doing cross-exam. Hunt says he was provided with transcript from last trial. Has seen the 2001 transcript also.
Hunt has testified at #Badgerow's previous trials. Heard it at trial in 2001 and a few weeks ago on TV.
Hunt says it is not Badgerow's voice. "When I close my eyes and listen to it and try to think back, it's not the voice I remember."
Call can be heard now. Jury has heard it many times already. "I got information on how that girl was killed at Barton and Lake..." #Badgerow
Having trouble getting audio to work. "There's a course that's not available in law school," jokes Justice Patrick Flynn. Jury laughs.
This is lawyer Ingrid Grant doing Hunt's examination in chief. #Badgerow #hamont Defence is cuing up the 911 call...
During the marriage, #Badgerow had Sunday dinners with Tammy's family often.
Once, when Hunt was a social worker with @cityofhamilton, he had to see a tenant at the #Badgerow home.
Tammy and #Badgerow separated a year after the were married, Hunt says. He had contact with #Badgerow a couple of times since then.
...worked on other cars. Were about 6 cars on the property. #Badgerow and Tammy did not have children.
He has talked with #Badgerow on the phone. Went to his house in Binbrook. Remembers he drove a blue Beaumont. Badgerow's brother Clint...
Robert Hunt was about 12 then. Spent time with #Badgerow.
#Badgerow and Tammy were both at Orchard Park high school when they started dating.
Older sister is Tammy Hunt. She is 5 years older and married #Badgerow in 1982. They dated for five years before that.
Oct. 20, 1964 is his date of birth. He is married with two teenage daughters. He is director of sales with UPS Canada.
Robert Alvin Hunt is sworn in. #Badgerow
Silverstein is done his opening. Very concise and simply put...Calling first witness Robert Hunt. #Badgerow #hamont
There will inevitably be "some holes" in Badgerow's testimony due to passage of time, says Silverstein.
"You'll hear from Robert #Badgerow and he'll tell you he didn't rape Diane Werendowicz and he didn't killer Diane Werendowicz." Badgerow has dark hair.
"Even if the 911 call came from the phone booth" Gate 6 security guard saw a "blond man" at the booth around the time of the call.
One of the things the jury will have to consider is did the 911 call indeed come from the Dofasco phone booth, says Silverstein. An expert will tell jury that
strangulation murders are often linked to sexual motivation.
Miller is 5 foot 11 inches, two inches taller than Diane, which fits the witnesses' description.
Jury will hear testimony (read in) from Jane Book who lived on Lake Avenue and heard a commotion outside her window that night.
And the timeline suggests she had sex with #Badgerow in his car before she began walking home.
Women who were with Diane on her last night testified earlier that she drank 5 to 6 beers. Toxicologist will say it may have been more.
Jury will hear from a toxicologist who examined Diane's blood. Her blood-alcohol level was 117/100, higher than the legal driving limit.
If you believe Miller might -- "and I emphasize might" -- have killed Diane, then you must acquit Robert #Badgerow.
Miller confessed to another sexual assault after he swore police knew about all of them.
A former close friend of Miller's, Tim Bradshaw, will also say the 911 call was made by Miller. 1
Miller has his own lawyer in the courtroom. #Badgerow #hamont 1
A former Miller girlfriend identified him as the voice in the 911 call, Silverstein's says.
"You will hear the grizzly details of his crimes," says Silverstein leaning on the lectern toward the jury.
"Brian Miller was, in the 1980s, a sex-addicted, violent, serial sex offender," says Silverstein. He often didn't leave his semen behind.
Miller lived in Diane's apartment building and frequented Malarkey's.
Brian Miller was the prime suspect in this murder. His face quivered and turned red when police played him the 911 tape.
They smoked a joint in the back of his car and had sex, but she was alive when she left him.
"Robert Badgerow did indeed have sex with Diane WErendowicz before he was killed, but that sex was consensual."
"After parading around for a couple of weeks now, I have the privilege of speaking to you directly today," says Silverstein.
Russell Silverstein is heading to a podium in front of the jury box to open the defence case. Puts his glasses on.
Jury is being called into the Robert #Badgerow murder trial. Defence will open its case. #hamont
Within an hour the alcohol from the final drink would likely be absorbed unless all the alcohol ingested quickly all at once...Break now.
Doctor cannot say what visible signs and symptoms this hypothetical person might exhibit after six beers. May not be any visible signs.
Age is not a big factor in adult drinkers until they are very old.
At 3 a.m. it would be 115 to 170.
At 12:30 projection is 165-195 mg alcohol. At 1 a.m. 155-190. etc...
Mayer says she would have between 175 and 200 mg alcohol/100 ml blood at midnight.
...A social drinker who consumes 6 beers between 9:30 pm. and 11:45 p.m.. What would her blood/alcohol level be at midnight?
Silverstein is putting a "hypothetical" to him. A woman, 132 lbs.
5 foot 9 inches, almost 24-years-old...
Doctor turned 19 in 1981. "It was a momentous moment in my life." Standard bottle of beer was 12 fl. oz.
Marijuana can also cause euphoria, feelings of well being, calmness, lack of coordination.
Heavy drinkers can have no effects showing
Doctor's cites one of his cases where person drove with over 500 mg alcohol in their blood.
As blood-alcohol gets higher, effects are stronger
Can ultimately shut down respiratory centre and cause death if level is in the mid-300s.
Euphoria, talkativeness, diminished inhibitions in a light to moderate drinker, Mayer says. Can also be loss of fine motor control, balance.
Now there are homicide protocols of certain tests that are to be done in all cases.
No tests done in 1981 for marijuana in Diane's blood or urine.
"At the point of death...you can't eliminate alcohol," he says.
"Heavy drinkers can have higher rates of elimination."
Low rates of elimination in people with liver disease. High rates of elimination for people who drink a lot. Their liver becomes good at it.
Most people fall in that range. "Lower rates of elimination are very, very unusual," Mayer says.
Alcohol is absorbed out of the blood and into the body and into urine. Elimination of alcohol is in a fixed range of 10-20 mg alcohol/hour.
Criminal Code of Canada says it is not legal to drive if blood-alcohol is in excess of 80 mg of alcohol in 100 ml of blood. Diane's was 117.
This time he has been called by defence.
Summer 2009 Mayer first received file for this case & began to review it. Was asked to do so by Crown. Twice testified on behalf of Crown.
Blood had 117 mg of alcohol in 100 ml of blood.
Blood is packed with fluoride to prohibit bacterial growth. Alcohol analysis was common in 1981, specific drug tests had to be requested.
June 23, 1981 the samples for toxicology arrived at CFS from Diane's murder. A blood and a urine sample.
Like most CFS experts, Mayer is comfortable on the stand, turning to speak directly to the jurors.
Toxicology is the adverse or harmful effects of drugs, poisons and alcohol.
Doctor has been qualified as an expert witness in court "at least 500 times."
Court is now going through the doctor's CV to establish he is an expert. He's been a toxicologist for over 30 years.
He is a toxicologist at Centre of Forensic Sciences in Toronto. Defence wants him qualified as an expert. #badgerow
Next witness is Dr. Daryl Mayers.
Witness is done on the stand.
It would take 15 minutes to get from his house to Fiesta Mall...Gallagher doesn't remember ever punching out for #Badgerow.
Gallagher lived on Crosswaithe Street. When he worked until 11 p.m., he would be home by 11:20 p.m.
Gallagher, like all the other Dofasco mill workers who have testified, says he always showered before he left work.
They played baseball in 1981. Never went to Malarkey's with #Badgerow.
Gzik asks Gallagher when he played sports with Badgerow. Gallagher says broomball in the winter of 1981 for five months.
Gallagher is now hearing voice of Robert Badgerow speaking at his wedding in 1982. Gallagher is unable to identify his voice. Gallagher agrees with Crown that
#Badgerow was closer to Eugene Kelly than to him...Kelly testified the 911 voice was Badgerow.
Badgerow did not work at Dofasco after his arrest, so Gallagher's recollection is wrong.
To strap steel, Gallagher had to use both arms...Gzik is getting at his lapse in memory around Badgerow's work dates. Gallagher is agitated.
Defence is done exam-in-chief of Gallagher. Now Crown Gzik up for cross. Gallagher started Aug. 15, 1979 at Dofasco.
May 2, 2000 he gave statement to police about the phone call.
Gallagher says voice "doesn't even come close" to that of Badgerow. He says he does not recognize the voice in the call.
Jury is hearing the call yet again. They likely have it memorized by now. #Badgerow
After a game, "we usually found a wing place to go to," says Gallagher. He says he has heard the anonymous 911 call connected to this case.
Played baseball, basketball and broomball together.
Went on to work with #Badgerow at No. 2 Hotmill. Gallagher says he worked with him from 1980 until 2002. But Badgerow arrested in 1998.
Gallagher would often call Badgerow on the Dofasco internal phones as part of their duties. They would also "kibitz" and talk about sports.
Gallagher calls #Badgerow "Bob." Others have called him Rob or Badge.
Started strapping with #Badgerow in 1980.
If a worker left shift early, he would hand his card to a buddy to get him to punch out for him, Gallagher says. He worked with #Badgerow.
He spent four years in No. 1 Hotmill, he says.
MoreThe jury has heard #Badgerow was a strapper in 1981 at No. 1 Hotmill.
Aug. 11, 1958 is his date of birth. He is retired from Dofasco. Started there in 1979 in the yard, then No. 1 hotmill as a strapper.
Gallagher is wearing his @ArcelorMittal jacket as he swears on the bible. #Badgerow
First witness today is Dennis Gallagher for the defence. #Badgerow
I'm back in Kitchener at the Robert #Badgerow murder trial. Jury is being brought in. #hamont
Court being shown photo of Diane. She lived 7 floors above him. Miller says he recognizes her "Only from the media."
She was asked if Badgerow says "crick" or "creek." She did not know....Jury is excused for the day.
Kovasik said she didn't believe #Badgerow was hiding anything, even though he admitted to an affair.Reply
Kovasik said "I don't believe it is" Badgerow's voice on the 911 call.
Randy went on to become a @HamiltonPolice homicide detective, jury has heard.
She knew #Badgerow for many years. Before he began dating her daughter Cheryl he played baseball with her son, Randy.Now read-in of Lillian Kovasik. She was
the mother of Badgerow's second wife.
Murray Hunt couldn't remember if they discussed murder in 1981 with #Badgerow at the dinner table...Hunt read-in is done.
Murray Hunt said 911 caller was not #Badgerow.
Do you remember the voice of Robert Badgerow?
"I should, I answered the phone enough times," Murray Hunt said.As far as Hunt knew, there was no violence between Rob and Tammy...Now a read-in of Tammy's
dad Murray Hunt.Hunt was re-examined.
She knew #Badgerow for 8 or 10 years before his marriage to her daughter ended.Hunt said #Badgerow worked at Dofasco.
He would stay at their home sometimes. She remembered his green 2-door Monte Carlo. And a blue car.
Hunt testified that Tammy and Badgerow were committed to each other before the marriage.
She did not know #Badgerow was cheating.
Badgerow might even have been at their dinner table in 1981 when they discussed the murder.Reply
Hunt said she would have known about the nearby murder of Diane Werendowicz. Hunt's daughters, including Tammy, were living at home still.
Hunt did not know where Badgerow was on night of June 19, 1981.Hunt heard the tape for the first time by calling the hotline number.Hunt insisted, even under cross, that it was not Badgerow's voice.
Hunt listened to the 911 tape in court. She said it was not Badgerow's voice.
Badgerow's boys played soccer with Hunt's grandson...She talked to him.
Tammy was born in 1959. She began dating Rob in high school. He came to the house a lot.Reply
They were married in April 1982. No children.
She is the mother of Tammy Hunt, #Badgerow's first wife.Silverstein is now going to read in March 2001 testimony of Beverly Hunt, who is now deceased.
Jury is returning from break. It's been an intense day for them.
Miller is done on the stand.Miller says he never travelled from Stelco to Dofasco Gate 6 to make a phone cal
l...Jury is taking a break.
Was Miller telling the truth when he told detectives he didn't rape or murder Diane? "Absolutely."
Miller was in Warkworth Penitentiary when detectives visited. Miller said he "saw something on the news" about Werendowicz's murder in 1981.
Gzik: Could you ejaculate in 1981? Miller: Yes.
Miller's sex assaults were mostly in elevators or underground parking garages.
For most serious incident he got 54 months.Miller took friend's motorcycle out for a spin.
Stalled it in front of a cop.
Lied to cop about his name.Gzik corrects name of Appleton (from defence exam in chief) to Ackerton.
Father was a police officer.Bradshaw visited Miller while Miller was in jail awaiting trial.
Jury is seeing a map of Hamilton that shows where Miller worked at Stelco.
Did you rape Ms. Werendowicz? "Absolutely not." Did you kill her? "Absolutely not." Police spent 4 months investigating him and cleared him....of his voice in the
1980s.
He brought photos to court last time he says because of "hair."
He wanted the jury to see his hair then. He also brought an audio tape..."Let me know if you want me to make 'eyes at you.' -- Brian."
His inscription in Hermer's yearbook.Again, seeing Miller's high school yearbook photo from Saltfleet, 1980.
Identifies classmates Lori Hermer and Beth Farley, whom he dated.Jury is coming back into the courtroom. Brian Miller is returning to the witness stand.
#Badgerow #hamont
Silverstein asks for jury to be excused. #Badgerow #hamontJury seeing a photo of Miller made an exhibit by Silverstein...
Gzik asking about girlfriend Beth Farley...
Seeing photo of Miller driving a car to Alberta in summer of 1981.
Subpoenaed by defence at last trial. Miller brought photos with him. Stelco on strike in August 1981
Went to Belmore for grades 7 and 8. Miller was born in 1962. He and #Badgerow were not at Belmore at the same time.
He was a teen in 1981. Offences he pleaded to began in 1986.
He and #Badgerow both went to Belmore elementary school.It was just allowing me...I don't know what was really going through my mind...
I felt like it was ok somehow. I know that's not the case...you'll have to excuse me, this is really hard...
Miller: "As weird or as, how do I put this, in my state of mind back in that day...
Gzik: Does lack of resistance equal consent?
...10 to 15 minutes." Miller says he ejaculated.
She was very non-resistant so the removal of the clothing, laying her on the ground, having intercourse with her, talking to her...
"I started off by following her into the building...There was touching in the elevator...
Defence is done with Miller. Now Crown Gzik asking how long assault on elevator in #Hamont lasted.
Miller and Bradshaw were good friends and lived together briefly. Socialized together.
"You know, he's your witness sir. You are stuck with his answers," the judge tells Silverstein. This is all happening in front of the jury.
"I know you're having a difficult time. The witnesses isn't, obviously, fully cooperative with you," Justice Flynn says to Silverstein.
Judge is reminding Silverstein that this is exam in chief and not cross. And to ask questions accordingly.
Silverstein asks how many sexual assaults he pleaded to involved intercourse. "A few," says Miller.
Miller says he's heard the tape. Can't remember if they played it for him in prison. "Let's assume they did," Miller says.
"I didn't commit any offences in Stoney Creek or the Hamilton area," says his recorded conversation with detectives at prison.
"This woman invited me up to her place," he says. "It was reported much differently than I can recall...So there you go."
In March 1998, Miller told @HamiltonPolice detectives who visited him in prison that he had never committed offences in #hamont. He lied.
Jury is back and Brian Miller is still on the stand at the Robert #Badgerow murder trial.
I am the only journalist Brian Miller has ever done an interview with. #Badgerow #hamont
It's on the record he told them he did not commit any offences in #hamont...Jury sent for lunch.
asked if he told detectives who visited him if he had committed any crimes in #hamont. Miller says he can't recall.
"I never murdered Diane Werendowicz. That's not my voice on the 911 call," says Brian Miller. #Badgerow #hamont
In 1998 he was visited at prison by Det. Steve Hrab and another officer. Asked if he killed Diane.
Miller tells Silverstein if he wants to share the document with the court, go ahead...Miller was sent back to penitentiary.
"I don't recall what tapes you're talking about at the moment. I've not seen that paper before," says Miller of Silverstein's document.
Miller says "it's vague to me."
She was wearing a "purple bikini top and black shorts" according to police report. Police searched Miller's vehicle and found 3 tapes.
She was wearing shorts and a T-shirt, Miller says. "It was a long time ago."
Miller was paroled in 1996. He had parole revoked after he took video of a woman. "That's what they saw me do."
Interviewed by @HRPSBurl also. One of those incidents may have involved throwing blanket over victim's head.
Miller says there were other attacks he was never charged with. He can't recall how many. "But no murder."
Pleaded in 1989 in Peel to 13 offences. Then pleaded to #hamont offence in 1999. "But I did not commit a murder," says Miller.
"Cover their mouth with my hand and...pin them down," Miller says, referring back to his earlier trial testimony.
Controlled them "usually by covering their mouth with my hand," Miller says.
Miller says he could have followed them on foot or by car. "It could have been either."
"It wasn't that they were specifically targeted...They were in the wrong place at the wrong time," says Miller of his sex assault victims.
"You're being very vague about it," says Miller.
Silverstein: "Were these crimes of opportunity?" Miller: "Define opportunity."
Asked if he attacked a young woman on a walkway under a highway. He says yes. Miller says the attacks were "very random."
"I got ****ed in an elevator," were Miller's exact words. He says he wasn't aware he had ejaculated until he heard court evidence.
"As memory serves me I think I said 'I got ****ed,'" or something like that, Miller says. #hamont
His friend Tim Bradshaw was waiting in the car while all this happened, says Miller.
on her. Tried intercourse again...Miller pleaded guilty and admitted those facts.
...and parking garage. He held her by the hair and shoulder. He tripped her and pulled his pants down. Tried intercourse, performed oral sex
...she walked through Westdale. Got groceries. Saw brown car at King and Macklin with 2 men inside. One got out, assaulted her in elevator
Aug. 5, 1986, JA, 24 was visiting her boyfriend in #hamont. He was a grad student at McMaster. He lived on Glenn Road. Just before noon...
aug. 5, 1986 he committed an offence in #hamont, but didn't plead guilty until years later.
"I think it happened after a night of drinking," Miller says of his attacks.
Miller sentenced to 11.5 years. He saw psychiatrists.
...he was a nice looking man, why was he doing this. He said because he was "sick." He pulled his pants up and left.
...to remote area. Lay her down, removed skirt. REmoved his track pants and began to masterbate. Put her hand on his penis. She said...
DEc. 29, 1986, 5:15 p.m. ST parked her vehicle in underground parking garage. Grabbed from behind by man. He picked her up and carried her..
"I was out cruising around looking for women, probably," he testified earlier. #Badgerow
Miller agrees he pleaded guilty and admitted the facts. Asked why he was in Toronto that day?
"I won't hurt you. Just let me touch you." Pulled her nylons down. She screamed. He ran.
Dec. 19, 1986, 10:15 a.m. MP left apartment and was on way down in elevator. Man with her. In basement, she went to her car.
At 2010 trial Miller was asked about both those offences. Testified there was no ejaculation in either attack. #Badgerow #hamont
Miller doesn't recall if he ejaculated in connection with that offence.
She managed to shout out "Someone's coming." Man ran to look, then came back and continued fondling her. Miller pleaded guilty.
Man grabbed her from behind, hand over her mouth. Ran hands up under shirt. "I'm not going to hurt you. I just want to touch you."
Nov. 12, 1986, 5:35 p.m. YJ, 33, drove vehicle into underground garage on Albion Road, Toronto. Got out, someone ran, burst through door...
"I came up from behind her," he says. "That fact is correct."
Silverstein asks if he ejaculated during that offence? "No," says Miller. He doesn't recall how he found that woman.
Miller on his lawyer from that time: "He was advising me. I had no idea what I was walking into."
"I disputed those facts but I didn't want to put those people through any more suffering by having them testify
She received perforated ear drum, head injuries. "I plead guilty," he says.
He pulled off her tights. He pulled off her left breast prosthesis. She had breast cancer. He puts his hands inside her.
...she fell to ground. He tried to pull top off. Pushed her onto her back, violently banged her head on garage floor. Losing consciousness..
Sept. 23, 1987, MM, 32, returned to home at Islington ave. at 2 a.m. Parked in underground garage, got out. Man put hand over her face...
Pleaded guilty to aggravated sexual assault against woman known as M.M.
"I didn't recognize having that addiction until things began," says Miller. Says he had called hotlines before. Pleaded to Justice Langdon.
Miller said in earlier trial that he didn't recall saying he fondled boys, but he may have fondled girls.
Judge allows transcript from earlier trial to be allowed in where Miller talks about MacDonald.
Gzik objects and says if Silverstein wants to put in Dr. MacDonald's report, the doctor needs to be called as a witness.
"I believe there was a component of sexual addiction later in life," Miller says.
Fall of 1988 he told Dr. MacDonald that even in school he fondled young boys & girls who were his schoolmates. Miller discounts it.
Many counts of sexual assault, break and enter, aggravated sexual assault and assault.July 15, 1988 arrested by @PeelPoliceMedia and charged with multiple
offences. Feb. 2, 1999 he pleaded guilty to several of those.
Jury seeing a document on courtroom screens. It is Miller's criminal record. It is long.
Robert #Badgerow has a couple of supporters in the courtroom today. Two men who I do not recognize.
He moved out of Jerome Cresent by 1982. Moved to Oxford Street with Tim Bradshaw...Miller's lawyer is seated in court, leaning far forward.
"We were smoking a joint in the car and we had a couple of little ends left called roaches...It wasn't a bucket of cocaine or anything."
Court now seeing police photo of Miller from November 1981. Hair was shorter than his grad photo.
Summer of 1981, Stelco went on strike. He and friend went out west.
Miller shown transcript from 2011 #Badgerow trial. Now he remembers. "I think I was out west and had a fail to appear on that."
Asked if he was charged with a criminal offence in August 1981. "I don't recall," Miller says. Silverstein suggests it was drug possession.
Miller had a car then. He has no recollection of June 19 or 22, 1981. "Can't say that I do," he says.
Miller worked in the "20 inch mill" on June 19, 1981. Also worked there on June 22, 1981.
Court being shown photo of Diane. She lived 7 floors above him. Miller says he recognizes her "Only from the media."
Graduated 1980 from Saltfleet, according to Stelco form...70 Jerome is Diane's apartment building.Jury seeing a Stelco document about Miller.
Gives his height as five foot eleven, 155 lbs. Address as 212, 70 Jerome Cres.
Apt. 212 in June 1981. Miller worked for Stelco that summer in a rolling mill. "I worked on jobs that were half-hour on, half-hour off."
During high school, Miller he lived in Binbrook "for the most part." In 1980, after parents separated, moved into 70 Jerome Cres. with dad.
I think he said he left, not laughed. He's sometimes difficult to hear.
Cop made comment about her "basically giving me head and that's where that conversation ended."
Once with Beth, stopped by police while driving. "The officer made a rude comment to me and subsequently I laughed."
Miller says he doesn't remember. Shown photo of him and asked if Beth took it. He doesn't remember.
Miller asked about high school girlfriend Beth Farley. Dated her "briefly." Asked if he ever showed up at her workplace after high school.
Asked about The Alpine bar, but he doesn't remember it. #badgerow
He went there sometimes too.
He recalls Malarkey's. Went there "on occasion." He was underage. Asked about bar called Day and Night. He says it was at Queenston & Lake.
Caught drinking at the mall parking lot in November 1980. "I recall little about that," he says.
Miller had to ask what charge Silverstein was referring to...Jury already knows Miller has a violent, long criminal history.
...whose dad was a police officer. Charged by his father for drinking under age in a car at Fiesta Mall.
He believes he graduated from Saltfleet in 1980. Says photo may have been taken a year before that...Asked if he had friend "Appleton"...
Crown intervenes to ask that Miller be allowed to speak without interruption...Clear already Miller is hostile.
Miller said he did not bring his trial transcripts with him...Miller is curt with Silverstein.
Jury now seeing the photo of Miller in his grad gown. Dark hair...Miller's responses are terse. #Badgerow
Silverstein is showing him his grad photo from Saltfleet yearbook.
Sept. 22, 1962, DOB. Born and raised in #hamont. Binbrook, specifically. Went to Saltfleet High School. Graduated in '79 or '80.He has testified at #Badgerow's
earlier trials.
Miller is wearing blue jeans, a light collared shirt. He has short dark hair and wears dark rimmed glasses. In his 50s.
Brian Miller, the alternate suspect in Diane's murder, is called by defence lawyer Russell Silverstein. #Badgerow #hamont
Jury is being brought back at the Robert #Badgerow jury trial. Jury being sent for its morning break. #Badgerow
Witness is finished.
He also doesn't know if #Badgerow always arrived at the same time.
Grant asks if he remembers exactly what time #Badgerow would arrive at their house after an afternoon shift at Dofasco? He says no.
Crown has no further questions. Defence lawyer Ingrid Grant was to re-examine. #Badgerow
Hunt was 17 when his sister married.
He does not remember #Badgerow driving a Mercury Cougar...He has not discussed his evidence with his sister.
Scene of Diane's murder was 5 minutes from Hunt home. Hunt remembers hearing about it on radio. "A girl in the creek who had been murdered."
In his speech, #Badgerow says "and, uh" a few times. Similar to what is said in the 911 call.
Wedding day was 11 months after Diane's murder. #Badgerow keeps looking over to Tammy who appears to be dabbing tears from her eyes.
MoreJury sees video of #Badgerow at wedding on April 17, 1982 thanking his guests. He's wearing a light coloured suit, bow tie. Toasts bride.
Hunt was at his sister's wedding to #Badgerow in 1982.
After divorce, Hunt saw #Badgerow at family court in #hamont, and again when he needed to see his tenant for a social worker matter.
Gzik suggests it was a 3 year marriage between Tammy and #Badgerow. Hunt says that may be right. Doesn't know why they split up.
He was a busboy and dishwasher there. #Badgerow never drove him to work.
The bar was not Malarkey's. It was on King Street in Stoney Creek, near the dairy. Hunt worked at Malarkey's in 1983.
Hunt admits he drank under age (16-18) at a small bar in Stoney Creek with his hockey team. #Badgerow would join him sometimes.
Hunt's family lived on Gateshead, near Fiesta Mall. If #Badgerow worked until 11 p.m., he'd get to their home at about 11:45 p.m.
Hunt's dad got @TheSpec every day in 1981. Hunt was 12 and did not read it. #Badgerow
The apartments on Jerome Crescent were 50, 60 and 70. Diane lived in 70.
Hunt says his sister and #Badgerow lived on Jerome Cresent just after they got married. "The middle one, so I think the middle one was 60."
Court seeing a photo of a "greenish" Monte Carlo in June 1981 that #Badgerow may have driven after the Beaumont.
And another look at the wrestling team photo. #Badgerow
Here's the Orchard Park yearbook with Robert #Badgerow's photos.
This is the photo of Robert #Badgerow with the Orchard Park wrestling team.
Now wrestling team photo. Wearing a white collared shirt with sweater over top.
Jury is seeing a photo of Orchard Park football team. #Badgerow is #42 in front row. He has a moustache.
Now seeing #Badgerow in 76-77 Orchard Park yearbook. Hunt describes him with "black" hair, shoulder-length, parted in the middle.
Crown suggesting November 1980 was when Tammy and #Badgerow got engaged. Hunt says that sounds right.
Tammy's dream, the yearbook says, was to marry "Pudgy Man."
Jury is seeing Orchard Park yearbook from 1977-78. See a photo of Tammy Hunt. "Can be found walking the halls with muscle man RB."
Knew #Badgerow played on Orchard Park school football team, also played baseball and rugby.
Hunt is five foot nine. Says #Badgerow is about the same height. Tammy is five foot six. He and his sister went to different high schools.
Now Crown Cheryl Gzik is doing cross-exam. Hunt says he was provided with transcript from last trial. Has seen the 2001 transcript also.
Hunt has testified at #Badgerow's previous trials. Heard it at trial in 2001 and a few weeks ago on TV.
Hunt says it is not Badgerow's voice. "When I close my eyes and listen to it and try to think back, it's not the voice I remember."
Call can be heard now. Jury has heard it many times already. "I got information on how that girl was killed at Barton and Lake..." #Badgerow
Having trouble getting audio to work. "There's a course that's not available in law school," jokes Justice Patrick Flynn. Jury laughs.
This is lawyer Ingrid Grant doing Hunt's examination in chief. #Badgerow #hamont Defence is cuing up the 911 call...
During the marriage, #Badgerow had Sunday dinners with Tammy's family often.
Once, when Hunt was a social worker with @cityofhamilton, he had to see a tenant at the #Badgerow home.
Tammy and #Badgerow separated a year after the were married, Hunt says. He had contact with #Badgerow a couple of times since then.
...worked on other cars. Were about 6 cars on the property. #Badgerow and Tammy did not have children.
He has talked with #Badgerow on the phone. Went to his house in Binbrook. Remembers he drove a blue Beaumont. Badgerow's brother Clint...
Robert Hunt was about 12 then. Spent time with #Badgerow.
#Badgerow and Tammy were both at Orchard Park high school when they started dating.
Older sister is Tammy Hunt. She is 5 years older and married #Badgerow in 1982. They dated for five years before that.
Oct. 20, 1964 is his date of birth. He is married with two teenage daughters. He is director of sales with UPS Canada.
Robert Alvin Hunt is sworn in. #Badgerow
Silverstein is done his opening. Very concise and simply put...Calling first witness Robert Hunt. #Badgerow #hamont
There will inevitably be "some holes" in Badgerow's testimony due to passage of time, says Silverstein.
"You'll hear from Robert #Badgerow and he'll tell you he didn't rape Diane Werendowicz and he didn't killer Diane Werendowicz." Badgerow has dark hair.
"Even if the 911 call came from the phone booth" Gate 6 security guard saw a "blond man" at the booth around the time of the call.
One of the things the jury will have to consider is did the 911 call indeed come from the Dofasco phone booth, says Silverstein. An expert will tell jury that
strangulation murders are often linked to sexual motivation.
Miller is 5 foot 11 inches, two inches taller than Diane, which fits the witnesses' description.
Jury will hear testimony (read in) from Jane Book who lived on Lake Avenue and heard a commotion outside her window that night.
And the timeline suggests she had sex with #Badgerow in his car before she began walking home.
Women who were with Diane on her last night testified earlier that she drank 5 to 6 beers. Toxicologist will say it may have been more.
Jury will hear from a toxicologist who examined Diane's blood. Her blood-alcohol level was 117/100, higher than the legal driving limit.
If you believe Miller might -- "and I emphasize might" -- have killed Diane, then you must acquit Robert #Badgerow.
Miller confessed to another sexual assault after he swore police knew about all of them.
A former close friend of Miller's, Tim Bradshaw, will also say the 911 call was made by Miller. 1
Miller has his own lawyer in the courtroom. #Badgerow #hamont 1
A former Miller girlfriend identified him as the voice in the 911 call, Silverstein's says.
"You will hear the grizzly details of his crimes," says Silverstein leaning on the lectern toward the jury.
"Brian Miller was, in the 1980s, a sex-addicted, violent, serial sex offender," says Silverstein. He often didn't leave his semen behind.
Miller lived in Diane's apartment building and frequented Malarkey's.
Brian Miller was the prime suspect in this murder. His face quivered and turned red when police played him the 911 tape.
They smoked a joint in the back of his car and had sex, but she was alive when she left him.
"Robert Badgerow did indeed have sex with Diane WErendowicz before he was killed, but that sex was consensual."
"After parading around for a couple of weeks now, I have the privilege of speaking to you directly today," says Silverstein.
Russell Silverstein is heading to a podium in front of the jury box to open the defence case. Puts his glasses on.
Jury is being called into the Robert #Badgerow murder trial. Defence will open its case. #hamont
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http://www.thespec.com/news-story/6...live-defence-presents-second-day-of-evidence/
[h=1]Tweets by ‎@susanclairmont[/h]
Susan Clairmont ✔ @susanclairmont
Lori's husband became friends with #Badgerow though the gym.
1h
In 1998, she learned there was an arrest in the cold murder case.
1h
Groves best friend was Lori Hermer. Groves was her maid of honour. When Diane was murdered, "all of us girls were pretty scared."
1h
Miller had done some modelling at one point, Groves said. She had no contact with him after his arrest.
1h
- "I'm disappointed he wasn't the person I thought he was," Groves said of his arrest.
1h
Miller never gave her any concern. He never hurt or harmed her in any way, Groves said.
1h
Resumed contact with Miller after she got married. He showed up near her workplace one day in downtown Hamilton.
1h
She spoke to Miller by phone almost every day until she graduated from high school.
1h
She denies that. Miller "was really, really mad." This was June 1981.
1h
Prom night she got ride home from Miller. Stopped by cop who accused her of giving Miller oral sex while they drove.
1h
Groves used her sister's drivers licence to get in. She failed Gr. 7. She saw Miller drinking at Malarkey's when he was underage.
1h
Never went there with Miller, but saw him there sometimes. She was there drinking under age. "They weren't very good about checking id."
2h
Groves went to Malarkey's. "Some may have called it a meat market, but that's just where all the kids went."
2h
Miller is holding a cigarette in his hand in the photo. He also smoked marijuana and hash, according to witness. "I've seen it." He drank.
2h
She went to prom with another friend. Miller was at the "after party." She took a photo of him that night. Jury is now seeing the photo.
2h
Miller cleaned floors at night at Eastgate Mall while they were dating. He phoned her from work. They remained friends after they broke up.
2h
They never had intercourse, she testified.
2h
"We went out together exclusively for, I don't know, about 3 months...We found we were better suited to be friends."
2h
Last contact was 3 weeks before his arrest, she testified. Met Miller when she was in Gr. 9 in 1977. Got to know him better in Gr. 10.
2h
"Brian Miller was a guy I went out with in high school and we remained friends well beyond high school."
2h
Or even later, if the friend L had seen DW consume 6 beers, and then after L left DW with her 2 friends when they showed up at, was it 11pm, they said THEY saw her consume 6 beers (and L wasn't present for those), DW could have in fact consumed 12 beers.. for 12 beers to have worn off to that degree it could have been much much later than that even.
Also, CV was working that night, til ... whatever time.. and then went out drinking with friends, supposedly.. so what about that timeline would rule him out as a suspect?
Just bringing up this again for any who missed it regarding circumstantial evidence. Problem is BM fits the profile too it seems
Did we get a physical description of BM? i keep getting this impression that he is blonde.
Just bringing up this again for any who missed it regarding circumstantial evidence. Problem is BM fits the profile too it seems
Originally Posted by Claroon
RB is innocent until proven guilty. To prove him guilty needs enough corroborating evidence. (adapted fromWiki) Circumstantial evidence relies on an inference to connect it. Circumstantial evidence allows for more than one explanation. Different pieces of circumstantial evidence corroborate with each other. Together, they more strongly support one particular inference over another. An explanation involving circumstantial evidence becomes more likely once alternative explanations have been ruled out.
Us sleuthers have been focusing on alternative explanations.If we look at the crown's assertions or inference, is there enough corroboration?
I want to look at corroberating evidence.
There's no doubt DW was murdered and plenty of evidence to that effect. With a purse around her neck, she didn't slip and fall in a drunken stooper.
Is there likelihood that RB could cross paths with DW either that night or previous nights - yes, both frequented the same bar and had at least one mutual friend DS
yes, both apparently lived on the same street.
any corroborating evidence he could be in that area - yes
any evidence he could be there at that time with no other alibi - yes
DNA - yes
history of staking out women - yes by his own admission
Where are you getting the information that 'yes, both apparently lived on the same street'?
So the corroborating evidence is:
-that DW was murdered with a purse around her neck (is this corroborating evidence that applies to RB?)
-that RB could have crossed paths with DW (so could hundreds of others?)
-that RB could be in that area (so could hundreds of others?)
-that he could be there at that time with no other alibi (so could hundreds of others?)
-that his DNA was found inside DW (he has admitted consensual sex and there is no evidence of rape?)
-that RB has a history of staking out women (I must have missed that one too?)
If that is the corroborating evidence, what is the evidence, and is this combined evidence enough to convict him of rape and murder?
Photos were shown today and here are some quotes bbm:
Here is photo from SC Tweets of current
The point of my post was to gather what the crown was throwing out as circumstantial evidence to see if there was any merit.
In the DM case, the judge said when you go to buy a house, you look at all the facts and if it seems to make sense you buy the house. So you'd have to look at what the crown is presenting and see if it adds up to RB being the perp.
The point is hundreds of others weren't being tried due to having their DNA in her. The point is it is RB being tried. Of course hundreds of others were in similar situations, but this is about a number of things adding together. Is it enough? I doubt it.
As to address, this was a post from when EK was on the stand and blurted out RB lived at 50...I think only today did someone contradicted that although depends on how you took what he said. IMO I'm not sure that's been truly clarified enough.
You are right unless rape is undone clothes and masterbating (as it might be in BM's mind) rape wasn't proven.
As for RB stalking, partly from this article http://www.therecord.com/news-story/2223948-murder-accused-takes-the-stand/ , which wasn't presented at this 4th trial.
"Badgerow told the jury that prior to his 1982 marriage to Tammy Hunt, he had three or four “encounters” that saw him pick up women in bars and have sex with them. He said he never wore condoms, the sex was always consensual and he always ejaculated.
He conceded he wasn’t always successful in his attempts to connect with the opposite sex.
“Regardless of what I have done, I am no Don Juan. Of course I struck out.”
but I thought he also said something about sitting the bar parking lot looking for women.
Another way you could look at this is some of these points don't exclude RB either.
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