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

[Claroon]

Susan Clairmont's Twitter Feed of the Baderow case today Sept 28.

Susan Clairmont ‏ 3h3 hours ago Crown finished exam in chief. Silverstein will do his cross-exam of Cole tomorrow. Jury excused for the day. #Badgerow
Susan Clairmont ‏ 3h3 hours ago Sunday, June 21, 1981, Cole was also on duty. He was at Diane's autopsy as an observer.
Susan Clairmont ‏ 3h3 hours ago Jury seems stoic as this photo of Diane, dead, looms on the screens. #Badgerow
Susan Clairmont ‏ 3h3 hours ago "These aren't pleasant of course, but it's necessary," Justice Flynn says as close-up photos of Diane's face shown. Purse strap around neck.
Susan Clairmont ‏ 3h3 hours ago Body placed on ground sheet in pouch and removed to morgue.
Susan Clairmont ‏ 3h3 hours ago Gary Small, superintendent of 70 Jerome Crescent, was brought to scene to help with identification. Small could not identify the body
Susan Clairmont ‏ 3h3 hours ago Could see she had no underwear. A button was missing from her shirt. Coroner pronounced her dead.
Susan Clairmont ‏ 3h3 hours ago Now photo of Diane's body lying on ground sheet. Her blouse is undone, her bra is on. Purse strap around her neck. Zipper undone on jeans.
Susan Clairmont ‏ 3h3 hours ago Body carried by two officers to a yellow ground sheet. #Badgerow
Susan Clairmont ‏ 3h3 hours ago Only people there to see this were police sergeants, says Cole. Purse "had been wrapped around the neck." #Badgerow

Susan Clairmont ‏ 3h3 hours ago Cole correct himself from earlier: her right index finger curled around a branch. Clearly visible in photo.
Susan Clairmont ‏ 3h3 hours ago "There is a material structure on top of the head area as well as a darkening on the white pattern of the shirt" from the tire.
Susan Clairmont ‏ 3h3 hours ago...from body by Officer Jack Sutton....Jury seeing close-up police photo of body. "The victim face down after the tire had been removed..."
Susan Clairmont ‏ 3h3 hours ago Silverstein, lawyer for Badgerow, asks that Fox allow Cole to do the talking...Cole says coroner called to
Susan Clairmont ‏ 3h3 hours ago At 7:55 p.m. all other officers left scene except for Cole. Harris/ Sutton returned with @HamiltonPolice ident officer to take photos.
Susan Clairmont ‏ 3h3 hours ago Back to the map. Cole asked to identify marks he made at an earlier trial to show where each item was found.
Susan Clairmont ‏ 3h3 hours ago Cole's job to take notes at scene. Pink sweater found on east bank. Underwear, black/white Nike running shoes found 20 ft away from body.
Susan Clairmont Other officers arrive at 7:20 p.m. officers, Sutton and Harris from detective office arrive at 7:40 p.m. Cole designated "the scribe."

Susan Clairmont ‏ 3h3 hours ago Officer Ross Wood and a sergeant arrived on scene too. A group of people gathered at top of ravine, away from scene. Cole protected scene.
Susan Clairmont ‏ 3 hours ago Left foot was caught on a branch on side of creek bank. #Badgerow
Susan Clairmont ‏ The left hand of the body was toward the bank. Right hand toward the water. The baby finger of her right hand was "curled around a branch."
Susan Clairmont ‏ 4h4 hours ago "A silver ring on the baby finger on the left hand and a gold cameo ring on the middle finger of the right hand." Shirt, jeans, no shoes.
Susan Clairmont ‏ 4h4 hours ago "The body was laying face down in the creek. There was an automobile tire laying on the upper half of the body."
Susan Clairmont ‏ 4h4 hours ago "A body covered in a tire, with a pink sweater on the bank," Cole describes. Some paths "trampled" into the taller grass.
Susan Clairmont ‏ 4h4 hours ago "The boy that was with me, I told him to head back." Cole found a spot to cross the creek so he could "get a better look."
Susan Clairmont ‏ 4h4 hours ago Now photos of a creek. Can see "an object in the centre and a vehicle tire on top," says Fox. Officer agrees this is what he first saw.
Susan Clairmont ‏ 4h4 hours ago Seeing @HamiltonPolice photos of "a forested area" being shown by Fox. Cole recalls one child leading him to a creek.
Susan Clairmont ‏ 4h4 hours ago Fox is introducing photos of the area around the ravine, helping the jury to get its bearings. #Badgerow
Susan Clairmont ‏ 4h4 hours ago Fox is showing the jury a photo looking north from East Avenue toward Jerome Crescent. #Badgerow
Susan Clairmont ‏ 4h4 hours ago This is the @TheSpec photo of the children who found the body.
Susan Clairmont ‏ 4h4 hours ago "There was mention that it could have been a mannequin," says Cole.
Susan Clairmont ‏ 4h4 hours ago This is the @TheSpec photo of the children who found the body. #Badgerow
Susan Clairmont ‏ 4h4 hours ago Here is the @TheSpec photo of the children who found the body. #Badgerow
Susan Clairmont ‏ 4h4 hours ago "I met up with some children," says Cole. "A group of children, excited about their finding."
Susan Clairmont ‏ 4h4 hours ago "Very thick brush," Cole says, describing the ravine. He arrived on scene at 7:15 p.m. Officer Ross Wood also went to call.
Susan Clairmont ‏ 4h4 hours ago Cole has called area "a ravine." Says there is a 40-50 ft. slope down to "the creek." #badgerow

Susan Clairmont ‏ 4h4 hours ago In this very modern courtroom, there are small screen in front of almost every juror.
Susan Clairmont ‏ 4h4 hours ago Jury seeing a map of that area. Shows Jerome Cresent, location of Diane's apartment.
Susan Clairmont ‏ 4h4 hours ago Body was "in a ravine." Near "large, multi-residential apartment unit." Body was behind that unit, in trees "with creek running through it."
Susan Clairmont ‏ 4h4 hours ago He was dispatched to report of a body found. 19:05 hrs (7:05 p.m.) dispatched to 70 Glenburn Court on east side of that boundary.
Susan Clairmont ‏ 4h4 hours ago Centennial Parkway was the divide...June 20, 1981 Cole was on patrol in a marked cruiser. Cole says "sunny, warm, 65 degrees" that day.
Susan Clairmont ‏ 4h4 hours ago Cole spent entire career with @HamiltonPolice. Fox asking Cole about border between Hamilton and Stoney Creek in 1981.
Susan Clairmont ‏ 4h4 hours ago He has the original occurrence report from this case. Judge allows him to refer to those documents to refresh his memory. Susan Clairmont ‏ 4h4 hours ago Cole explaining an "occurrence report" written after an investigation. #Badgerow
Susan Clairmont ‏ 4h4 hours agoFox taking Cole through the process of keeping notes. He has his original notebook from this case. Shows it to jury. #Badgerow
Susan Clairmont ‏ 4h4 hours ago Cole is swearing on the bible. He is retired. Was on 1978-2009. It was still Hamilton-Wentworth police when he joined. Susan Clairmont ‏ 4h4 hours ago Jury back in at the #Badgerow murder trial. Crown Fox calling @HamiltonPolice officer Michael Cole to the stand.
Jury being given a 20 minute break before Crown Michael Fox calls next witness. #Badgerow

Susan Clairmont ‏ 4h4 hours ago Also #Badgerow defence admits that police executed a search warrant at Dofasco for medical dispositions for Badgerow.
Susan Clairmont ‏ 4h4 hours ago Badgerow's counsel admits Miller is excluded as the source of semen found inside Diane and on her panties.
Susan Clairmont ‏ 4h4 hours ago Also samples of soil from on and around Diane's body. #Badgerow #hamont
Susan Clairmont ‏ 4h4 hours ago ...Diane's vaginal swabs, anal swabs; debris from the mouth of Diane...
Susan Clairmont 4 hours ago ...Diane's fingernail clippings; Diane's pubic hair; Diane's head hair; Diane's blood; Diane's vaginal washing; Diane's urine...
Susan Clairmont ‏ 4 hours ago...a yellow hair comb; a blue sock; two green plaid socks; blue jeans; a blouse; a bra; a tote bag/purse; dirt from Diane's body...
Susan Clairmont ‏ Jury hearing about Diane's "violet coloured panties"; her white running shoes with black trim; a red hair comb; a pink sweater...
Susan Clairmont ‏ Gzik is reading in a document that says #Badgerow does not admit continuity with some of the exhibits.
Susan Clairmont ‏ Some of the DNA was obtained from the residue inside of test tubes that originally held Diane's samples from her autopsy. #Badgerow
Susan Clairmont ‏ Also samples from her clothing. #Badgerow
Susan Clairmont ‏ ...from anal and vaginal swabs from Diane's autopsy; DNA from the blood of Colin Vandenbrink. #Badgerow
Susan Clairmont ‏ Now documentation that the DNA collected from Diane's body was taken correctly from her panties, her body, fingernail scrapings/cuttings...
Susan Clairmont ‏ To be clear: #Badgerow admits his semen was found inside Diane's body and in her jeans.
Susan Clairmont ‏ ...Diane Werendowicz and on her vaginal and anal swabs. #Badgerow
Susan Clairmont ‏ Gzik is showing a document on the screen. It is #Badgerow's admission that he is the source or donor of the semen on the jeans of...
Susan Clairmont ‏ Quite a few of the 13 jurors are taking notes. #Badgerow
Susan Clairmont ‏ Pacey says #Badgerow was not aware of police presence at Tim Hortons. Crown done questions. Defence has no questions. Pacey excused.
Susan Clairmont ‏ Jury seeing evidence bags on screens in courtroom that contain the spoons. Entered as exhibits. #Badgerow

Susan Clairmont ‏ Sealed bags. Called forensic unit at @HamiltonPolice to have someone ready to accept the evidence. #Badgerow
Susan Clairmont ‏ They seized the spoons from soup and coffee and mug. They put on latex gloves, got out paper evidence bags. Put each item in separate bag.
Susan Clairmont ‏ He ate and read the paper. She saw him eat soup with spoon. When he finished he took tray to counter. Pacey and another cop went to tray.
Susan Clairmont ‏ Saw him entering Tim Horton's on Rymal Road East in Hamilton at 12:09 p.m.. She followed him in. #Badgerow ordered soup and sandwich.
Susan Clairmont ‏ Pacey has been cop 31 years. She was on duty on Oct. 2, 1998 as detective in charge of surveillance unit. She was asked to watch
Susan Clairmont ‏ Pacey is affirming. #Badgerow
Susan Clairmont ‏ Here's murder victim Diane Werendowicz. #Badgerow

Susan Clairmont ‏ Crown will now call first witness, @HamiltonPolice Staff Sergeant Carol Pacey. #Badgerow #hamont
Susan Clairmont ‏ "You will have the evidence you need to reach a verdict at the end of this case. Thank you," says Gzik. (Pronounced Zik.) #Badgerow
Susan Clairmont ‏ "Even though it's been 35 years since Diane was murdered, you will still have the exhibits." They will see Diane's purse, hear the 911 call.
Susan Clairmont ‏ Some witnesses have died or have health issues and cannot testify. So they may have testimony read in. #Badgerow
Susan Clairmont ‏ “Robert Badgerow was arrested for Diane's murder on Dec. 1, 1998." First trial 2001, second, 2010, third was 2011.
Susan Clairmont ‏ "Robert #Badgerow's DNA from Diane's vagina and the crotch of her jeans, but not from her underwear," says Crown.
Susan Clairmont ‏ ...panties and shoes." #Badgerow
Susan Clairmont ‏ "The panties and shoes were located near her body. In her rush to leave, she had the chance to put her jeans back on, but not her ...
Susan Clairmont ‏ ..consent to sex. Items from her purse and her clothing were found in ravine.
Susan Clairmont Dr. Fernandez, a forensic pathologist, will says strangulation and drowning was cause of death...Circumstantial evidence Diane did not...

Susan Clairmont ‏ ...part of one transaction, it's first degree.
Susan Clairmont ‏ Crown may call botanist to identify seed found in Diane's pubic hair...the charge is first degree murder because when rape and murder are...
Susan Clairmont ‏ Miller was working in west end of Hamilton when that 911 call was made, says Crown.
Susan Clairmont ‏ ...as Badgerow's by friends and family.
Susan Clairmont ‏ Badgerow was working at time of 911 call. Steps away from where evidence says the call was made. 911 callers voice will be identified...
Susan Clairmont ‏ "Dofasco work records show that Robert #Badgerow was working at #1 hotmail at Dofasco the day the 911 call came in."
Susan Clairmont ‏ No "forensic connection" btwns Miller & Werendowicz. DNA from Diane's vaginal swabs at 1981 autopsy, "that DNA comes from Robert Badgerow."
Susan Clairmont ‏ Police looked at Brian Miller as a suspect. He lived in Diane's apartment. He committed sexual assaults against women.
Susan Clairmont ‏ ...and dusts for fingerprints. Gzik: Unlike on TV, "no fingerprints were found." It became a "cold case." In 1990s, police reinvestigated.

Susan Clairmont ‏ Police confirm there is a pay phone there, on Ottawa Street. Police don't want anyone to touch pay phone. Officer goes and photographs it...
Susan Clairmont ‏ Officer Gary Davis who took call rings it back. Caller answers but hangs up. Bell Canada helps do trace. Police call Gate 6 at Dofasco.
Susan Clairmont ‏ Police considered that "hold back information." Not public knowledge Diane had been strangled with the straps of her purse
Susan Clairmont ‏ "And she was strangled with her purse."
Susan Clairmont ‏ "She was raped before she was killed...Blonde hair, about 5'11". She was found face down in the crick..." caller says.
Susan Clairmont ‏ Police took statements from women she was at bar with. Monday, June 22, 1981, police got 911 call. Police recorded it. Jury will hear it.
Susan Clairmont ‏ She was strangled with her purse and drowned.
Susan Clairmont ‏ "A tire was on her head. Her shoes were off. Her panties were off." Her jeans on, but undone. A "hasty" attempt to dress.
Susan Clairmont ‏ Children found her body. Jury will see police photos of her body. "She was found lying face down in the creek."
Susan Clairmont ‏ "Her partially clothed body was found the next evening...in a creek deep in the wooded ravine."
Susan Clairmont ‏ Colin wasn't with her the weekend she was killed. He lived in Toronto. "Diane's route home took her past the wooded ravine."
Susan Clairmont ‏ Colin Vandenbrink, Diane's former boyfriend, will tell you the route they usually walked home from Malarkey's. #Badgerow
Susan Clairmont ‏ Diane lived just over 1 km away..."She never made it home."
Susan Clairmont ‏ Diane lived nearby on Jerome Crescent. Diane said around midnight to another friend: "Tell Lori I've gone home."
Susan Clairmont ‏ Diane worked a 12-hour shift as a nursing assistant, then went to Malarkey's bar in Stoney Creek with her friend Lori.
Susan Clairmont ‏ "She was 23 years old...Her official name was Louise Diane Werendowicz but everyone called her Diane."
Susan Clairmont ‏ "These are 2 pieces of information a 911 caller told police on June 22, 1981..."
Susan Clairmont ‏ "She was raped before she was killed and she was strangled with her purse."
Susan Clairmont ‏ Crown Cheryl Gzik stands facing the jury.

 

[Claroon]

Armchair critic - Conspiracy theories?

I like to speculate other possibilities before I hone in on evidence. I Googled the boyfriend and I don't know if it is the same person, but if it is, odd the boyfriend had a daughter (or step daughter) who also died just shy of her 24th birthday in 2012. Sad. Cause of death not known publicly. But that got me thinking and a friend suggested, "What if the girl was headed home or even got home, and the boyfriend showed up after his supposed trip and discovered she'd fooled around or at least was mad she'd been at the bar without him? Could he have gotten violent with her? Then staged a scene of her death? One news report says the boyfriend described their relationship as "up and down." What boyfriend doesn't celebrate his girlfriend's birthday? Either he was gone for the Friday event, or a nice boyfriend would have at least returned for the actually birthday the next day. His own daughter reaching the same age maybe too much to handle?"

Okay, I know that's not nice. But the perp does say he made out with her in his car in the parking lot--not on the ravine edge. So how did she get to the ravine edge?

Alternatively, why wouldn't the perp be nice enough to give her a ride? (my wildly speculative opinion only)

 

[Claroon]

Twitter Feed 2016-09-29

Susan Clairmont ‏@susanclairmont 1h1 hour ago

"Jury is in at the #Badgerow trial. Retired @HamiltonPolice officer Mike Cole returning to the stand for cross-exam by Russell Silverstein.

Silverstein: "This ravine, it's a tall and thickly wooded area?" Cole: "That's correct." Describing where Diane's body was found

Common for children to play in the ravine, but so thickly grown it would be difficult to walk a dog there

Susan Clairmont ‏@susanclairmont 1h1 hour ago
Jury is once again being shown map of Stoney Creek ravine where Diane's body was found in a creek.

Cole did not make a note of the name of the child who led him to Diane's body. He can't recall if it was a boy or girl. It was 35 years ago.

Now seeing photographs of the ravine and creek, just behind Diane's apartment building on Jerome Crescent.

Number of kids "milling about" near scene. Cole didn't speak to them much. His priority was "to preserve life." Diane, however, was dead.

Area of trampled grass at the scene. Did Cole ask anyone about it? "No." And he had no way of knowing when grass was trampled.

Police did not take a photo of the trampled grass and Cole did not examine the area more closely.

Note taking by police in 1981 "tremendously" different than now, says Cole. Then, he made notes in notebook, then typed occurrence report.

Cole can't recall who found items at scene listed in his notes...Cole was a new, young cop at the time. He called senior officers in.

Police laid a ground sheet down and put Diane's body on it, says Cole. Whose footprints are on ground sheet?

Cole assumes footprints belonged to Detectives Sutton and Harris who moved Diane's body. They arrived at 7:40 p.m.

Silverstein asks from which direction all the other officers and coroner arrived. Cole says he does not recall.

This marks 5th time Cole has testified in this case, the jury hears. We now have our first example of testimony from past trials/prelim...

...being read to a witness. In past, Cole testified everyone arrived from the east.

Passage of time, death of key witnesses and fading memories are a live issue at this trial. It has been 35 years since Diane's murder.

Cole was there when tire was removed from Diane's head and shoulders. He could then see her purse strap around her neck.

"There's 2 ground sheets in every cruiser as well as plain clothes cruisers," says Cole. Nothing in his notes about when sheets put down.

At 8:55 p.m. Diane's body put on ground sheets, according to Cole's notes. 9:16 p.m. body removal service took Diane to morgue, notes say.

Cole did occurrence report at morgue at 11:50 p.m

Mr. Small, superintendent at Diane's apartment building at 70 Jerome Cres., brought to scene to try to ID her body.

Her identification was found "strewn around" at the scene, Silverstein said. Small saw her with purse straps around her neck.

Cole did not tell Mr. Small not to tell anyone about what he had seen.

Cole asked to attend the autopsy because he had never been to one before. He does not remember if he saw marks or bruises on her back.

He attended "many, many" autopsies after that...Pathologist and police officers talk before autopsy about what they need to look for.

Cole only had about 90 minutes sleep before attending autopsy. He says he doesn't remember very much...Autopsy was to look at murder & rape.

Silverstein is done. Crown Fox re-examining about bruises and marks on Diane's back. Cole says he doesn't recall if there were any or not.

Cole done. Now Diane's boyfriend, Colin Vandenbrink.

Vandenbrink has grey hair, balding, moustache, glasses. He swears on the bible to tell the truth.

DOB Sept. 16, 1958. Vandenbrink says Diane was his girlfriend. She was "a year and a bit" older than him. He is 5 foot 10. She was 5 foot 9.

He'd known her 4 years in 1981. He was living with his parents in Etobicoke. He drove a motorcycle to her place in nice weather.

In winter he took the GO bus. Now seeing photo of Diane's Toyota Corolla. "We would hike," he says. Camped, concerts, go to restaurants.

She was in good shape. She was a nursing assistant at McMaster Medical Centre, he says.

Court sees a photo of Vandenbrink. "A younger me," he says. He is wearing a 3-piece suit in the photo with shoes that had a bit of a heel

Now a photo of Vandenbrink and Diane together at a company Christmas party at the Sheraton in Toronto in 1979.

Vandenbrink says he and Diane often went to Malarkey's bar together near her apartment in Stoney Creek.

He and Diane went to Malarkey's about "half a dozen times," he says.

Vandenbrink is describing their route home from Malarkey's. They walked on sidewalk on left side of road. Wasn't one on other side.

He worked at a motorcycle shop during the day and at a nightclub at night.

He often worked until 1:30 a.m. at nightclub.

The Friday night of Diane's death, he worked then went back to staffer's place for drinks. Next day drove with friend to Sauble Beach.

When he got home on Sunday his mother told him Diane was dead. He drove to her apartment to see "if what I heard was true."

He went to Diane's parents' home. A minister was there. "Everyone was grieving...I got confirmation she was murdered."

He did not know her cause of death. He got call from @HamiltonPolice asking him to come to station to give a statement.

Gave statement to @HamiltonPolice on June 22, 1981 at HQ. He arrived there by motorcycle. Went into lobby.

"There was a woman dressed in a nursing outfit that had stood up and was walking in my direction." He says Diane wore a white nurse uniform.

He agreed to be fingerprinted. Then taken to "an interrogation room." Started interrogation at 1 p.m.

Again, looking at a map. Vandenbrink being asked to show route he and Diane walked to and from Malarkey's.

Malarkey's was in Fiesta Mall in Stoney Creek.

They would have to cross the street to cut through a back parking lot to her building.

Last time Vandenbrink saw Diane was the weekend before her death. He stayed overnight Sunday. She drove him home Monday morning.

He came back again Monday night with a friend. Vandenbrink and friend went to Malarkey's. Diane joined them.

Diane didn't want to stay. She left in her own and walked home...He spoke to her by phone Friday morning. She called him at work.

"There was still a bit of friction there." They needed a "cooling down period." Also, he owed her $50. It was last time they talked.

He was a pall bearer at her funeral. He was given her nursing tag with her name on it, photos and a ring he had given her.

Later, he gave a sample of his DNA to police. He has testified at #Badgerow's previous trials...Diane had a cat, he says

Seeing photo of bowls of cat food and water laid out on a piece of newspaper on the floor. Vandenbrink says it looks like Diane's apartment.

Seeing more photos of inside Diane's apartment. Her bedroom now. Photo of her dresser with brushes & hand mirror laid out. Perfume bottles.

Crown Cheryl Gzik is asking Vandenbrink about Diane's hair style. He says she had little "pigtails."

He says he talked to her about walking home at night. He thought it was "a safety issue."...Jury now taking a break."

 

[dotr]

Thanks for all the information, Claroon!

 

[Claroon]

Glad I'm not on the jury. I can see room where the boyfriend might have gone to her place after work or after his supposed beers with staffers...or went to meet up with her at the bar and knew her route home...i.e. knew where to find her.

Except that RB has been implicated in other cases, which the jury probably won't be told about, at this moment, I'm not sure. He confesses to having had sex with her thus his DNA. If another killer, where would his DNA be and why? If she's in water DNA of another (hair, skin cells) might have been washed away. Probably not collected in 1981 if on outside of body. That there is no established time of death may be problematic. IMO

 

[Claroon]

Twitter Feed by reporter Susan Clairmont (The Spec)

"Jury is coming back. Colin Vandenbrink still under exam in chief by Crown Gzik.

Correction. Vandenbrink now under cross by #Badgerow legal team...Diane worked on geriatric ward. Had to be strong to lift patients.

Met at Riverside Bar in Oakville. Went to bars sometimes & Malarkey's on fairly regular basis after she moved into Jerome St. apt. in 1980.

He doesn't know how often she went to Malarkey's with other people...Only drove once to Malarkey's with Diane. Parked at rear of the mall.

Vandenbrink is being asked again about their usual path home. Defence says in 1981 police statement he isn't asked about what door they...

...left Malarkey's from....Vandenbrink & Diane smoked marijuana together sometimes...Began dating 1977. Lived together 1978/79 for 9 months.

They broke up in Sept. 1979 and stopped living together. Then got back together.

After that they broke up and reconciled several times. "Or having a cooling off," he says. "On again, off again?" asks Badgerow's lawyer.

Vandenbrink agrees. Says he saw other people when they were not dating Also cheated on her when they were. Saw women from bar he worked at.

He says Diane went to Barbados without him. Perhaps Trinidad also. In summer of 1980 she went to Europe. He didn't know that at the time.

"I don't recall having that information," he says. She had a British rail pass and a hostel card. He was shown them at other trials.

Monday June 15, 1981 he saw Diane for last time at Malarkey's. His friend Tom there too. Diane left by herself. Talked by phone on Friday."

 

[Claroon]

Susan Clairmont's Tweets continued...

"He testified at Badgerow's 2011 trial. Defence is going to read him a passage of his testimony about last phone call.

Defence done. Now re-exam by Crown. Vandenbrink said it was "rare" that he and Diane smoked marijuana together. He is done on the stand.

Next up is @HamiltonPolice officer Mike Campbell.

Campbell retired with the rank of staff sergeant. On the service full-time for 33 years, then 5.5 years part time.

In 1981 he was a plain clothes constable.

"It was my habit to come in early." He and Jack McFarland went down to Lake Avenue and Queenston Road. He could see Det. Sutton.

"I then began to search the area west of Lake Avenue." At 8:19 p.m. he found a "lady's yellow hair comb."

It was lying in tall grass, 40 ft. west of Lake Avenue. 100 ft. from Diane's body. Now seeing photo of the comb in the grass.

Photo also captures Campbell's hands holding back grass to reveal comb. His watch is visible. He brought same watch to court today.

It doesn't work any more," Campbell says of the watch. Jury chuckles.

We're now seeing the actual hair comb in an evidence bag

Justice Flynn says they need to give it a new marking. It has exhibit numbers from previous trials. This is a recurring issue at this trial.

Justice Patrick Flynn -- who is of Irish heritage -- asks it be marked with the colour green. "I like green," he says.

Colin Vandenbrink, Diane's on-again-off-again boyfriend, leaving court after testifying."

(snipped from video courtesy Lisa Hepner Twitter Feed)

 

[Claroon]

Today, #Badgeow has nobody here to support him. There is nobody here for Diane either. A few students, three journalists.
Campbell is describing exactly where he found the comb, using a map to demonstrate.
This is the area of the jury is seeing on a map. Diane lived on Jerome Crescent.
Campbell's notes reflect that a yellow plastic latex glove was found at scene. "It had obviously been there for quite a long time."

"Months or years," Campbell testified. Police did not seize the glove.

Crown Gzik handed the evidence bag with the yellow comb to the jury to be passed around. One juror puts her glasses on for a better look.

Silverstein now up for cross-exam. Confirming the area where Diane was found was "wild." That was Campbell's word. Witness now finished.

Next witness is retired @HamiltonPolice officer Jack McFarland.

Gzik is doing exam-in-chief. McFarland retired in 2009 after 34 years. In 1981 he was in a plain clothes unit. Partner was Mike Campbell.

Worked 8 p.m. to 4 a.m. Dispatched to Lake Avenue North and Queenston to assist with search of scene. At 8:47 p.m. he found a blue "pompom."

He didn't collect the evidence. He just notified a detective of what he found. We're seeing a photo of the pompom in grass.

Now seeing actual blue pompom in evidence bag. "It was clean and didn't look like it had been there long," says McFarland.

Gzik done with McFarland. Now Silverstein's turn. Establishing that McFarland's job was to identify items for possible seizure at scene.

McFarland is done...Gzik says a series of "read ins" will be next. That means reading in testimony from previous #Badgerow trials.

Jury is given lunch until 2 p.m.

Area being discussed (snipped from Google Maps by me)

 

[deugirtni]

Armchair critic - Conspiracy theories?

I like to speculate other possibilities before I hone in on evidence. I Googled the boyfriend and I don't know if it is the same person, but if it is, odd the boyfriend had a daughter (or step daughter) who also died just shy of her 24th birthday in 2012. Sad. Cause of death not known publicly. But that got me thinking and a friend suggested, "What if the girl was headed home or even got home, and the boyfriend showed up after his supposed trip and discovered she'd fooled around or at least was mad she'd been at the bar without him? Could he have gotten violent with her? Then staged a scene of her death? One news report says the boyfriend described their relationship as "up and down." What boyfriend doesn't celebrate his girlfriend's birthday? Either he was gone for the Friday event, or a nice boyfriend would have at least returned for the actually birthday the next day. His own daughter reaching the same age maybe too much to handle?"

Okay, I know that's not nice. But the perp does say he made out with her in his car in the parking lot--not on the ravine edge. So how did she get to the ravine edge?

Alternatively, why wouldn't the perp be nice enough to give her a ride? (my wildly speculative opinion only)

How likely is it that a young nurse would just get into the car with the stranger for consensual sex, and then get out and walk home? That would be one lucky guy, I would think?? And being lucky like that, surely he would have driven her home? Jeez.

 

[Claroon]

Susan Clairmont's Tweets after lunch 2016-09-29

The jury is back at the Robert #Badgerow murder trial. Crown Fox is making a 1981 calendar an exhibit to aid the jury

There are a number of witnesses who are no long available," says Fox. Their previous testimony will be read in.

Fox will read the part of first trial Crown Joe Nadel and Gzik will read part of Dr. Szabo, the coroner. #Badgerow

Leslie Szabo was sworn in. He was a doctor for 50 years at time of his testimony. Was also a coroner.

June 20, 1981, Szabo was called in to see body of Diane Werendowicz. It was still light. (He testified 20 years later.)

He was called to Lake Avenue. Met by a police officer. Led down to a creek and to the body...Jury sees crime scene photos Szabo was shown.

(This is all like a re-enactment of Szabo's testimony. Gzik is actually near the witness stand.)

Her head was immersed in the water. There was a tire on top of it. She was not breathing. There was no way Ms. Werendowicz was alive."

Coroner is only one who can pronounce a body dead at a scene. Coroner also has power to request autopsy from pathologist.

"In a homicide...you cannot specify or shouldn't specify (what examinations they are supposed to do)," Szabo said.

Police fill out a detailed form for the pathologists. Also, there's a Coroner's Investigation Statement. Jury is seeing this on screen.

Szabo spent time explaining how an Ontario coroner differs from Quincy on TV

Coroner's in Ontario do no act as police or as pathologists, Szabo explained. #Badgerow ..."read-in" for the Crown is done.

Now Silverstein is reading part of Leo Adler, #Badgerow's former lawyer. Ingrid Grant is reading part of Szabo under cross.

Szabo filled out his report 2.5 months after Diane's body found. He wrote body found in "a field." ...Nadel: "You didn't put down woods?"

She was still in the water when Szabo got there. He was not there when she was taken out of water. "They would call the pathologist...

...for investigating certain things," said Szabo.

Justice Flynn is now explaining to the jury that Quincy was a TV show a long time ago...Fox tells the jury Dr. Szabo has died.

Now a read-in of testimony of Thomas Sanderson. At 2001 trial, he was 70. (Fox is Sanderson, Gzik is Nadel.)

Sanderson could not remember date of body being found.

"I got two daughters that play out of the back of the apartment...when I don't see them, I whistle."

He heard: 'Dad, phone the police, there's a girl in the creek.'

"So I said to the wife, 'I better go check because I don't want to look like a fool." He checks and there is a girl in the creek.

His daughters and 3 or 4 other kids followed him over. "I told them to stay away." His daughters were Debbie and Patricia.

He lived in a building on Glenburn. He looked off his balcony to the ravine area. He came down elevator and took path to ravine.

I could tell it was a woman...She looked like she was going through a lot of pain because her hands were above her head like this."

He remembered the tire on the back of her head. "She had a white shirt on and she had long hair."

Sanderson was asked to draw a diagram in court of the area where Diane was found. Marks Queenston Street, creek, pathway...Shown to jury.

"I ran back up to phone the police...I told them I found a body in the creek." He thinks only he and his daughters know about the body.

Mr. Sanderson learned how Diane died from TV and the newspaper at the start of the 2001 trial. #Badgerow Now reading-in the cross-exam.

"Patricia pointed and just said 'Dad, it's over here.'"...Mr. Sanderson testified he would hit golf balls in the ravine.

He did not recall @HamiltonPolice speaking to his daughters...there was re-exam of Mr. Sanderson...he showed path on map.

One more read-in to do. Jury is getting a break before we start into it.

 

[Claroon]

How likely is it that a young nurse would just get into the car with the stranger for consensual sex, and then get out and walk home? That would be one lucky guy, I would think?? And being lucky like that, surely he would have driven her home? Jeez.

Yes I've thought as you have. If she was flirting with him in the bar, then maybe she went out to get to know him better. The "Tell Lori I'm gone home" bit could have been "I'm sneaking out on Lori to be with this guy. Did RB mention anything about picking her up inside? If not, there is no fact to my theory.


This was apparently around midnight that she left. I'd like to see a timeline.

Yes, bad on him for not driving her home as you've said. Unless she was conscientious about not drinking and driving or thought her friends would be driving her home, why didn't she take the Corolla we've heard about? How does he know she left to walk home and not walk to her car? I suppose if you believe the boyfriend that she often walked home, then I guess she might have.

 

[Claroon]

How likely is it that a young nurse would just get into the car with the stranger for consensual sex, and then get out and walk home? That would be one lucky guy, I would think?? And being lucky like that, surely he would have driven her home? Jeez.

Also she was possibly intoxicated (now that would have been a good blood test for the pathologist to do), and if she indeed smoked pot with RB, would be a little high.

 

[Claroon]

Susan Clairmon's Tweets after afternoon break 2016-09-29

Jury is back. Next read-in is testimony from Patricia Sanderson who was 31 at the 2001 trial. She was 12 in June 1981, when she found Diane.

She remembered it was a Saturday, around noon. "Because dad was making my lunch and he was calling me up for lunch."

She was playing hide and sake with friends. She was it.

"I was walking along the creek and I came upon the body...

"...She was in the water but she had her hands clinging to the twigs. She was laying like she was struggling to get up."

"She was kind of laying across the creek. She wasn't really on either side."

Her fingers were clutching...& touching twigs. I remember green socks, no shoes. Green socks and blue jeans...Just the tire over her head."

She ran up the ravine to yell to her dad. "Dad, Dad! Phone the police!" She says he sent her sister down "to see what I'd seen."

Asked if she went to the body with John Temple and Jerry Wallace, the boys she was playing hide and seek with. She doesn't remember.

"My sister kind of screamed, and we ran." She could tell by the hands, that it was a girl in the creek. Debbie confirmed body to her dad.

Dad called police. She went back to body with her mom and the building superintendent. She saw "a gentleman in the water beside the body."

He was "a body builder." Asked if he was Rick Wilson. She said yes. There were at least 10 or 11 children and adults near the body.

Wilson was trying to lift the tire off her. Everybody was yelling at him to get away from her. He touched tire, but didn't lift it.

"My dad came down and got me."...Didn't know until the night before her testimony that Diane had been murdered. She read that in the paper.

Sanderson was first one to find the body. She was 12. Police never interviewed her, she said in her 2001 testimony.

Patrica Sanderson was shown this @TheSpec photo of the boys playing in the ravine. Photo is being made an exhibit

Sanderson knew Jerry (middle) and John (right) as the boys she was playing hide and seek with.

Sanderson confirmed under cross that Rick Wilson was the man in water next to Diane's body. She doesn't know why he wanted to remove tire.

She described seeing lots of people around the body. "We just followed the path."

She would often go to the Jerome apartments to play with friends. "And there was a variety store there that had candy there."

Crowd of people at creek to see body were on both banks...That seems to be the end of that read-in. Now Bill Stirrup read-in.

At the time of trial he had been with CHML radio for 40 years. His parents lived at 60 Jerome Cresent. Bill was born in June.

Bill was a police/court reporter at CHML in 1981. (NOTE: Bill and I were friends and colleagues. He has passed away.)

 

[Claroon]

Susan Clairmont Tweets continued from above...

June 21, 1981, CHML did a story on the murder, Bill testified. A reporter wrote it and handed it to a news reader. On air at 12:30 p.m.

Story said Diane Werendowicz "was victim of suspected foul play." That was the first story with her name attached to it.

The next story aired July 7, 1981. "Unlike print journalism, our radio journalism is a very condensed journalism," Bill testified.

He was asked if he had police sources who could tell him about the case. He said he did have police sources. He'd been on beat for 20 years.

Bill, however, testified he didn't ask about Diane. He heard from neighbourhood she may have been beaten, strangled, sexually assaulted.

Bill testified @TheSpec also did stories about the murder. On Aug. 31, 1981 there was a CHML story that Diane was beaten.

Bill testified that a CHML reporter was at a 1998 @HamiltonPolice press conference when the anonymous 911 tape was played.

There had been a $10,000 reward offered for information in Diane's murder. May have been the highest reward offered up until then.

Done with evidence for today. The #Badgerow trial is not sitting tomorrow. It resumes Monday. They will also have off Oct. 10, 11, 12.

Jury is dismissed.

 

[Claroon]

Trial resumed today. Not sure if anyone will begin discussing this case so don't know if I will continue to post tweets.

 

[dotr]

http://www.cbc.ca/news/canada/kitchener-waterloo/badgerow-werendowicz-kitchener-trial-1.3788972
[h=1]Nephew of 1981 Hamilton murder victim to attend unprecedented trial in Kitchener[/h]
[h=3]Karl Werendowicz says the family fell apart after the murder[/h]

The courtroom in the fourth trial of Badgerow has had only a handful of reporters and various members of the curious public who have joined to watch the proceedings since it began.
Karl Werendowicz and his mother sat recently in the courtroom to hear testimony, but most importantly to show they still care and that his Aunt Diane is in their thoughts.
"People may criticize us for not being there," Karl said.

"If you've been through it once it's hard to go through it three or four times. But now it seems because of criticism from people who don't think we care, it's important that we come to show that we do care and that she is part of our thoughts."
His father is Diane's brother. Karl's parents sat through the first case in 2001 but says they did not attend the last two cases saying it was too hard for them to deal with it.
Karl Werendowicz says he plans to take time off work for the closing arguments and when the final verdict is read.

 

[deugirtni]

Trial resumed today. Not sure if anyone will begin discussing this case so don't know if I will continue to post tweets.

i would love for you to post tweets. they're a permanent record, even if not many are discussing as of yet. Thanks for your efforts!

 

[dyannaON]

Please post if you can. I wanted to attend but some things have come up. I may try this week depending on how long it goes for.
Thanks so much!


Sent from my iPhone using Tapatalk

 

[deugirtni]

[h=1]Badgerow case: Victim’s clothes, blood, belongings on display at murder trial [/h]http://www.thespec.com/news-story/6891688-badgerow-case-victim-s-clothes-blood-belongings-on-display-at-murder-trial/

 

[deugirtni]

Please post if you can. I wanted to attend but some things have come up. I may try this week depending on how long it goes for.
Thanks so much!

Sent from my iPhone using Tapatalk

I wonder how close the trial will end up being to their estimated length of time.

That fact is not in dispute, the jury knows. Badgerow has signed a document saying he does not contest it is his DNA. How it got there, however, is another matter — not all of which the jury has heard yet after just three days of evidence at a trial expected to last four months.

http://www.thespec.com/news-story/6...-blood-belongings-on-display-at-murder-trial/