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

[deugirtni]

Well if he is the Ravine Rapist. Then why isn't he connected via dna to all of these victims.

Someone previously asked this above.

Interesting that we know nothing at all of the 'ravine rapes'. How is one to defend himself against allegations that are so... elusive? One CAN'T! So unfair. If those 'other' 8 rapes were investigated, they would have DNA samples, which perhaps weren't used for that purpose at the time, but later when DNA testing became available, the samples could have been tested THEN. If there was DNA matching RB, we can be sure that he would have been charged. And yet he wasn't. If the women who were raped had identified his mug as the perp, I'm sure he would have been charged, but yet he wasn't.

I am sure that I read in one of those older caselaw files, something which states that RB's defence lawyer said the Crown acknowledged there was nothing about those crimes which suggested that RB was the perp.

Further, if there *was* no DNA present, (perhaps due to ejaculation not taking place), that would definitely suggest someone ELSE. Perhaps someone who also did the DW murder.

I find it interesting that so many people seem unable to get past coincidences in a case. Their minds jump to what appears to be the obvious conclusions, and the thinking ends there. Real life is often so much more intricate and interwoven and perhaps even more complicated than that.

 

[Claroon]

These are the working theories we came up with in Oct. I never did add the bottom three (I just added a bit extra detail too):

1. RB did only have sex, drugs and rock & roll with DW and drove home drunk and high.
She walked so he wouldn't know where she lived or cause she didn't want to drive with a high or drunk person. She had always walked before including the previous Mon.after being there with CV.
2. RB was smoking a joint with her and then removed her clothes without consent, went too far, she got mad, put her jeans on and took her panties in a hurry, RB followed her thinking she might report him, did her in.
3. RB stalked her in the ravine and did everything (including putting her jeans back on (?) )
4. RB had sex with her and CV came to meet up with her for her birthday, or because she had broken up with him that day (she had called him that day at work) and figured out she had just had casual sex, and/or was mad over the breakup, got mad and beat her.
5. RB had sex with her and some totally random stranger attacked her in the ravine afterall, there was evidence of drinking according to LE witness, AND people who lived in the area regularly heard drunks walking home from the area bars. (Doesn't need intercourse to be sexual, so maybe DNA destroyed in the water if it was somewhere else on her.[/QUOTE]


6. BM - a more likely ravine rapist snagged her and did it.
7. New guy she was seeing in the apt. grabbed her when she got home and took her out there
8. Old boyfriend from BC somehow did get back and did it.

In my opinion, any of these scenarios are possible which would lead me to reasonable doubt.

 

[deugirtni]

RB filed his appeal within the 30 day window after his conviction of Dec 1st:

On Dec. 22 Badgerow filed a notice of appeal form, which he filled out in his own small, precise printing on Dec. 12 from his cell at Millhaven Institution, a maximum-security prison near Kingston. It does not set out grounds for the appeal, which is not unusual. Offenders often file a short and simple form to meet the deadline, following up with more detail once they retain a lawyer to handle the appeal process.

Russell Silverstein, who represented Badgerow at his recent three-month trial in Kitchener, says his former client will now apply to legal aid to fund the next stage of his decades-long case. Badgerow will look to hire a lawyer who specializes in appeals.
....
Just because Badgerow wants an appeal doesn't mean he will get one. The court grants "leave to appeal" only in cases where there may have been an error in law during the trial or when new evidence surfaces.
Neither seems likely in this instance.
....
The family has not been allowed to visit Badgerow yet, but he has been able to call home. He speaks frequently to his eldest son, Derek, 25, who crumpled in the courtroom after hearing the verdict.
Other family members, including Badgerow's twin sons and the boys' mother, have cut ties with him.
The toughest call was Christmas Day.

http://www.thespec.com/news-story/7057641-badgerow-applies-to-appeal-murder-conviction/

http://www.900chml.com/2017/01/10/robert-badgerow-wants-to-appeal-latest-murder-conviction/

 

[Georgeo]

I asked my good friend who was born in Stoney Creek in the 50s (and lived here in Stoney Creek all his life until recently when he moved to central Hamilton) about how SC was pronounced by him and the locals and he said it was always referred to as Stoney Creek and not Stoney Crick. I guess it depends on who you talked to or the time that happened in ...maybe it was unique to the late 70s/ early 80s. I've been living here in Stoney Creek for the last 5 and a half years and never heard it referred by anyone as 'Crick' once.

I lived near Fiesta Mall in my teens in early 80's and "Creek" is the way it was pronounced.

 

[Kamille]

Convicted killer Badgerow makes bail

Convicted killer Robert Badgerow is being released on bail.

While his mom is planning a barbecue to welcome him home, his victim's family is angry — but not surprised — that the justice system has once again put the rights of a killer before a victim.

[...]

The Court of Appeal in Toronto heard Badgerow's bail application earlier this month. Lawyers and family were notified of the decision Thursday while the official written decision from the court is expected Friday.

Badgerow, the first person in Canada to be tried four times for the same first-degree murder, was found guilty last December of raping and murdering Diane Werendowicz in 1981. Her partially clothed body was found face-down in a creek.

[...]

A jury found Badgerow guilty at his first trial, which was overturned on appeal. Jurors at his second trial could not come to a unanimous decision and it ended with a mistrial. The same thing happened at his third trial. His fourth trial, which took place in Kitchener over three months last fall, was the first time a jury was allowed to hear all the evidence in the case.

https://www.thespec.com/news-story/7520063-convicted-killer-badgerow-makes-bail/

 

[Kamille]

I am disgusted by how the legal system has worked in this guy's favour all these years. For 17 years he kept quiet about his so called "consensual sex" with the victim on the night she was murdered until advancements in DNA technology caught up to him. And none of the 4 jury's heard ALL of the evidence against him, even though 2 of them still convicted him. If his conviction is overturned again for a new trial that will be his 5th one. Best 3 out of 5? Ridiculous.

MOO

 

[Kamille]

Link to the decision...

http://www.ontariocourts.ca/decisions/2017/2017ONCA0670.htm

 

[deugirtni]

I am disgusted by how the legal system has worked in this guy's favour all these years. For 17 years he kept quiet about his so called "consensual sex" with the victim on the night she was murdered until advancements in DNA technology caught up to him. And none of the 4 jury's heard ALL of the evidence against him, even though 2 of them still convicted him. If his conviction is overturned again for a new trial that will be his 5th one. Best 3 out of 5? Ridiculous.

MOO

Just as much as the jury was prevented from hearing all of the details that may seem to indicate guilt, they were also prevented from hearing all of the details that may seem to indicate non-guilt. A very interesting case, for sure.

 

[Kamille]

Just as much as the jury was prevented from hearing all of the details that may seem to indicate guilt, they were also prevented from hearing all of the details that may seem to indicate non-guilt. A very interesting case, for sure.

What is the evidence that indicates non guilt? His DNA was found in/on the victim. He didn't say anything to police about their "encounter" for 17 years. I don't believe a word of his "consensual sex" story.

MOO

 

[Claroon]

Convicted killer Badgerow makes bail

Convicted killer Robert Badgerow is being released on bail.

While his mom is planning a barbecue to welcome him home, his victim's family is angry — but not surprised — that the justice system has once again put the rights of a killer before a victim.

[...]

The Court of Appeal in Toronto heard Badgerow's bail application earlier this month. Lawyers and family were notified of the decision Thursday while the official written decision from the court is expected Friday.

Badgerow, the first person in Canada to be tried four times for the same first-degree murder, was found guilty last December of raping and murdering Diane Werendowicz in 1981. Her partially clothed body was found face-down in a creek.

[...]

A jury found Badgerow guilty at his first trial, which was overturned on appeal. Jurors at his second trial could not come to a unanimous decision and it ended with a mistrial. The same thing happened at his third trial. His fourth trial, which took place in Kitchener over three months last fall, was the first time a jury was allowed to hear all the evidence in the case.

https://www.thespec.com/news-story/7520063-convicted-killer-badgerow-makes-bail/

Oh I just caught that. It's been so troubling not to know all the details like in a TV show. Wish we could hear a complete confession and know for sure who did the phone call.

The only way in my mind he was guilty was if she ran away after putting her jeans back on and he chased her because no rapist will put clothes back on before he murders.

If he is re-tried again, I'd like to see records brought in from further back like the conversation to girl friends about breaking up with CV even if she was pregnant...

Was she broken up with CV or not? If so, why did he see her the previous Monday and she call him that day? If not, why didn't he see her on her birthday? And if he missed the birthday date, why did he take off for up north the next day?

Wish we could know the truth.

 

[Claroon]

What is the evidence that indicates non guilt? His DNA was found in/on the victim. He didn't say anything to police about their "encounter" for 17 years. I don't believe a word of his "consensual sex" story.

MOO

The DNA confirms sexual intercourse, but what DNA confirms murder?

 

[deugirtni]

What is the evidence that indicates non guilt? His DNA was found in/on the victim. He didn't say anything to police about their "encounter" for 17 years. I don't believe a word of his "consensual sex" story.

MOO

Kamille.. there is a LOT of reading in this case.. so many trials.. and court documents, judge decisions, etc.. if you look at *everything*, as opposed to just the 'obvious', there is a lot of doubt, imho. Lots of stuff wasn't allowed to be presented at trial (which would have been a benefit to the accused, imo, had it been known).. things pertaining to both this girl's murder, as well as the sexual assault on the other woman (which trial was dismissed before it really even got going).. things just don't add up.

 

[deugirtni]

https://www.thespec.com/news-story/...-37-years-in-the-making/#.Wm8XONDCkQE.twitter

 

[Claroon]

I guess with winter weather in spring boredom I've been rattling this story around in my brain again. Too much of the investigation that we never knew about or wasn't reported in the case. I can picture a scenario, but it is little more than a picture with inconclusive evidence. For instance, she met with her boyfriend and his friend the week before. Can't recall if we know who this friend is nor what transpired at that meetup that she apparently left and walked home from.

Rattling around the comment from a friend on old CanadaLi documents that said she told her even if she was pregnant she would still breakup with CV. Was she pregnant? Was she breaking up? Then the phone call at work from CV the day she was murdered. Did he call for pregnancy test results? Did he wish her happy birthday?

Did he show up at her apt to set the record straight or to wish her happy birthday after work, see the flowers, 2 glasses, pot/cigarette butts and make an assumption and in anger go looking for her finding her, chasing her in his biker boots and then killing her for the breakup and possible idea of abortion or pregnancy where he might have wanted or not wanted a baby? I know it's inuendo, but also circumstantial.

The witnesses pointed that sexual murders don't put the clothes back on their victim. I think parties changed between the sex and the murder.

The phone booth call thing isn't something I can wrap my mind around though. Seems to me it was a lighter haired dude seen at the phone which would comply with CV or maybe even the unnamed friend.

 

[deugirtni]

I guess with winter weather in spring boredom I've been rattling this story around in my brain again. Too much of the investigation that we never knew about or wasn't reported in the case. I can picture a scenario, but it is little more than a picture with inconclusive evidence. For instance, she met with her boyfriend and his friend the week before. Can't recall if we know who this friend is nor what transpired at that meetup that she apparently left and walked home from.

Rattling around the comment from a friend on old CanadaLi documents that said she told her even if she was pregnant she would still breakup with CV. Was she pregnant? Was she breaking up? Then the phone call at work from CV the day she was murdered. Did he call for pregnancy test results? Did he wish her happy birthday?

Did he show up at her apt to set the record straight or to wish her happy birthday after work, see the flowers, 2 glasses, pot/cigarette butts and make an assumption and in anger go looking for her finding her, chasing her in his biker boots and then killing her for the breakup and possible idea of abortion or pregnancy where he might have wanted or not wanted a baby? I know it's inuendo, but also circumstantial.

The witnesses pointed that sexual murders don't put the clothes back on their victim. I think parties changed between the sex and the murder.

The phone booth call thing isn't something I can wrap my mind around though. Seems to me it was a lighter haired dude seen at the phone which would comply with CV or maybe even the unnamed friend.

It's been a long time since I was familiar with all of the details in this case.

The call from Dofasco was also positively identified by a girlfriend and a friend as being the voice of the serial rapist who happened to also reside in the same building as DW at the time of her murder. I can't remember if LE even bothered to check the bf's voice against the recording, do you remember?

The jeans being on DW's body suggest that it's possible the murderer didn't rape her at all. If her boyfriend had come to surprise her after he got off work on her birthday, and had instead been dumped and/or told that she was going to terminate a pregnancy, the fetus of which he was the father, it's possible he could have lost it. Perhaps DW felt renewed confidence in dumping her bf, which she may have been considering for awhile, after getting picked up in a bar parking lot by some not-so-bad-looking guy. Some females *have* been known to also enjoy sex and one-night-stands, it's possible that DW was one of them, even unbeknownst to her girlfriends.

If the murder had been a crime of passion without a rape, that could explain why there wasn't a similar case in the 37 years following this murder. If RB had been a rapist/killer, then why weren't there more crimes for which he was suspected in, considering he walked free for the first 16 years after this murder before he even became a suspect, and was eventually incarcerated for only 11 of those 37 years. Aren't rapists usually needing to do it over and over again? Somehow I doubt if raping and murdering a stranger is a first-time incident, nor a one-time-only event. jmo.

 

[iulia]

Susan Clairmont: Appeal of conviction for murderer and rapist Robert Badgerow denied

Robert Badgerow's appeal has failed — nearly 40 years after he raped and murdered Diane Werendowicz.

The Court of Appeal for Ontario dismissed the former steelworker's appeal of his conviction this morning, affirming the guilty verdict handed down by a jury at his unprecedented fourth trial in 2016.

 

[CastlesBurning]

Four Hamilton crimes solved through the use of DNA evidence