GUILTY Canada - Diane Werendowicz, 23, raped & murdered, Hamilton, Ont, June 1981
- Thread starter redheart
- Start date
OK for now I will post more. Easier to refer to if questions in the future. (There are photos on SC's feed)
Twitter Feeds Susan Clairmont, October 3, 2016 ‏@susanclairmont
Next Crown witness is Dennis Watkins. #Badgerow #hamont
Watkins began with @HamiltonPolice as a cadet in 1970. Retired in 2006. In 1981 he was working in the identification uni
He is given permission to refer to his notes. On June 20 1981 he responded to Lake Avenue north of Queenston Road at 8:30 p.m.
He understood it was a homicide investigation. He was told to take two photos. We're seeing photos of the scene. #
Watkins was sent to Diane's apartment. Went to her car in the parking lot.
Now seeing photo of Diane's car in parking garage at 70 Jerome Cres. He examined it for fingerprints. "It's just like in the movies really.
Watkins explains dusting for prints. "It will stick to the ridges...theoretically in a perfect world." Some surfaces are better for prints
he next day, Watkins attended the autopsy at Hamilton General Hospital morgue.
Dr. Foster was the pathologist who did the autopsy. Coroner was Dr. Szabo
Detective Sutton is now deceased. He and Det. Harris were present
Pathologist hands over items to police forensic officer at an autopsy. Properly bagged, labelled, stored for later examination.
Morgue attendant removed clothing from Diane and turned items over to Watkins at 9:45 a.m. Starting with two green socks. Plaid.
Crown Cheryl Gzik holding up Diane's blue jeans for jury. She is wearing gloves. This is police photo.
Items seized during the autopsy were sent to Toronto's Centre of Forensic Science for examination, the jury hears
Now Diane's white patterned blouse being shown to the jury.
Now Diane's "off-white" bra is shown to the jury. Gzik is having Watkins note the evidence number for each item
Now Diane's "beige nylon tote bag." Jury has heard its straps were around her neck. Died of strangulation/drowning
Gzik holds up the bag. #Badgerow watches her.
Gzik is now showing a small cosmetic pouch that would have been inside Diane's bag. She empties its contents for jury to see.
I can see a $1 bill, a small bottle of Nivea cream. Sunglasses. A hairbrush. A nail file. Keys. Loose change. A bobby pin.
A necklace, 2 pierced earrings, 1 gold ring, 1 Cameo ring were also seized, Watkins tells the court.
Watkins also given dirt from Diane's body and fingernail cuttings. Placed into small vials.
At least 4 bankers boxes of Diane's belongings sitting near Crown table. Next exhibit is envelope of pubic hair. Crown alleges rape.
If rape and murder are part of the same incident, it automatically elevates the homicide to a first degree murder charge.
Next, 2 tubes of Diane's blood. Vaginal washings. Urine. 3 vaginal swabs. Anal swab.
A swab from Diane's mouth...many of the seven women/6 men of the jury are taking notes.
"Debris from the deceased's mouth was also handed to me," says Watkins.
Watkins said some evidence, including tire found on top of Diane, were taken to @OPP_News for fingerprinting with a laser.
Gzik done her exam in chief. Now Silverstein for cross.
Watkins says other officers were "primarily conducting the search" of the crime scene. He agrees there was a lot of "debris" strewn about.
There were beer bottles and other litter in the ravine, Watkins agrees. "There was evidence there'd been some drinking going on."
Retired officer Watkins speaks low and slow from the witness stand. #
Watkins says items that looked like they'd been there a long time were not collected. No beer bottles or cigarette butts.
18 items seized from the crime scene & sent to CFS in Toronto, Silverstein suggests. Watkins says there are also "supplementary" items.
Watkins being asked how he dealt with the wet clothing Diane was wearing. At previous trial, he said he put each item into separate bag.
Watkins says he held the bag open while someone else "slid it in" to the bag.
There is a back and forth between Watkins and Silverstein about who put the clothing into bags. Earlier, Watkins testified he did. Today..
...he testified someone else did. He agrees his memory would have been more accurate at a previous trial. 35 years has passed since murder.
Silverstein says now we're more aware and careful of cross-contamination. Back in 1981, Watkins would have used bare hands to handle items.
Silverstein asks how combed pubic hair sample got into envelope. Watkins says "I wasn't exactly hovering over (Dr. Foster)."
Silverstein now putting on blue latex gloves to handle the evidence.
Silverstein and Watkins are carefully examining envelope that contained pubic combings. Discussing how it had been sealed. Tape? Saliva?
There is old, yellowed tape on envelope...Justice Patrick Flynn orders morning break.
Jury is back and Silverstein is cross-examining Watkins on sealing of an envelope 35 years ago.
Silverstein is done. Re-exam by Gzik.
n earlier testimony Watkins says someone else put the comb and hair inside the envelope. Then Watkins took the envelope.
Watkins is done. Next witness is Ross Wood.
Wood is a retired police officer from @rcmpgrcpolice (1965-1969) and @HamiltonPolice (1970-2000). He was uniformed patrol on June 20, 1981.
Called to a 10-45 - code for a deceased person. He spoke to four young children. They took him down to the area with Officer Mike Cole.
He was dispatched at 7:05 p.m., arrived at 7:07 p.m. Met kids: Aaron Lauzier, John Temple, Jerry Wallace instead, Debbie Sanderson.
Jury is seeing a dispatch card that tracks where an officer was sent and when.
"They thought they found a dead body laying in the creek." One kid initially thought it may be a mannequin, then they looked closer.
"Someone or something had been dragged," Wood says of "tramped down" area in the long grass.
Wood took rope out of cruisers and then asked @HFD_Incidents to come to scene with more rope to help cordon off the scene.
Wood asked about 10 adults and about 4 youths in area to leave the scene. Body was on east side of creek, lying face down
The right arm was extended out and up...with the hand clutched around what looked to be a branch."
"A rubber tire over the head with the back of the head in the centre of the tire." -- Wood describes Diane's body in the creek.
I put somewhere around mid-late teen," says Wood. Diane was 23. "Appeared to be 5'5", 130 lbs, appeared to be black hair."
Wood says he spent only about 30 seconds observing the position of the body. He never went back to the body that evening in 1981.
Now cross by Silverstein. Wood says he doesn't know how many times the 4 kids looked at the body. Or what time they found the body.
At 2011 trial, he was asked about 4 times kids saw body and he said "Roughly." Wood admits his memory has faded.
I know they all went down to the creek. How many times they went down to the creek, I don't know," Wood says.
Wood agrees he "probably" had to yell at some of the spectators to move away from the scene. Encouraged adults to report what they had seen.
Wood never asked crowd if they were responsible for trampled grass.
At previous trial Wood accepted that kids played in the area often and could have been responsible for the "trodden" grass.
Silverstein is done. Gzik on her feet to re-exam. Wood's notes about two "tramped down" areas. He's now excused.
Next witness is Yvonne (Febez) Nardi. Her DOB is March 3, 1969. She was 12 in 1981. Lived on Lake Avenue North.
That weekend in 1981, her mother was away. Three older sisters. "They always watched over me."
Her mother was a single mom. "I'd gone to bed at 11:30. It was the latest they'd let me stay up." Heard "yelling, screaming, arguing."
Five bars in her area, so sometimes people would be noisy. "It was just a common thing." Woke from a noise the night Diane died.
Next day, she & friend went to mall until 7 p.m. On way home, "there was police tape." Her sister told her there was a body in the creek.
Told a police officer she heard a noise the night before at about 11 p.m. and it woke her up. Seeing photo of her house.
I always sleep with my window open. Even then." Bedtime 11:30 p.m. After awakened, she put the pillow over her head and back to sleep.
Thinks she came home around 7 p.m. after hanging with friends at the mall. Malls weren't open on Sundays.
Her sister told her police found a body. Nardi says she did not know cause of death. Remembers sidewalk on only 1 side of Queenston.
"When we went to school there was rumours that a woman had been killed," she says.
Five bars in the area of her house, including Malarkey's at Fiesta Mall. Bar noise: "It was something you became acclimatized to."
She wasn't formally interviewed until February 2000 by Officer McKittrick and Officer...she just remembers a W. (Wayne Bennett.)
"I'm a very light sleeper. It takes me a while to go to sleep," she says. ....Gzik is done. Cross will be after the lunch break.
The jury is back and Yvonne Nardi is still on the stand. Cross is starting. She gave statement to police in 2000 about murder in 1981.
Typically 1:30-2:30 a.m. was when she would hear people coming home from bars.
No more questions. Witness is excused.
Next is a "read-in" from James Jeffrey. A reminder that a read-in of previous testimony happens when a witness has died or cannot testify.
He was a funeral director who did "body removals."
He was paged by @HamiltonPolice to do body removal on June 20, 1981. "They suspected homicide." Took body to Hamilton General Hospital.
"I recall seeing the body on a sheet," he testified. "We lifted her, placed her in a body pouch."
There was an "unwritten policy" that "what you see here, stays here." He mentioned to his wife that he had a police call that night.
Says he did not give his wife any specific information. Crown is done their part of the read-in. Now defence will read-in the cross-exam.
Boris Bytensky, #Badgerow's former lawyer, did cross. "I discussed the fact I had a body removal, but not the specifics, no," said Jeffrey.
He wasn't interviewed by police until 1999, he testified.
Ground sheet her body was on belonged to police. He could see her lying on her back. He didn't initially notice purse strap around her neck.
He did see the purse straps around Diane's neck eventually, he testified.
"She gets unwrapped when she gets to the morgue?" asked Bytensky. Witness agreed.
He was asked if Diane's face was cleaned at some point. Jeffrey said sometimes it would be cleaned before body is viewed for identification.
Jeffrey could not say if any other funeral home staff told anybody about the crime scene and what they saw... Defence read-in done. Re-exam.
Jeffrey asked about footprints on ground sheet near Diane's body. He says he can see footprints in a police photo.
Seeing, again, photo of Diane's body on the sheet. Appears to be dirt marks on sheet near her body.
Now seeing the forensic pathology report for Diane.
One more read-in today for James Caruzzi who has passed away.
Twitter Feeds Susan Clairmont, October 3, 2016 ‏@susanclairmont
Next Crown witness is Dennis Watkins. #Badgerow #hamont
Watkins began with @HamiltonPolice as a cadet in 1970. Retired in 2006. In 1981 he was working in the identification uni
He is given permission to refer to his notes. On June 20 1981 he responded to Lake Avenue north of Queenston Road at 8:30 p.m.
He understood it was a homicide investigation. He was told to take two photos. We're seeing photos of the scene. #
Watkins was sent to Diane's apartment. Went to her car in the parking lot.
Now seeing photo of Diane's car in parking garage at 70 Jerome Cres. He examined it for fingerprints. "It's just like in the movies really.
Watkins explains dusting for prints. "It will stick to the ridges...theoretically in a perfect world." Some surfaces are better for prints
he next day, Watkins attended the autopsy at Hamilton General Hospital morgue.
Dr. Foster was the pathologist who did the autopsy. Coroner was Dr. Szabo
Detective Sutton is now deceased. He and Det. Harris were present
Pathologist hands over items to police forensic officer at an autopsy. Properly bagged, labelled, stored for later examination.
Morgue attendant removed clothing from Diane and turned items over to Watkins at 9:45 a.m. Starting with two green socks. Plaid.
Crown Cheryl Gzik holding up Diane's blue jeans for jury. She is wearing gloves. This is police photo.
Items seized during the autopsy were sent to Toronto's Centre of Forensic Science for examination, the jury hears
Now Diane's white patterned blouse being shown to the jury.
Now Diane's "off-white" bra is shown to the jury. Gzik is having Watkins note the evidence number for each item
Now Diane's "beige nylon tote bag." Jury has heard its straps were around her neck. Died of strangulation/drowning
Gzik holds up the bag. #Badgerow watches her.
Gzik is now showing a small cosmetic pouch that would have been inside Diane's bag. She empties its contents for jury to see.
I can see a $1 bill, a small bottle of Nivea cream. Sunglasses. A hairbrush. A nail file. Keys. Loose change. A bobby pin.
A necklace, 2 pierced earrings, 1 gold ring, 1 Cameo ring were also seized, Watkins tells the court.
Watkins also given dirt from Diane's body and fingernail cuttings. Placed into small vials.
At least 4 bankers boxes of Diane's belongings sitting near Crown table. Next exhibit is envelope of pubic hair. Crown alleges rape.
If rape and murder are part of the same incident, it automatically elevates the homicide to a first degree murder charge.
Next, 2 tubes of Diane's blood. Vaginal washings. Urine. 3 vaginal swabs. Anal swab.
A swab from Diane's mouth...many of the seven women/6 men of the jury are taking notes.
"Debris from the deceased's mouth was also handed to me," says Watkins.
Watkins said some evidence, including tire found on top of Diane, were taken to @OPP_News for fingerprinting with a laser.
Gzik done her exam in chief. Now Silverstein for cross.
Watkins says other officers were "primarily conducting the search" of the crime scene. He agrees there was a lot of "debris" strewn about.
There were beer bottles and other litter in the ravine, Watkins agrees. "There was evidence there'd been some drinking going on."
Retired officer Watkins speaks low and slow from the witness stand. #
Watkins says items that looked like they'd been there a long time were not collected. No beer bottles or cigarette butts.
18 items seized from the crime scene & sent to CFS in Toronto, Silverstein suggests. Watkins says there are also "supplementary" items.
Watkins being asked how he dealt with the wet clothing Diane was wearing. At previous trial, he said he put each item into separate bag.
Watkins says he held the bag open while someone else "slid it in" to the bag.
There is a back and forth between Watkins and Silverstein about who put the clothing into bags. Earlier, Watkins testified he did. Today..
...he testified someone else did. He agrees his memory would have been more accurate at a previous trial. 35 years has passed since murder.
Silverstein says now we're more aware and careful of cross-contamination. Back in 1981, Watkins would have used bare hands to handle items.
Silverstein asks how combed pubic hair sample got into envelope. Watkins says "I wasn't exactly hovering over (Dr. Foster)."
Silverstein now putting on blue latex gloves to handle the evidence.
Silverstein and Watkins are carefully examining envelope that contained pubic combings. Discussing how it had been sealed. Tape? Saliva?
There is old, yellowed tape on envelope...Justice Patrick Flynn orders morning break.
Jury is back and Silverstein is cross-examining Watkins on sealing of an envelope 35 years ago.
Silverstein is done. Re-exam by Gzik.
n earlier testimony Watkins says someone else put the comb and hair inside the envelope. Then Watkins took the envelope.
Watkins is done. Next witness is Ross Wood.
Wood is a retired police officer from @rcmpgrcpolice (1965-1969) and @HamiltonPolice (1970-2000). He was uniformed patrol on June 20, 1981.
Called to a 10-45 - code for a deceased person. He spoke to four young children. They took him down to the area with Officer Mike Cole.
He was dispatched at 7:05 p.m., arrived at 7:07 p.m. Met kids: Aaron Lauzier, John Temple, Jerry Wallace instead, Debbie Sanderson.
Jury is seeing a dispatch card that tracks where an officer was sent and when.
"They thought they found a dead body laying in the creek." One kid initially thought it may be a mannequin, then they looked closer.
"Someone or something had been dragged," Wood says of "tramped down" area in the long grass.
Wood took rope out of cruisers and then asked @HFD_Incidents to come to scene with more rope to help cordon off the scene.
Wood asked about 10 adults and about 4 youths in area to leave the scene. Body was on east side of creek, lying face down
The right arm was extended out and up...with the hand clutched around what looked to be a branch."
"A rubber tire over the head with the back of the head in the centre of the tire." -- Wood describes Diane's body in the creek.
I put somewhere around mid-late teen," says Wood. Diane was 23. "Appeared to be 5'5", 130 lbs, appeared to be black hair."
Wood says he spent only about 30 seconds observing the position of the body. He never went back to the body that evening in 1981.
Now cross by Silverstein. Wood says he doesn't know how many times the 4 kids looked at the body. Or what time they found the body.
At 2011 trial, he was asked about 4 times kids saw body and he said "Roughly." Wood admits his memory has faded.
I know they all went down to the creek. How many times they went down to the creek, I don't know," Wood says.
Wood agrees he "probably" had to yell at some of the spectators to move away from the scene. Encouraged adults to report what they had seen.
Wood never asked crowd if they were responsible for trampled grass.
At previous trial Wood accepted that kids played in the area often and could have been responsible for the "trodden" grass.
Silverstein is done. Gzik on her feet to re-exam. Wood's notes about two "tramped down" areas. He's now excused.
Next witness is Yvonne (Febez) Nardi. Her DOB is March 3, 1969. She was 12 in 1981. Lived on Lake Avenue North.
That weekend in 1981, her mother was away. Three older sisters. "They always watched over me."
Her mother was a single mom. "I'd gone to bed at 11:30. It was the latest they'd let me stay up." Heard "yelling, screaming, arguing."
Five bars in her area, so sometimes people would be noisy. "It was just a common thing." Woke from a noise the night Diane died.
Next day, she & friend went to mall until 7 p.m. On way home, "there was police tape." Her sister told her there was a body in the creek.
Told a police officer she heard a noise the night before at about 11 p.m. and it woke her up. Seeing photo of her house.
I always sleep with my window open. Even then." Bedtime 11:30 p.m. After awakened, she put the pillow over her head and back to sleep.
Thinks she came home around 7 p.m. after hanging with friends at the mall. Malls weren't open on Sundays.
Her sister told her police found a body. Nardi says she did not know cause of death. Remembers sidewalk on only 1 side of Queenston.
"When we went to school there was rumours that a woman had been killed," she says.
Five bars in the area of her house, including Malarkey's at Fiesta Mall. Bar noise: "It was something you became acclimatized to."
She wasn't formally interviewed until February 2000 by Officer McKittrick and Officer...she just remembers a W. (Wayne Bennett.)
"I'm a very light sleeper. It takes me a while to go to sleep," she says. ....Gzik is done. Cross will be after the lunch break.
The jury is back and Yvonne Nardi is still on the stand. Cross is starting. She gave statement to police in 2000 about murder in 1981.
Typically 1:30-2:30 a.m. was when she would hear people coming home from bars.
No more questions. Witness is excused.
Next is a "read-in" from James Jeffrey. A reminder that a read-in of previous testimony happens when a witness has died or cannot testify.
He was a funeral director who did "body removals."
He was paged by @HamiltonPolice to do body removal on June 20, 1981. "They suspected homicide." Took body to Hamilton General Hospital.
"I recall seeing the body on a sheet," he testified. "We lifted her, placed her in a body pouch."
There was an "unwritten policy" that "what you see here, stays here." He mentioned to his wife that he had a police call that night.
Says he did not give his wife any specific information. Crown is done their part of the read-in. Now defence will read-in the cross-exam.
Boris Bytensky, #Badgerow's former lawyer, did cross. "I discussed the fact I had a body removal, but not the specifics, no," said Jeffrey.
He wasn't interviewed by police until 1999, he testified.
Ground sheet her body was on belonged to police. He could see her lying on her back. He didn't initially notice purse strap around her neck.
He did see the purse straps around Diane's neck eventually, he testified.
"She gets unwrapped when she gets to the morgue?" asked Bytensky. Witness agreed.
He was asked if Diane's face was cleaned at some point. Jeffrey said sometimes it would be cleaned before body is viewed for identification.
Jeffrey could not say if any other funeral home staff told anybody about the crime scene and what they saw... Defence read-in done. Re-exam.
Jeffrey asked about footprints on ground sheet near Diane's body. He says he can see footprints in a police photo.
Seeing, again, photo of Diane's body on the sheet. Appears to be dirt marks on sheet near her body.
Now seeing the forensic pathology report for Diane.
One more read-in today for James Caruzzi who has passed away.
I was at jury selection. Judge's comments made me think well before Christmas.IMO due to how he responded so some people's reasons for not being able to do it. Of interest, judge also over-rode rules and jurors will get $100 a day from date of appearing for selection.
DexterMorgan
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Well if he is the Ravine Rapist. Then why isn't he connected via dna to all of these victims.
They are on a 4th trial from the same case.
Plus didn't he sit in prison for 10 years? So wouldn't that be time served if found guilty over there?
I don't know. But they need to state more about the evidence they actually have against him. Jmo.
But I must admit that this case is intriguing.
They are on a 4th trial from the same case.
Plus didn't he sit in prison for 10 years? So wouldn't that be time served if found guilty over there?
I don't know. But they need to state more about the evidence they actually have against him. Jmo.
But I must admit that this case is intriguing.
I think, yes, he was in prison 10 yrs and it took that long for his lawyer to get him an appeal. The appeal resulted in a hung jury, so he was let out. Then the case was retried with a new panel and again hung. I believe this one is because there is supposedly new evidence not heard at previous trials. It will be up to this current judge to sentence duration of time if he is found guilty. If it is first degree it is life with parole only possible after 25 yrs.
Bolded comments by me. Sorry, today you have to read bottom to top. It was so long tried a diff editing method.
Susan Clairmont Tweets from Kitchener Courthouse October 4, 2016 https://twitter.com/susanclairmont
Dr. Fernandes is finished on the stand. Jury is done for the day. #Badgerow
Fernandes cannot refute that hypothetical.
she put her jeans on, not her underwear, that she was attacked on the way home by someone else who had sex with her but did not ejaculate.
That Diane Werendowicz had consensual sex with Robert Badgerow between midnight and 1 p.m., (I'm sure meant 1 am)
Silverstein puts forward "a hypothetical" to Dr. Fernandes:
Sexual assault can involve intercourse or no intercourse, Fernandes says.
Now seeing photo of her stained jeans.
Badgerow's semen is not found in Diane's underwear (which she was not wearing) but was found in crotch of her jeans (which she was wearing.)
"She has had sexual relations with Mr. Badgerow at some point and she has had injuries that resulted in her death," says doctor.
There are no severe injuries to the genitalia in this examination...The presence of semen is not evidence of rape, the jury hears.
No injuries to any of those four places.
Jury is back. Fernandes still under cross by Silverstein. Questions are about the most common places to find injuries from sexual assault.
Jury getting a break. #Badgerow
Nothing in report about tire leaving a mark on Diane's back. Fernandes says he would expect a mark.
Again seeing Diane's autopsy photos. Specifically, a blue mark on her thigh. Bruise or dye from blue jeans? #Werendowicz #Badgerow
Silverstein suggests it isn't in report because it's not relevant. Fernandes says he doesn't know why Foster didn't include it in report.
Abdominal scar just above Diane's pubic bone was old and irrelevant to her death, agrees Fernandes. Not mentioned in Foster's report.
Absence or presence of injury in the vagina "doesn't tell you a lot," says Silverstein in reference to consent.
Foster saw no injury in the vagina and no evidence of blood.
After body is examined carefully and exterior samples taken, body is washed to expose all injuries.
Collect debris from the body during autopsy. Debris found in Diane's mouth.
The defence is now cross-examining forensic pathologist Dr. John Fernandes on vaginal swabs. #Badgerow
"...but the zipper was undone." Diane was not wearing underwear. Her blouse was unbuttoned.
Removing the clothing is a careful process during an autopsy. "In this case the waist of the jeans was closed, with a button...
Today, many photos taken during post mortem. Not so in 98 .
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In 98 "there was no DNA analysis available," says Silverstein. DNA eventually done in this case, no DNA found from Diane's nail clippings.
Victims of violent crime often struggle when attacked and sometimes scratch their attacker, ending up with DNA under fingernails.
Pathologist begins exam by simply observing the body the way it has arrived. #hamont
Fernandes assumes Dr. Foster would have consulted with police about crime scene...Diane's body arrived at morgue clothed, unwashed, wrapped.
Today, if pathologists can't go to crime scene, they consult police photos of crime scene. In 98 , photos had to be developed first.
Not all sexually related homicides include sexual penetration? Doctor agrees.
...with possible sexual component. #Badgerow
Establishing that Foster had an excellent reputation as a forensic pathologist. He would have known it was a post mortem for a homicide...
Crown has finished his exam in chief. Silverstein asks to be excused for a moment before he begins his cross. So we're all waiting...
"We cannot reach a conclusion" as to whether a deceased person consented or not, the doctor says.
Fernandes agrees with Dr. Foster's cause of death..."Mr. Badgerow was the last sexual contact with Ms. Werendowicz," says Fernandes.
Official cause of death for Diane was strangulation and drowning. The autopsy report is a legal document.
Most common motive for ligature strangulation in females is rape, according to one forensic expert pointed to by Crown and Fernandes.
Female sexual assault victim strangulation can reflect impulsivity and availability of weapon.
In 40 to 45 per cent of strangulations there is a sexual component to the act, says Fernandes. #Badgerow
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...mutilation of sex organs that leads to death. Diane's death was not a "lust murder" the doctor says.
Jury recalled after brief legal arguments. Fox asks what "lust murder" is. Fernandes says there are "lethal genital injuries" or...
Jury is sent out. This is the first time this has happened since evidence began at this trial. #Badgerow
Rape does not necessarily mean there will be injury to sexual organs...Silverstein asks to address Justice Flynn in absence of jury.
Presence of genital injury does not mean there was no consent. And an absence of genital injury does not mean consent was offered.
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Sperm was recovered from her cervix, so that means vaginal penetration. Not always injuries with sexual assault.
Jury is back and Dr. Fernandes is still under exam-in-chief by Crown Fox at #Badgerow murder trial.
Jury is being sent for lunch now. Back at 2: 5 p.m. #Badgerow
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"She's got a little bit of alcohol on board and she's starting to clear it," says Fernandes. "She's had a few drinks." #Badgerow
If urine alcohol level is higher than blood alcohol level, they are eliminating the alcohol. Roughly even in this case.
This is "a small amount of alcohol" says Fernandes. "This is just above the legal limit.
Collected urine and blood from Diane for toxicology testing for drugs and alcohol. 7 mg of alcohol in her blood.
Doctor says Diane was not wearing her panties after sexual encounter with #Badgerow.
Fox says #Bagerow's sperm was found in Diane's vagina, crotch of her jeans and not on her panties.
If there was vaginal penetration, semen can drain to anal area. Sperm in vagina means ejaculation into the vagina.
Swab from Diane's anus contained #Badgerow's DNA. But that does not necessarily mean anal penetration.
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DNA science was not available in 98 . #Badgerow
Some men are "excreters" whose blood group can be determined from their semen. This was useful for forensic analysis before DNA science.
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Now the difference between semen and sperm. Semen contains sperm and fluids. Sperm contains DNA.
Fernandes is unsure if police transporting samples signed in 98 ...Some samples are folded into a piece of paper.
Samples are sent to Toronto's Centre of Forensic Science in sealed and labelled containers. Today, police sign for chain of custody.
During sex, pubic hair can be exchanged & DNA can be transferred. Pubic hair & head hair is plucked from victim for "rape kit" and autopsy.
...vaginal swab, vaginal washings, mouth swab, anal swab, blood, all collected.
Samples from dirt on Diane's body, debris from her mouth, fingernail scrapings, pubic hair..
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Under microscope, shows hemorrhage in neck and indicates she likely died rapidly, jury hears. Also debris found in her bronchi.
No injury of Diane's skull or scalp. No abnormality in her brain. #Badgerow
Crown Fox asks about "fraud or threat" as it relates to consent. Silverstein objects. Fernandes is a doctor, not a legal expert.
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"We can't usually make any commentary about consent," says Fernandes.
If genital injuries are so serious that they caused death, a person cannot consent to that, doctor says.
Human beings cannot consent to lethal injury in most circumstances, says Fernandes. He adds assisted suicide is an exception.
Minor superficial injuries in vagina cannot show if there was consent or not for sex, Fernandes says. #Badgerow
Pathologist uses a magnifying scope to see subtle injuries to the vagina not visible to naked eye. Alternative is to remove all of it.
Fernandes is a trained gynaecologist. Explaining how a vaginal exam is conducted.
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Now Dr. Fernandes is going over autopsy results for Diane's sex organs. This is important because #Badgerow is charged with rape.
Diane's heart was normal and heathy. #Badgerow
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Can sometimes see water in their stomach from swallowing during drowning.
"Dry drowning" means a person drowns so quickly that lungs have no water in them. "It takes seconds to minutes to drown."
"She was clearly alive when she went into the water," says Fernandes. #Werendowicz #Badgerow
Trachea (windpipe) has bits of gravel, all the way into lungs. "This is strong evidence the person was alive when they were in the water."
She may have bit her own tongue. Or stones and debris in water may have caused lacerations to her tongue.
‏
No disease found in Diane's chest...Lacerations on tongue that occurred "during the dying process."
‏
Voice box removed during dissection. Foreign material found above Diane's vocal cords, bruises on muscles. Indications of strangulation.
‏
Hemorrhage in Diane's neck goes through her whole muscle, report says.
‏
Sometimes get DNA from attacker if victim has fought back, says Fernandes. No significant findings under Diane's fingernails.
People "often try to remove the ligature" when strangled by ligature. Even happens in suicide when people change mind at last moment.
Fingernail scraping samples were taken from Diane. Fernandes says when homicide is suspected, samples typically taken from fingernails.
‏
Jury is back, Dr. Fernandes is still on the stand going over Diane Werendowicz's autopsy report. #Badgerow
Jury excused for a break. #Badgerow #hamont
Blunt force injuries, sharp force injuries or firearm injuries are the three categories. This is blunt force. He calls it "ligature mark."
Laceration is open bleeding wound.
‏
Difference between a mark, a bruise, an abrasion. Abrasion is sloughing off of skin cells. Bruise is bleeding into tissue.
Unconsciousness could take 10 to 15 seconds. Death takes 4 to 8 minutes. #Badgerow
‏
10 to 12 pounds of pressure to block arteries. To include airway takes 25 pounds of pressure.
More force can break bones in neck. Four pounds of pressure for 10-15 seconds to block veins.
‏
Fernandes says video tapes of hangings help doctors understand this. Blocks veins from supplying blood to head and heart. Blocks airway.
Fox: How long does one have to be strangled before resistance is lessened?
‏
Jury seems stoic looking at these autopsy photos. There are also students in the courtroom for this. #Badgerow
‏
Darker side of the mark across her neck is likely where the purse strap was twisted tightly. Fainter side is where her hair was caught.
Now photos of Diane's neck at autopsy. Mark across front of her neck is very obvious. Being shown on giant screen above #Badgerow's head.
A detailed description of that mark is in report. "Faint purplish discolouration." Also mark on back of neck at base of skull.
Red mark or abrasion on front of Diane's neck near collar bone and passes across Adam's apple.
Seeing photo of Diane's legs at autopsy. Doctor says the indentations are ly from branches in the creek. #Badgerow
Indentation marks on front of Diane's legs. "A compression point." When lying face down in creek, something pressing against her legs.
‏
Dirt, leaf material and small stones found in Diane's mouth. Seeing photo of Diane's mouth being opened during autopsy. Bruise on her lip.
‏
Fernandes talking about what order he removes organs from a body to allow blood to drain from the neck.
‏
Doctor says when he sees pinpoint hemorrhages, it could be an indication of strangulation and he should dissect neck very carefully.
Fernandes is describing pinpoint hemorrhage in eyes. "They reflect an increased pressure in the veins."
As I have said many times before, being a juror is a tough job. Seeing photos this is not easy. #Badgerow
Now a different autopsy photo of Diane's face. Faint purple mark on left cheek and left upper eyelid and lower eyelid.
Now seeing a photo of Diane's face during autopsy. Her left beye is being examined. There is a hemorrhage on white of eye.
‏
Above Diane's right eyebrow was small abrasion. Whites of eyes "congested."
Report says strap of her purse was twisted tightly around her neck. Fernandes saw that in photos.
Died within 24 hours of being found. She was found shortly after 7 p.m. June 20, 98 , jury hears.
She did not have advanced decomposition. He knows that because when decomposition happens, rigor disappears.
...and position her body was kept in at the morgue. #Badgerow
Livor is the pooling of the blood in the body by gravity. She had both front and back livor because of position she was found in...
Her body was "refrigerated" in the cold creek water. Fernandes says she was likely dead for a few hours before she was found.
Diane, 23, blonde, eyes hazel. Pupils round and equal. Natural teeth. "Riga mortis strong." That is the stiffening of the body after death.
In Ontario, body temperature is not used in determining time of death because it is not very accurate, says Fernandes.
Diane was 5 foot nine, 132 pounds. #Badgerow
In 98 , film was used. Wasn't until photos were developed that death investigator would know if image was captured properly. #Badgerow
Now when autopsy done, photos taken of everything so someone else taking up file could review it independently. Wasn't that in 98 .
Fox takes Fernandes through autopsy report. Started at 9:30 a.m. Identified by "toe tag." Police officers and morgue attendants present.
Fox passing to jurors a photo of a scar and a bruise on Diane's body. Rest of the court is not seeing the photo.
Jury is not being shown that photo...Also scar on her thigh, court hears.
Fox asks if doctor saw a description of a scar. Fernandes says he did not. Now looking at a photo that shows a surgical scar not in report.
"I think that you can confidently know major findings were not found" in the undocumented areas, the doctor says.
Fernandes says that is likely because there were no injuries there, but he can't know that for sure. #Badgerow
"There are valuable components of this autopsy," says Fernandes. But also "deficiencies" such as no description of Diane's back.
"The level of documentation has changed considerably," says Fernandes, who never knew Foster.
Dr. Foster, original forensic pathologist, has died. So Fernandes has been asked to review the case.
Autopsy report for Dianna Louisa Werendowicz being shown on screens. #Badgerow
Fernandes says "She died of a combination of ligature strangulation and drowning." #Werendowicz #Badgerow #hamont
Fox: "We're not going to show dissections of various parts of the body." The doctor, however, has looked at those photos.
June 2 , 98 , Dr. Foster did the autopsy. Fernandes has reviewed the original autopsy report and photos taken at the time. #Badgerow
Again a photo of Diane's body after it has been brought out of creek. Lying on a tarp. #Badgerow
Seeing photo of her shoes and panties on ground not far from her body. #Badgerow
Court is once again seeing police photo of Diane's body in the creek, a tire on top of her upper body. #Badgerow
Fernandes was not the original forensic pathologist on the Diane Werendowicz murder case. #Badgerow
Defence does not oppose. Justice Patrick Flynn grants the doctor expert status.
Crown Michael Fox is asking that Fernandes be qualified as an expert in the field of forensic pathology and gynaecology.
Fernandes does 250 to 300 autopsies per year, the jury hears. #Badgerow
Fernandes has lectured on sexual assault, drowning and handling of evidence -- all issues at play in this trial. #Badgerow #hamont
I left out a letter. It's Fernandes. added,
Forensic pathologist Dr. John Fernades is taking the stand at the Robert #Badgerow murder trial. #hamont
We're still going through the doctor's CV. I said -- impressive.
Fernandes is medical director of the pathology unit at Hamilton Health Sciences. Also chief of laboratory medicine. #Badgerow #hamont
I think I have Dr. Fernandes' very impressive CV memorized. I have seen him testify at countless murder trials. #hamont
Forensic pathologist Dr. John Fernades is taking the stand at the Robert #Badgerow murder trial. #hamont
Susan Clairmont Tweets from Kitchener Courthouse October 4, 2016 https://twitter.com/susanclairmont
Dr. Fernandes is finished on the stand. Jury is done for the day. #Badgerow
Fernandes cannot refute that hypothetical.
she put her jeans on, not her underwear, that she was attacked on the way home by someone else who had sex with her but did not ejaculate.
That Diane Werendowicz had consensual sex with Robert Badgerow between midnight and 1 p.m., (I'm sure meant 1 am)
Silverstein puts forward "a hypothetical" to Dr. Fernandes:
Sexual assault can involve intercourse or no intercourse, Fernandes says.
Now seeing photo of her stained jeans.
Badgerow's semen is not found in Diane's underwear (which she was not wearing) but was found in crotch of her jeans (which she was wearing.)
"She has had sexual relations with Mr. Badgerow at some point and she has had injuries that resulted in her death," says doctor.
There are no severe injuries to the genitalia in this examination...The presence of semen is not evidence of rape, the jury hears.
No injuries to any of those four places.
Jury is back. Fernandes still under cross by Silverstein. Questions are about the most common places to find injuries from sexual assault.
Jury getting a break. #Badgerow
Nothing in report about tire leaving a mark on Diane's back. Fernandes says he would expect a mark.
Again seeing Diane's autopsy photos. Specifically, a blue mark on her thigh. Bruise or dye from blue jeans? #Werendowicz #Badgerow
Silverstein suggests it isn't in report because it's not relevant. Fernandes says he doesn't know why Foster didn't include it in report.
Abdominal scar just above Diane's pubic bone was old and irrelevant to her death, agrees Fernandes. Not mentioned in Foster's report.
Absence or presence of injury in the vagina "doesn't tell you a lot," says Silverstein in reference to consent.
Foster saw no injury in the vagina and no evidence of blood.
After body is examined carefully and exterior samples taken, body is washed to expose all injuries.
Collect debris from the body during autopsy. Debris found in Diane's mouth.
The defence is now cross-examining forensic pathologist Dr. John Fernandes on vaginal swabs. #Badgerow
"...but the zipper was undone." Diane was not wearing underwear. Her blouse was unbuttoned.
Removing the clothing is a careful process during an autopsy. "In this case the waist of the jeans was closed, with a button...
Today, many photos taken during post mortem. Not so in 98 .
‏
In 98 "there was no DNA analysis available," says Silverstein. DNA eventually done in this case, no DNA found from Diane's nail clippings.
Victims of violent crime often struggle when attacked and sometimes scratch their attacker, ending up with DNA under fingernails.
Pathologist begins exam by simply observing the body the way it has arrived. #hamont
Fernandes assumes Dr. Foster would have consulted with police about crime scene...Diane's body arrived at morgue clothed, unwashed, wrapped.
Today, if pathologists can't go to crime scene, they consult police photos of crime scene. In 98 , photos had to be developed first.
Not all sexually related homicides include sexual penetration? Doctor agrees.
...with possible sexual component. #Badgerow
Establishing that Foster had an excellent reputation as a forensic pathologist. He would have known it was a post mortem for a homicide...
Crown has finished his exam in chief. Silverstein asks to be excused for a moment before he begins his cross. So we're all waiting...
"We cannot reach a conclusion" as to whether a deceased person consented or not, the doctor says.
Fernandes agrees with Dr. Foster's cause of death..."Mr. Badgerow was the last sexual contact with Ms. Werendowicz," says Fernandes.
Official cause of death for Diane was strangulation and drowning. The autopsy report is a legal document.
Most common motive for ligature strangulation in females is rape, according to one forensic expert pointed to by Crown and Fernandes.
Female sexual assault victim strangulation can reflect impulsivity and availability of weapon.
In 40 to 45 per cent of strangulations there is a sexual component to the act, says Fernandes. #Badgerow
‏
...mutilation of sex organs that leads to death. Diane's death was not a "lust murder" the doctor says.
Jury recalled after brief legal arguments. Fox asks what "lust murder" is. Fernandes says there are "lethal genital injuries" or...
Jury is sent out. This is the first time this has happened since evidence began at this trial. #Badgerow
Rape does not necessarily mean there will be injury to sexual organs...Silverstein asks to address Justice Flynn in absence of jury.
Presence of genital injury does not mean there was no consent. And an absence of genital injury does not mean consent was offered.
‏
Sperm was recovered from her cervix, so that means vaginal penetration. Not always injuries with sexual assault.
Jury is back and Dr. Fernandes is still under exam-in-chief by Crown Fox at #Badgerow murder trial.
Jury is being sent for lunch now. Back at 2: 5 p.m. #Badgerow
‏
"She's got a little bit of alcohol on board and she's starting to clear it," says Fernandes. "She's had a few drinks." #Badgerow
If urine alcohol level is higher than blood alcohol level, they are eliminating the alcohol. Roughly even in this case.
This is "a small amount of alcohol" says Fernandes. "This is just above the legal limit.
Collected urine and blood from Diane for toxicology testing for drugs and alcohol. 7 mg of alcohol in her blood.
Doctor says Diane was not wearing her panties after sexual encounter with #Badgerow.
Fox says #Bagerow's sperm was found in Diane's vagina, crotch of her jeans and not on her panties.
If there was vaginal penetration, semen can drain to anal area. Sperm in vagina means ejaculation into the vagina.
Swab from Diane's anus contained #Badgerow's DNA. But that does not necessarily mean anal penetration.
‏
DNA science was not available in 98 . #Badgerow
Some men are "excreters" whose blood group can be determined from their semen. This was useful for forensic analysis before DNA science.
‏
Now the difference between semen and sperm. Semen contains sperm and fluids. Sperm contains DNA.
Fernandes is unsure if police transporting samples signed in 98 ...Some samples are folded into a piece of paper.
Samples are sent to Toronto's Centre of Forensic Science in sealed and labelled containers. Today, police sign for chain of custody.
During sex, pubic hair can be exchanged & DNA can be transferred. Pubic hair & head hair is plucked from victim for "rape kit" and autopsy.
...vaginal swab, vaginal washings, mouth swab, anal swab, blood, all collected.
Samples from dirt on Diane's body, debris from her mouth, fingernail scrapings, pubic hair..
‏
Under microscope, shows hemorrhage in neck and indicates she likely died rapidly, jury hears. Also debris found in her bronchi.
No injury of Diane's skull or scalp. No abnormality in her brain. #Badgerow
Crown Fox asks about "fraud or threat" as it relates to consent. Silverstein objects. Fernandes is a doctor, not a legal expert.
‏
"We can't usually make any commentary about consent," says Fernandes.
If genital injuries are so serious that they caused death, a person cannot consent to that, doctor says.
Human beings cannot consent to lethal injury in most circumstances, says Fernandes. He adds assisted suicide is an exception.
Minor superficial injuries in vagina cannot show if there was consent or not for sex, Fernandes says. #Badgerow
Pathologist uses a magnifying scope to see subtle injuries to the vagina not visible to naked eye. Alternative is to remove all of it.
Fernandes is a trained gynaecologist. Explaining how a vaginal exam is conducted.
‏
Now Dr. Fernandes is going over autopsy results for Diane's sex organs. This is important because #Badgerow is charged with rape.
Diane's heart was normal and heathy. #Badgerow
‏
Can sometimes see water in their stomach from swallowing during drowning.
"Dry drowning" means a person drowns so quickly that lungs have no water in them. "It takes seconds to minutes to drown."
"She was clearly alive when she went into the water," says Fernandes. #Werendowicz #Badgerow
Trachea (windpipe) has bits of gravel, all the way into lungs. "This is strong evidence the person was alive when they were in the water."
She may have bit her own tongue. Or stones and debris in water may have caused lacerations to her tongue.
‏
No disease found in Diane's chest...Lacerations on tongue that occurred "during the dying process."
‏
Voice box removed during dissection. Foreign material found above Diane's vocal cords, bruises on muscles. Indications of strangulation.
‏
Hemorrhage in Diane's neck goes through her whole muscle, report says.
‏
Sometimes get DNA from attacker if victim has fought back, says Fernandes. No significant findings under Diane's fingernails.
People "often try to remove the ligature" when strangled by ligature. Even happens in suicide when people change mind at last moment.
Fingernail scraping samples were taken from Diane. Fernandes says when homicide is suspected, samples typically taken from fingernails.
‏
Jury is back, Dr. Fernandes is still on the stand going over Diane Werendowicz's autopsy report. #Badgerow
Jury excused for a break. #Badgerow #hamont
Blunt force injuries, sharp force injuries or firearm injuries are the three categories. This is blunt force. He calls it "ligature mark."
Laceration is open bleeding wound.
‏
Difference between a mark, a bruise, an abrasion. Abrasion is sloughing off of skin cells. Bruise is bleeding into tissue.
Unconsciousness could take 10 to 15 seconds. Death takes 4 to 8 minutes. #Badgerow
‏
10 to 12 pounds of pressure to block arteries. To include airway takes 25 pounds of pressure.
More force can break bones in neck. Four pounds of pressure for 10-15 seconds to block veins.
‏
Fernandes says video tapes of hangings help doctors understand this. Blocks veins from supplying blood to head and heart. Blocks airway.
Fox: How long does one have to be strangled before resistance is lessened?
‏
Jury seems stoic looking at these autopsy photos. There are also students in the courtroom for this. #Badgerow
‏
Darker side of the mark across her neck is likely where the purse strap was twisted tightly. Fainter side is where her hair was caught.
Now photos of Diane's neck at autopsy. Mark across front of her neck is very obvious. Being shown on giant screen above #Badgerow's head.
A detailed description of that mark is in report. "Faint purplish discolouration." Also mark on back of neck at base of skull.
Red mark or abrasion on front of Diane's neck near collar bone and passes across Adam's apple.
Seeing photo of Diane's legs at autopsy. Doctor says the indentations are ly from branches in the creek. #Badgerow
Indentation marks on front of Diane's legs. "A compression point." When lying face down in creek, something pressing against her legs.
‏
Dirt, leaf material and small stones found in Diane's mouth. Seeing photo of Diane's mouth being opened during autopsy. Bruise on her lip.
‏
Fernandes talking about what order he removes organs from a body to allow blood to drain from the neck.
‏
Doctor says when he sees pinpoint hemorrhages, it could be an indication of strangulation and he should dissect neck very carefully.
Fernandes is describing pinpoint hemorrhage in eyes. "They reflect an increased pressure in the veins."
As I have said many times before, being a juror is a tough job. Seeing photos this is not easy. #Badgerow
Now a different autopsy photo of Diane's face. Faint purple mark on left cheek and left upper eyelid and lower eyelid.
Now seeing a photo of Diane's face during autopsy. Her left beye is being examined. There is a hemorrhage on white of eye.
‏
Above Diane's right eyebrow was small abrasion. Whites of eyes "congested."
Report says strap of her purse was twisted tightly around her neck. Fernandes saw that in photos.
Died within 24 hours of being found. She was found shortly after 7 p.m. June 20, 98 , jury hears.
She did not have advanced decomposition. He knows that because when decomposition happens, rigor disappears.
...and position her body was kept in at the morgue. #Badgerow
Livor is the pooling of the blood in the body by gravity. She had both front and back livor because of position she was found in...
Her body was "refrigerated" in the cold creek water. Fernandes says she was likely dead for a few hours before she was found.
Diane, 23, blonde, eyes hazel. Pupils round and equal. Natural teeth. "Riga mortis strong." That is the stiffening of the body after death.
In Ontario, body temperature is not used in determining time of death because it is not very accurate, says Fernandes.
Diane was 5 foot nine, 132 pounds. #Badgerow
In 98 , film was used. Wasn't until photos were developed that death investigator would know if image was captured properly. #Badgerow
Now when autopsy done, photos taken of everything so someone else taking up file could review it independently. Wasn't that in 98 .
Fox takes Fernandes through autopsy report. Started at 9:30 a.m. Identified by "toe tag." Police officers and morgue attendants present.
Fox passing to jurors a photo of a scar and a bruise on Diane's body. Rest of the court is not seeing the photo.
Jury is not being shown that photo...Also scar on her thigh, court hears.
Fox asks if doctor saw a description of a scar. Fernandes says he did not. Now looking at a photo that shows a surgical scar not in report.
"I think that you can confidently know major findings were not found" in the undocumented areas, the doctor says.
Fernandes says that is likely because there were no injuries there, but he can't know that for sure. #Badgerow
"There are valuable components of this autopsy," says Fernandes. But also "deficiencies" such as no description of Diane's back.
"The level of documentation has changed considerably," says Fernandes, who never knew Foster.
Dr. Foster, original forensic pathologist, has died. So Fernandes has been asked to review the case.
Autopsy report for Dianna Louisa Werendowicz being shown on screens. #Badgerow
Fernandes says "She died of a combination of ligature strangulation and drowning." #Werendowicz #Badgerow #hamont
Fox: "We're not going to show dissections of various parts of the body." The doctor, however, has looked at those photos.
June 2 , 98 , Dr. Foster did the autopsy. Fernandes has reviewed the original autopsy report and photos taken at the time. #Badgerow
Again a photo of Diane's body after it has been brought out of creek. Lying on a tarp. #Badgerow
Seeing photo of her shoes and panties on ground not far from her body. #Badgerow
Court is once again seeing police photo of Diane's body in the creek, a tire on top of her upper body. #Badgerow
Fernandes was not the original forensic pathologist on the Diane Werendowicz murder case. #Badgerow
Defence does not oppose. Justice Patrick Flynn grants the doctor expert status.
Crown Michael Fox is asking that Fernandes be qualified as an expert in the field of forensic pathology and gynaecology.
Fernandes does 250 to 300 autopsies per year, the jury hears. #Badgerow
Fernandes has lectured on sexual assault, drowning and handling of evidence -- all issues at play in this trial. #Badgerow #hamont
I left out a letter. It's Fernandes. added,
Forensic pathologist Dr. John Fernades is taking the stand at the Robert #Badgerow murder trial. #hamont
We're still going through the doctor's CV. I said -- impressive.
Fernandes is medical director of the pathology unit at Hamilton Health Sciences. Also chief of laboratory medicine. #Badgerow #hamont
I think I have Dr. Fernandes' very impressive CV memorized. I have seen him testify at countless murder trials. #hamont
Forensic pathologist Dr. John Fernades is taking the stand at the Robert #Badgerow murder trial. #hamont
So we know she'd had a few drinks which may be why her inhibitions were down regarding sex with a stranger, but who would go condom-free? Even in '81 with a stranger? ewe. To me no condom use is a vote in favor of at least rape.
Yesterday's report from the children gave us a rough timeline--bedtime 11:30. Previous report, I believe her friend said she left bar around midnight. Kids woke up due to screaming so that would have to be after midnight. I think the walk was 15 min? If the sex was in the car--need to add time to that. If the sex was in the ravine, doesn't matter.
Should ask RB about how much foreplay to get more on the timeframe. (ha ha)
I would like to know if any friends saw RB in the bar.
Did anyone else pick up anything of interest?
Yesterday's report from the children gave us a rough timeline--bedtime 11:30. Previous report, I believe her friend said she left bar around midnight. Kids woke up due to screaming so that would have to be after midnight. I think the walk was 15 min? If the sex was in the car--need to add time to that. If the sex was in the ravine, doesn't matter.
Should ask RB about how much foreplay to get more on the timeframe. (ha ha)
I would like to know if any friends saw RB in the bar.
Did anyone else pick up anything of interest?
Thanks for the updates Claroon, this is a terrible and ugly end to this young woman's her life.
None of it, imo, was in any way consensual, hope they nail the son of a gun responsible for this ultimate indignity.
imo, speculation.
None of it, imo, was in any way consensual, hope they nail the son of a gun responsible for this ultimate indignity.
imo, speculation.
If RB is convicted this time, would the judge have to deduct 10-11 years from the mandatory 25 years without parole eligibility since he already spent those years in prison for being convicted of the same crime?
For me, the panties say it all. She was said to have gotten into RB's car and had consensual sex with him, and then 'walked' home. (Right.) So she puts her jeans back on without her panties. Where did she put those? Just carried them in her hand? Pocket? Then has the misfortune of getting nabbed by a rapist, gets raped without any physical injuries nor any DNA being present. But manages to transport her panties with her to the spot where she is raped in the ravine, or held onto them during the rape until she was dragged to the ravine, and there they are, found near her body somewhere. Exactly.
I'm confused why, throughout today's tweets, it's being reported that the autopsy was done in 1998? It isn't like it was a slip in a one-time error, but it is throughout. How could the tweeter have made a date error in her tweeting that many times, especially when she's tweeting right during the trial? Or am I too tired and missing something?
ETA: it seems the 1998 dates have all been subsequently corrected to 1981
I'm confused why, throughout today's tweets, it's being reported that the autopsy was done in 1998? It isn't like it was a slip in a one-time error, but it is throughout. How could the tweeter have made a date error in her tweeting that many times, especially when she's tweeting right during the trial? Or am I too tired and missing something?
ETA: it seems the 1998 dates have all been subsequently corrected to 1981
My friend mentioned it sometimes has to do with "the walk of shame" as some put it. The one post makes sense--that when done after sex, they say, "where are my panties" put on jeans to cover up faster then find panties, "oh there they are" and stick them in their purse (perhaps).
https://www.reddit.com/r/AskWomen/comments/35s1bi/why_dont_some_women_put_their_underwear_on_before/
Wow, so sorry, I just figured out what happened. When I edited I did it in word first and did a bunch of search and replace to make it go quick. There were a bunch of "1" s from people favouriting or retweeting and I asked it to remove those 1s and so it took the 1 off both ends of 1981 and you were left with '98. Wow, crazy. I tried to catch problems but missed that one. wish I could edit the doc above but too late.
Some of the reporters were called out to do other stories. This is from Lisa Hepfner's Twitter feed https://twitter.com/HefCHCHNews October 5, 2016 until lunch break:
#Badgerow trial underway in #KW. Jerry Wallace is on the stand. He was 11 yrs old in 1981 when he and his friends found Diane #Werendowicz
He and another friend were playing on Glenburn Court when a 3rd friend came up from the ravine & told them he'd seen a body.
"female, face down, still clothes on the body. A tire nearby," Wallace recalls.
"We ran up the hill, I went home, told my mom.... a short while after police were on the scene," Wallace remembers.
His mother wasn't sure he was telling the truth. "She thought I was being over-dramatical," he says, before the sirens proved him right.
Wallace identified himself with two other kids in a newspaper photo from 1981.
Wallace gave police a statement in the late 90s, when the #Werendowicz cold case was re-opened and police had new DNA info.
By the time he went to school Monday, Wallace knew from radio reports that #Werendowicz had been raped and strangled.
Jerry Wallace was 11 when he & friends found #Werendowicz. Here he leaves #KW court after testifying
Next witness will testify via video at 11am; a Centre of Forensic Sciences expert.
The CFS expert is in Sioux Ste Marie; he has a leg injury and can't travel here, that's why he's testifying by video.
He's been retired for 8 yrs but started as a biology scientist at CFS in Aug 1974. Expert in blood and body fluids and fiber.
Raymond Higaki retired 8 yrs ago; started as a biology scientist at CFS in Aug 1974. Expert in blood, body fluids, hair, fiber.
Higaki took possession of #Werendowicz evidence on June 29, 1981 and published a report on his findings in Sept of that year.
Higaki took blood samples, back then they were used to compare to other blood samples, to find a source. #1981
Higaki took #Werendowicz hair; also to compare to other hair samples.
Higaki has been explaining his examination of the fluids that contained sperm. Some samples had significant amts of spermatozoa.
Higaki found sperm on the crotch of the jeans #Werendowicz was wearing. The zipper was "intact," although found undone.
Crown showing bag of burrs taken from #Werendowicz' panties. @DuaneWorth was covered in burrs after shooting the area yesterday
The burrs were found in the inside of the back of the panties, Higaki says.
Higaki says based on the sperm samples, #Werendowicz had sex within 12 hrs of death
I've been trying to tweet a photo of #Werendowicz pink sweater but it won't upload.
Crown unfolded the pink sweater in court and bits of vegetation are still falling out. It was inside out.
#Badgerow trial underway in #KW. Jerry Wallace is on the stand. He was 11 yrs old in 1981 when he and his friends found Diane #Werendowicz
He and another friend were playing on Glenburn Court when a 3rd friend came up from the ravine & told them he'd seen a body.
"female, face down, still clothes on the body. A tire nearby," Wallace recalls.
"We ran up the hill, I went home, told my mom.... a short while after police were on the scene," Wallace remembers.
His mother wasn't sure he was telling the truth. "She thought I was being over-dramatical," he says, before the sirens proved him right.
Wallace identified himself with two other kids in a newspaper photo from 1981.
Wallace gave police a statement in the late 90s, when the #Werendowicz cold case was re-opened and police had new DNA info.
By the time he went to school Monday, Wallace knew from radio reports that #Werendowicz had been raped and strangled.
Jerry Wallace was 11 when he & friends found #Werendowicz. Here he leaves #KW court after testifying
Next witness will testify via video at 11am; a Centre of Forensic Sciences expert.
The CFS expert is in Sioux Ste Marie; he has a leg injury and can't travel here, that's why he's testifying by video.
He's been retired for 8 yrs but started as a biology scientist at CFS in Aug 1974. Expert in blood and body fluids and fiber.
Raymond Higaki retired 8 yrs ago; started as a biology scientist at CFS in Aug 1974. Expert in blood, body fluids, hair, fiber.
Higaki took possession of #Werendowicz evidence on June 29, 1981 and published a report on his findings in Sept of that year.
Higaki took blood samples, back then they were used to compare to other blood samples, to find a source. #1981
Higaki took #Werendowicz hair; also to compare to other hair samples.
Higaki has been explaining his examination of the fluids that contained sperm. Some samples had significant amts of spermatozoa.
Higaki found sperm on the crotch of the jeans #Werendowicz was wearing. The zipper was "intact," although found undone.
Crown showing bag of burrs taken from #Werendowicz' panties. @DuaneWorth was covered in burrs after shooting the area yesterday
The burrs were found in the inside of the back of the panties, Higaki says.
Higaki says based on the sperm samples, #Werendowicz had sex within 12 hrs of death
I've been trying to tweet a photo of #Werendowicz pink sweater but it won't upload.
Crown unfolded the pink sweater in court and bits of vegetation are still falling out. It was inside out.
Yes.. but yet they were found also scattered near her body, as well as her shoes.. meanwhile.. the stuff in her purse was still in her purse.. if in her pocket, they'd still be in her pocket.. it doesn't seem that this imaginary second rapist was interested in going through her possessions. if the panties had been found in either of those places, it may lend more credence to RB's theory of a sexual assault after she was on her way home from having sex with RB. moo
What did you think of my comment about no condom use?
Susan Clairmont's Twitter Feed October 6, 2016 Kitchener Courthouse - Badgerow trial for murder Diane Werendowicz, 23, raped & murdered, Hamilton, Ont, Canada June 1981
This is the 4th trial.
This one reads bottom up as per Twitter. PLEASE, if you suspect an error, refer to the original feed. https://twitter.com/susanclairmont My search and replace feature sometimes takes out things in error
Thanks.
We are done with the read-in. Jury is done for the day. #Badgerow
Davis is being asked about continuity of evidence and how to log it in a notebook. Phone receiver would be logged in the property branch ‏
Davis did not know the day of the call that an ident officer had cut the receiver from the phone booth. He learned that later. #Badgerow
Phone booth was between Beach Road and Burlington Street. Just south of the railroad tracks.
If there is a busy signal, line has not been released.
This is 2009 transcript we're hearing now. #Badgerow
In 1981 when someone called 911, there was no call display. #Badgerow #hamont
On the 911 line, when the caller hangs up, the police can keep it open and call it back. #Badgerow
Actually, tape is not in the box. Empty box is made an exhibit...Now read-in of cross of Davis by Boris Bytensky, former #Badgerow lawyer.
Tapes were changed at midnight. Gzik holding up the tape in a cardboard box. Has names of Sutton, Harris and Davis on it. #Badgerow
Sergeant was paged back to radio room to trace the call. #Badgerow
"If her boyfriend's not involved and it's an out and out murder..." is heard on the tape. Someone says that in radio room. Not Davis.
Davis is the only person who could release the line. He says he released it when officer got to the phone booth,
The sgt. had a "master console" of all the incoming 911 calls. Sgt. would notify Bell of call number for a trace.
"Jack Sutton was one of the investigators on the murder case." So was Bill Harrisk
A 10-17 code means you've arrived at the scene, Davis says.
Crown asks if we should keep going with evidence today. Judge reminds jury that it's Oktoberfest tomorrow and they may want to finish early.
Davis did two years in the radio room. Never heard that caller again, he says. Agrees there was nothing special about the voice.
He was aware of the murder. He'd worked during the weekend. Was on when the body was discovered.
Davis was on "cruiser patrol" before and after communications. "I felt this call here had some validity to it."
Davis started as cadet at @HamiltonPolice when he was 18. Security guard at Dofasco named Frank Brown? No. A blond person near phone booth?
...it would not be recorded. Call to Bell made from only line in radio room that was not taped. No card that records Bell call.
Davis says all that is recorded is conversation if a line is open. If he tells someone in person to call Bell without a phone line open...
Can hear call from other line to find Sutton. Why can't we hear call to Bell? Why can't we hear him ask for someone else to call Bell?
Davis didn't make the call to Bell Canada from that phone. It would have been done from sergeant's phone.
Now read-in of Davis cross-exam...Davis hadn't seen call card since June 22, 1981. Davis would have been told by dispatcher to release line.
On this call, someone was advised not to touch the receiver "so I had no voice contact at the other end."
"It was standard procedure to talk to someone at the other end.
Davis had every call confirmed at other end by a police officer. Except this one.
Davis, sergeant and Bell were involved in determining location of phone booth...Davis had traced calls before.
Davis says he would file time card in a box. Worked 6:30 a.m. to 2:30 p.m. on day shift.
Davis: What's the point of giving all that information if you won't give your name?
In 1981, call takers were trained by sergeant. No special training on what to say. Davis asked why he said "Why'd you bother calling then?"
We hear a long tone twice. That is the ring back. And then we hear the phone ringing. "Yeah, it's the police again..." Davis said on phone.
We can hear Davis press the ring-back button. Then voice at other end answers "Hello." #Badgerow
Hearing the 911 call again. Davis explains at what point the caller hangs up.
On first hang up, we hear a busy signal because line is open.
In 1981 20-30 minutes to trace and lock the line was standard, Davis says.
I know the phone was not touched because they wanted to fingerprint it."...Says line locked for "half an hour" because that was standard.
"After the trace was made, an officer responded to the location where the phone was. I know police responded to the scene...
"We just press that release button and it will unlock the line," he says‏
Usually wait for police officer to get to phone before unlocking the line. "I did not talk to anybody at the other end of that phone."
"Bell called back and told us where the phone was. I did not speak to Bell Canada." Says Bell talked to sergeant.
Davis: "Bell must have called back because they found out where the phone was." May have called Sgt. Jachymek.
"The trunk lines were through the city." ie a "mountain trunk line." Would take 20 to 30 minutes from Bell to initiate a trace.
Davis called Bell Canada to put a trace on the line. "We had a phone number to Bell." Would ask for the call to be traced "on trunk."
The second time Davis rang it back, there was no answer. Davis locked the line on hold.
He put the line on hold after he rang back at the end of the conversation. Davis pressed the "ring back button." Caller didn't pick it up.
Could put the line on hold, lock-it and contact Bell for info. Davis explains how to lock in a line.
"All 911 calls were treated as emergencies: police, fire and ambulance," says Davis. If 911 call came in without all the necessary info,
Before he could start tracing it, the voice came back on the line. After he ended the call, Davis kept the line open.
"The big difference is the 911 calls can be traced. The administrative calls can't be." Caller hung up, Davis said he just waited.
Call came in on a 911 line. The other line was administrative.
Davis says master tape had a digital time clock. Also he made a "call card."
"It would be filed and kept on a 24 hours basis."
Davis says one voice is his and "one is an unknown male." Afterward, Davis called Kenilworth station looking for Jack Sutton.
After 911 caller hangs up, Davis keeps the line open. Court can hear a busy signal.
"And she was strangled with her purse."
"I got information on how that girl was killed at Barton and Lake..."
"What's your name?"
"That's not important."
Crown is showing the jury what the original reel-to-reel 911 tape looks like. Now playing the 911 tape. #hamont #Badgerow
Jury now hearing a read-in of testimony from former @HamiltonPolice officer Gary Davis, who answered 911 calls in 1981.
Terry Cooke. NOT @TerryCookeHCF. #Badgerow #hamont
Cooke is finished on the stand...Crown Gzik is asking for a few minutes to get next read-in ready. Afternoon break now. #Badgerow
Cooke says he doesn't recall who received Diane's body at HGH.
Gzik, in fact, was objecting to Silverstein. Her timing was just a bit off. #Badgerow
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Crown Gzik got to her feet and said "Objection" while Justice Flynn was speaking. "Are you objecting to me?" he asked. Jury laughed.
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He does not remember how long he was at the scene.
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Cooke says he can see in photo that Diane's purse strap is wound around her neck. Says he would have seen that at the time he was there.
Cooke being shown photo of Diane just after she was taken from creek. Lying on ground sheet that is yellow on one side.
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He honoured the policy of keeping his work "strictly confidential." Gzik done, now Silverstein. Diane was still in creek when Cooke arrived.
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Cooke is still in the funeral business. He doesn't remember his feet being wet that day from removing her body from creek.
He put gloves on, then placed her on a yellow sheet. Ground sheet would have been wrapped around her, then pouch on top of that.
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Now seeing photo of Diane's body on gurney in the morgue in a body pouch.
He was called to scene of Diane's murder. He drove a black Dodge van. Was to take her to Hamilton General Hospital. #Badgerow
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This is Terry Cameron Cooke. June 1981 he was 18, working for Morrison's Removal Service transferring dead people to hospital/funeral home.
Next up is Terry Cooke. NOT @TerryCookeHCF. #Badgerow #hamont
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Judge has question. Wants to know if cutting tool is a Swiss Army Knife. Yeates says it is a "multi tool." He's done.
He doesn't actually remember being at Dofasco that day, but knows he was because he has heard the call.
His notebook has him dispatched 13:31 to disturbance at beauty shop on Barton St. E. He can't remember if he went straight from Dofasco.
All he remembers today is what he can hear on the radio call. "I can recall the scene, but I can't recall what led up to my arrival."
Yeates does't remember why he went there. #Badgerow
13:09 Yeates says "I'm down here as well. I'm lending them a cutting tool for a bit." No record of what caused him to go to that scene.
Gzik is done exam in chief. Silverstein up for cross. #Badgerow
Has nothing in his notes about this, but his voice is on the audio recording. He remembers going to Gate 6 and seeing Ed Worron.
Has a screwdriver also. Used to remove license plates.
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He recognizes his own voice saying he'd be off to that location to lend "a cutting tool." Police carry it on their duty belt.
Yeates worked in the radio room at @HamiltonPolice in the early 1980s. He says calls are recorded "automatically."
Dave Smethers was in the forensic unit. He was named in the audio tape. "Need him right away."
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Gary Davis was call taker. Yeates says his nickname was "Snapper."
Transcript of the 911 call is included in my earlier @thespec primer on the #Badgerow case: http://bit.ly/2cOfYwV
I've cut & paste from article http://www.thespec.com/news-story/6...th-a-fourth-trial-and-the-pursuit-of-justice:
The 911 phone call
(12:19 p.m., Monday, June 22, 1981.)
"Is this the police?" asked the man.
"Yes," replied Const. Gary Davis.
"Uh, I've got information on how that girl was killed at Barton and Lake."
"What's your name?" asked Davis.
"That's not important."
"OK. What's the information?"
"Uh, she was raped before she was killed. She was wearing blue jeans, a white top and a red or an orange top over top of the white top. Uh, blond hair. About five-foot-11. She was found face-down in the crick with the tire up top of her shoulders and head."
"Yeah," said Davis.
"Uh, that's about all I can tell ya," the man said and hung up.
A moment later, the man picked up the receiver and came back on the line, which Davis had held open.
"And she was strangled with her purse," the man blurted before hanging up again.
Davis pressed the ring-back button and the man picked up.
"Hello?"
"Yeah, it's the police again. Can you give us any more?"
"No, I don't want to get involved."
"Well, why'd ya bother calling then?" snapped Davis.
But the caller was gone.
Jury is listening to audio of anonymous 911 call. Male caller speaks quickly.
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Crown: Do police sometimes have nicknames for each other? Yeates: They do.
Then 13:31 to 14:21 at 1525 Barton St. E. Nothing in notes between 12:45 and 13:31. He's asked to listen to audio tape.
12:17 p.m. to 1880 Barton Street East. He was uniform patrol. It was a hold-up alarm, but was just door ajar. Cleared it at 12:45 p.m.
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Ron Yeates swears on the bible. He is retired from @HamiltonPolice (1980-2007.) On June 22, 1981 he was on day shift (7 a.m. to 3 p.m.)
Silverstein is done. No re-exam. Next up is Ron Yeates. #Badgerow
Doesn't know how receiver was removed.
Saw Officer Smethurst (sp?) arrive and take control of the phone both. Remembers him removing handset from the pay phone.
He didn't stay much longer after that. Maybe 10 minutes. Then told to take lunch. #Badgerow
At 13:09: "I'm done really. Probably. But I'm going to stand by," he says, in case he is needed.
At 12:55 p.m. Worron radios in and says it's Ottawa, just south of Burlington near the tracks so CID and ident can find it.
At 12:49 p.m. June 22, 1981, dispatcher asked him to go to phone booth at Dofasco. Told not to let anyone use the phone.
"Those are snippets of conversations with the dispatcher at Hamilton Police," says Silverstein of audio tape. Worron agrees.
Jury is back at the #Badgerow trial and Ed Worron is about to be crossed by Silverstein. #hamont
Correcting my spelling. Last witness was Ed Worron.
Jury is being excused for an early lunch while legal arguments are heard at the #Badgerow murder trial.
This is critical new evidence the other three #Badgerow juries did not hear. #hamont
Says he did not touch the phone. "I kept it for Officer Smethers to do."
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He doesn't recall how long he stayed at Dofasco.
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Says it looks hung up. Says ident officer cut the whole receiver from the phone.
Ident officer would have done "fingerprinting," he says. Worren doesn't recall if phone is on the hood or not. Shown a close up of booth.
If you look very closely at hood of the cruiser, the ident officer's "kit bag" is there. #Badgerow
On Ottawa Street, just south of Burlington Street, "right near the tracks." Ident guy took over the phone booth which ended Worren's duty.
Photo taken by @HamiltonPolice identification officer. Worren first cop to phone booth. 10-17 means arrival.
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"I tried to get my cruiser as close to the phone booth as I could to not get anybody near it, including myself."
Worren being examined in chief by Crown Gzik.
"It was just a matter of minutes," for him to get to the phone booth, he says. #Badgerow
The officer taking phone call was Gary Davis. Worren hear his own voice on audio too. Sent to phone booth.
We're hearing audio of police dispatch calls from 35 years ago. Difficult to hear some of it. #Badgerow
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"CID and ident will be responding," dispatcher says. #Badgerow
"You are to stand by that booth and not let anybody use it at all," dispatcher tells officer sent to phone booth.
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"We just got a call from an anonymous caller about the killing," police say, looking for officer involved with the case.
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Police: "Make sure nobody touches it." Sending officers to the phone booth.
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Now call from @HamiltonPolice to Dofasco security asking for Gate 6 asking if they have a phone booth. Dofasco woman says "yes."
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Can hear the busy signal as the 911 call line is kept open. #badgerow
Then we hear the sergeant being paged to the @HamiltonPolice radio room.
Now hearing call from the radio room to his supervisor. "I just got a call about the murder..."
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Court is now hearing audio of the anonymous 911 call made to police after Diane's murder. The Crown says the caller is #Badgerow #hamont
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That is Worren, standing behind the cruiser at the Dofasco phone booth. #Badgerow
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"I responded to a phone booth on Ottawa Street in Hamilton. A Bell Telephone booth...at the Dofasco gates."
Next witness is Edward Worren. Retired @HamiltonPolice officer 1970-1999. In 1981 he was on uniformed patrol in a cruiser. #Badgerow
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Crown Gzik done. Justice Patrick Flynn ordering morning break. #Badgerow
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She followed news stories about Diane. Says she and friends have never talked about that night to try to piece events together.
Diane had told her she lived in apartment on Jerome Crescent. That is in Smith's statement. Introduced her to Steve Langdon and Gary McKay.
She did not know how Diane was killed or circumstances of her body being found. She did not talk to Lori or Janice before giving statement.
She gave a statement about Friday night with Diane. Time of statement noted as 11:35 a.m.. She read it and signed it.
Police asked if she was with Diane Friday night. Then told her she was dead. Smith was shocked, sad. She went to Kenilworth station.
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She drove two friends home. She doesn't remember what she did Saturday. On Sunday morning, two uniformed cops knocked on her door.
"She was wearing a plaid shirt and blue jeans." Did not see sweater, did not notice style of shoes or socks.
Diane "was not slurring speech. She did not appear uncoordinated. I did not have the impression she was drunk," Smith says.
Smith left after 1 a.m. closing and drove home.
She did not see Diane talking to anyone. Smith introduced her to two men she knew, but Diane did not chat with them long.
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Correction: they got to bar at 11 p.m. Between 12 and 12:15 a.m. she noticed Diane had left the bar. #Badgerow #hamont
Smith shown this photo of Diane and says her hair "looks to be the same" as it did at Malarkey's that night.
Court seeing this @HamiltonPolice picture of hair comb on Diane's dresser. #Badgerow
"I described her hair as being pulled back on either side and pulled back with hair combs." #Badgerow #Hamont
Diane was drinking beer. "Maybe she had 5 or 6 beers," Smith says.
She learned Diane also worked at Mac. They talked about work. "She was working on an adult ward." They didn't know each other from work.
"It was very crowded." Found Lori with Diane at "stand-up bar." Was introduced to Diane. "They were talking to each other when we got there.
Seeing map of Fiesta Mall area in Stoney Creek. Smith points to parking along back of mall. She can't remember exactly where she parked.
Picked Noble up and went to Malarkey's bar. Got there around 9 p.m. Parked at the back.
She knew women named Lori Allan and Janice Noble. June 19, 1981 around 7 p.m. got call from Noble asking her to go out.
She did not know Diane Werendowicz before June 19, 1981. She had gone to Saltfleet High School, not far from Fiesta Mall in Stoney Creek.
Next up is Sharon Smith. In 1981 she was 21. She was working as a registered nurse at McMaster hospital in paediatric ward.
He can say he has found no evidence of such a story. He is done on the stand. #badgerow #hamont
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If news anchors were reading a story about Diane, would script be saved? Yes, for one year. But not stored anywhere else if no visuals.
Now cross by Grant for @ScotUrquhart. Computer system didn't exist in 1981? No, he answers, but all old stuff was transferred over to it.
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On Monday schedule, there was a full crew in. @ScotUrquhart says there is no notation of Diane's murder being a story.
Looking at Sunday, June 21. There was an airport protest, antique car show, fur trappers, a run...
Reporter on one story was @TVConnie. #Badgerow #hamont
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Each story assigned a number and "a slug" which is the title of the story. Then "T" for shot on tape, not "F" for film.
Covers June 19-22, 1981. Seeing pages on screen. #Badgerow #hamont
Back then, 1 reporter, 1 cameraman, 1 assignment editor, 1 film editor on weekends. Had a daily assignment book. Pages are exhibits.
Urquhart affirms on stand. June 1981 he worked for @CHCHNews in #HamOnt. He started May 27, 1981, fresh from school. He was a news writer.
Hank done. Now @ScotUrquhart, former @CHCHNews reporter. #Badgerow #hamont
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The @thespec story also included a tip line phone number to call @HamiltonPolice with information about Diane's murder. #Badgerow
Crown re-exams asking if Criminal Code used rape or sexual assault at the time. Hank does not know.
Story says "sexual assault." Hank says it may have been used because of style guide or because that's what police said.
Grant asking about a newspaper's style guide. Rape vs. sexual assault. Hank says he does not know @thespec's official policy in 1981.
Hank cannot recall who that information came from or if it was told to him or Carla, who he shared the byline with.
On Monday morning there was an update in @thespec. In story: "Police said she may have been sexually assaulted."
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Mr. Werendowicz told Hank that Diane had been strangled. And he thought she was on her way to a party. Hank did not ask how he knew that.
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...names of all @TheSpec editions in 1981. Metro, city, lakeshore and early. #Badgerow #hamont
Hank does not have original first draft of the story. He has testified at the other #Badgerow trials. Grant going to transcripts for...
Hank no longer has his notebook from 1981. Grant asks who makes final decision about wording of story. Hank says it's the editor's.
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Hank did not go to scene or interview boys who found body...Crown done exam-in-chief. Now Grant doing cross.
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"Well, I guess we're going to get her a coffin," Mr. Werendowicz answered. Hank didn't use quote in the story. Felt it was an "intrusion."
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Her birthday was next day. "What were you going to get your daughter for your birthday?" Hank asked father. #Badgerow
Hank was at Werendowicz apartment for "probably about 10 minutes."
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A reporter takes "the most interesting" words and puts them in quotes, Hank says. Other details are paraphrased for the story.
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Do you print every word a person tells you? asks Crown Cheryl Gzik.
Mrs. Werendowicz was lying on couch, back to him. Husband said "she had taken some sedatives." Hank cannot recall what street they lived on.
Hank says if Mr. Werendowicz that Diane had been strangled with a purse he would have printed it. But he was not told that.
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Mr. Werendowicz gave Hank this photo of Diane to run in @TheSpec. Hank visited him on Father's Day. #hamont
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Hank explaining copy editors write headlines.
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The edition had @thespec photo of boys who found Diane. No mention anywhere in stories about what Diane was strangled with.
This story appeared in city edition of @thespec. Cost of paper was 25 cents. Monday June 22, 1981. Paper had story about Terry Fox unwell.
Metro edition went to wider #hamont area, city edition was "specific to city of Hamilton."
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"All that information would be assembled into a story," says Hank. @TheSpec had 4 editions a day, did not publish on Sunday.
Hank was assigned to do a "pick-up." Go to Diane's family and pick up a photo, do an interview. Carla went to crime scene.
Worked with another summer intern, Carla Mastromattei. Court sees page of @TheSpec where Hank & Carla shared byline on story about Diane.
Hank and I have never worked together. He now works at the London Free Press. He was a summer intern at @TheSpec.
Jury is being called in. First witness is Hank Daniszewski, who was a reporter at @TheSpec in 1981. #hamont
I'm in the courtroom at the Robert #Badgerow murder trial in Kitchener. Hearing some legal arguments before the jury is brought in. #hamont
This is the 4th trial.
This one reads bottom up as per Twitter. PLEASE, if you suspect an error, refer to the original feed. https://twitter.com/susanclairmont My search and replace feature sometimes takes out things in error
Thanks. We are done with the read-in. Jury is done for the day. #Badgerow
Davis is being asked about continuity of evidence and how to log it in a notebook. Phone receiver would be logged in the property branch ‏
Davis did not know the day of the call that an ident officer had cut the receiver from the phone booth. He learned that later. #Badgerow
Phone booth was between Beach Road and Burlington Street. Just south of the railroad tracks.
If there is a busy signal, line has not been released.
This is 2009 transcript we're hearing now. #Badgerow
In 1981 when someone called 911, there was no call display. #Badgerow #hamont
On the 911 line, when the caller hangs up, the police can keep it open and call it back. #Badgerow
Actually, tape is not in the box. Empty box is made an exhibit...Now read-in of cross of Davis by Boris Bytensky, former #Badgerow lawyer.
Tapes were changed at midnight. Gzik holding up the tape in a cardboard box. Has names of Sutton, Harris and Davis on it. #Badgerow
Sergeant was paged back to radio room to trace the call. #Badgerow
"If her boyfriend's not involved and it's an out and out murder..." is heard on the tape. Someone says that in radio room. Not Davis.
Davis is the only person who could release the line. He says he released it when officer got to the phone booth,
The sgt. had a "master console" of all the incoming 911 calls. Sgt. would notify Bell of call number for a trace.
"Jack Sutton was one of the investigators on the murder case." So was Bill Harrisk
A 10-17 code means you've arrived at the scene, Davis says.
Crown asks if we should keep going with evidence today. Judge reminds jury that it's Oktoberfest tomorrow and they may want to finish early.
Davis did two years in the radio room. Never heard that caller again, he says. Agrees there was nothing special about the voice.
He was aware of the murder. He'd worked during the weekend. Was on when the body was discovered.
Davis was on "cruiser patrol" before and after communications. "I felt this call here had some validity to it."
Davis started as cadet at @HamiltonPolice when he was 18. Security guard at Dofasco named Frank Brown? No. A blond person near phone booth?
...it would not be recorded. Call to Bell made from only line in radio room that was not taped. No card that records Bell call.
Davis says all that is recorded is conversation if a line is open. If he tells someone in person to call Bell without a phone line open...
Can hear call from other line to find Sutton. Why can't we hear call to Bell? Why can't we hear him ask for someone else to call Bell?
Davis didn't make the call to Bell Canada from that phone. It would have been done from sergeant's phone.
Now read-in of Davis cross-exam...Davis hadn't seen call card since June 22, 1981. Davis would have been told by dispatcher to release line.
On this call, someone was advised not to touch the receiver "so I had no voice contact at the other end."
"It was standard procedure to talk to someone at the other end.
Davis had every call confirmed at other end by a police officer. Except this one.
Davis, sergeant and Bell were involved in determining location of phone booth...Davis had traced calls before.
Davis says he would file time card in a box. Worked 6:30 a.m. to 2:30 p.m. on day shift.
Davis: What's the point of giving all that information if you won't give your name?
In 1981, call takers were trained by sergeant. No special training on what to say. Davis asked why he said "Why'd you bother calling then?"
We hear a long tone twice. That is the ring back. And then we hear the phone ringing. "Yeah, it's the police again..." Davis said on phone.
We can hear Davis press the ring-back button. Then voice at other end answers "Hello." #Badgerow
Hearing the 911 call again. Davis explains at what point the caller hangs up.
On first hang up, we hear a busy signal because line is open.
In 1981 20-30 minutes to trace and lock the line was standard, Davis says.
I know the phone was not touched because they wanted to fingerprint it."...Says line locked for "half an hour" because that was standard.
"After the trace was made, an officer responded to the location where the phone was. I know police responded to the scene...
"We just press that release button and it will unlock the line," he says‏
Usually wait for police officer to get to phone before unlocking the line. "I did not talk to anybody at the other end of that phone."
"Bell called back and told us where the phone was. I did not speak to Bell Canada." Says Bell talked to sergeant.
Davis: "Bell must have called back because they found out where the phone was." May have called Sgt. Jachymek.
"The trunk lines were through the city." ie a "mountain trunk line." Would take 20 to 30 minutes from Bell to initiate a trace.
Davis called Bell Canada to put a trace on the line. "We had a phone number to Bell." Would ask for the call to be traced "on trunk."
The second time Davis rang it back, there was no answer. Davis locked the line on hold.
He put the line on hold after he rang back at the end of the conversation. Davis pressed the "ring back button." Caller didn't pick it up.
Could put the line on hold, lock-it and contact Bell for info. Davis explains how to lock in a line.
"All 911 calls were treated as emergencies: police, fire and ambulance," says Davis. If 911 call came in without all the necessary info,
Before he could start tracing it, the voice came back on the line. After he ended the call, Davis kept the line open.
"The big difference is the 911 calls can be traced. The administrative calls can't be." Caller hung up, Davis said he just waited.
Call came in on a 911 line. The other line was administrative.
Davis says master tape had a digital time clock. Also he made a "call card."
"It would be filed and kept on a 24 hours basis."
Davis says one voice is his and "one is an unknown male." Afterward, Davis called Kenilworth station looking for Jack Sutton.
After 911 caller hangs up, Davis keeps the line open. Court can hear a busy signal.
"And she was strangled with her purse."
"I got information on how that girl was killed at Barton and Lake..."
"What's your name?"
"That's not important."
Crown is showing the jury what the original reel-to-reel 911 tape looks like. Now playing the 911 tape. #hamont #Badgerow
Jury now hearing a read-in of testimony from former @HamiltonPolice officer Gary Davis, who answered 911 calls in 1981.
Terry Cooke. NOT @TerryCookeHCF. #Badgerow #hamont
Cooke is finished on the stand...Crown Gzik is asking for a few minutes to get next read-in ready. Afternoon break now. #Badgerow
Cooke says he doesn't recall who received Diane's body at HGH.
Gzik, in fact, was objecting to Silverstein. Her timing was just a bit off. #Badgerow
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Crown Gzik got to her feet and said "Objection" while Justice Flynn was speaking. "Are you objecting to me?" he asked. Jury laughed.
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He does not remember how long he was at the scene.
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Cooke says he can see in photo that Diane's purse strap is wound around her neck. Says he would have seen that at the time he was there.
Cooke being shown photo of Diane just after she was taken from creek. Lying on ground sheet that is yellow on one side.
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He honoured the policy of keeping his work "strictly confidential." Gzik done, now Silverstein. Diane was still in creek when Cooke arrived.
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Cooke is still in the funeral business. He doesn't remember his feet being wet that day from removing her body from creek.
He put gloves on, then placed her on a yellow sheet. Ground sheet would have been wrapped around her, then pouch on top of that.
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Now seeing photo of Diane's body on gurney in the morgue in a body pouch.
He was called to scene of Diane's murder. He drove a black Dodge van. Was to take her to Hamilton General Hospital. #Badgerow
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This is Terry Cameron Cooke. June 1981 he was 18, working for Morrison's Removal Service transferring dead people to hospital/funeral home.
Next up is Terry Cooke. NOT @TerryCookeHCF. #Badgerow #hamont
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Judge has question. Wants to know if cutting tool is a Swiss Army Knife. Yeates says it is a "multi tool." He's done.
He doesn't actually remember being at Dofasco that day, but knows he was because he has heard the call.
His notebook has him dispatched 13:31 to disturbance at beauty shop on Barton St. E. He can't remember if he went straight from Dofasco.
All he remembers today is what he can hear on the radio call. "I can recall the scene, but I can't recall what led up to my arrival."
Yeates does't remember why he went there. #Badgerow
13:09 Yeates says "I'm down here as well. I'm lending them a cutting tool for a bit." No record of what caused him to go to that scene.
Gzik is done exam in chief. Silverstein up for cross. #Badgerow
Has nothing in his notes about this, but his voice is on the audio recording. He remembers going to Gate 6 and seeing Ed Worron.
Has a screwdriver also. Used to remove license plates.
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He recognizes his own voice saying he'd be off to that location to lend "a cutting tool." Police carry it on their duty belt.
Yeates worked in the radio room at @HamiltonPolice in the early 1980s. He says calls are recorded "automatically."
Dave Smethers was in the forensic unit. He was named in the audio tape. "Need him right away."
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Gary Davis was call taker. Yeates says his nickname was "Snapper."
Transcript of the 911 call is included in my earlier @thespec primer on the #Badgerow case: http://bit.ly/2cOfYwV
I've cut & paste from article http://www.thespec.com/news-story/6...th-a-fourth-trial-and-the-pursuit-of-justice:
The 911 phone call
(12:19 p.m., Monday, June 22, 1981.)
"Is this the police?" asked the man.
"Yes," replied Const. Gary Davis.
"Uh, I've got information on how that girl was killed at Barton and Lake."
"What's your name?" asked Davis.
"That's not important."
"OK. What's the information?"
"Uh, she was raped before she was killed. She was wearing blue jeans, a white top and a red or an orange top over top of the white top. Uh, blond hair. About five-foot-11. She was found face-down in the crick with the tire up top of her shoulders and head."
"Yeah," said Davis.
"Uh, that's about all I can tell ya," the man said and hung up.
A moment later, the man picked up the receiver and came back on the line, which Davis had held open.
"And she was strangled with her purse," the man blurted before hanging up again.
Davis pressed the ring-back button and the man picked up.
"Hello?"
"Yeah, it's the police again. Can you give us any more?"
"No, I don't want to get involved."
"Well, why'd ya bother calling then?" snapped Davis.
But the caller was gone.
Jury is listening to audio of anonymous 911 call. Male caller speaks quickly.
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Crown: Do police sometimes have nicknames for each other? Yeates: They do.
Then 13:31 to 14:21 at 1525 Barton St. E. Nothing in notes between 12:45 and 13:31. He's asked to listen to audio tape.
12:17 p.m. to 1880 Barton Street East. He was uniform patrol. It was a hold-up alarm, but was just door ajar. Cleared it at 12:45 p.m.
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Ron Yeates swears on the bible. He is retired from @HamiltonPolice (1980-2007.) On June 22, 1981 he was on day shift (7 a.m. to 3 p.m.)
Silverstein is done. No re-exam. Next up is Ron Yeates. #Badgerow
Doesn't know how receiver was removed.
Saw Officer Smethurst (sp?) arrive and take control of the phone both. Remembers him removing handset from the pay phone.
He didn't stay much longer after that. Maybe 10 minutes. Then told to take lunch. #Badgerow
At 13:09: "I'm done really. Probably. But I'm going to stand by," he says, in case he is needed.
At 12:55 p.m. Worron radios in and says it's Ottawa, just south of Burlington near the tracks so CID and ident can find it.
At 12:49 p.m. June 22, 1981, dispatcher asked him to go to phone booth at Dofasco. Told not to let anyone use the phone.
"Those are snippets of conversations with the dispatcher at Hamilton Police," says Silverstein of audio tape. Worron agrees.
Jury is back at the #Badgerow trial and Ed Worron is about to be crossed by Silverstein. #hamont
Correcting my spelling. Last witness was Ed Worron.
Jury is being excused for an early lunch while legal arguments are heard at the #Badgerow murder trial.
This is critical new evidence the other three #Badgerow juries did not hear. #hamont
Says he did not touch the phone. "I kept it for Officer Smethers to do."
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He doesn't recall how long he stayed at Dofasco.
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Says it looks hung up. Says ident officer cut the whole receiver from the phone.
Ident officer would have done "fingerprinting," he says. Worren doesn't recall if phone is on the hood or not. Shown a close up of booth.
If you look very closely at hood of the cruiser, the ident officer's "kit bag" is there. #Badgerow
On Ottawa Street, just south of Burlington Street, "right near the tracks." Ident guy took over the phone booth which ended Worren's duty.
Photo taken by @HamiltonPolice identification officer. Worren first cop to phone booth. 10-17 means arrival.
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"I tried to get my cruiser as close to the phone booth as I could to not get anybody near it, including myself."
Worren being examined in chief by Crown Gzik.
"It was just a matter of minutes," for him to get to the phone booth, he says. #Badgerow
The officer taking phone call was Gary Davis. Worren hear his own voice on audio too. Sent to phone booth.
We're hearing audio of police dispatch calls from 35 years ago. Difficult to hear some of it. #Badgerow
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"CID and ident will be responding," dispatcher says. #Badgerow
"You are to stand by that booth and not let anybody use it at all," dispatcher tells officer sent to phone booth.
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"We just got a call from an anonymous caller about the killing," police say, looking for officer involved with the case.
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Police: "Make sure nobody touches it." Sending officers to the phone booth.
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Now call from @HamiltonPolice to Dofasco security asking for Gate 6 asking if they have a phone booth. Dofasco woman says "yes."
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Can hear the busy signal as the 911 call line is kept open. #badgerow
Then we hear the sergeant being paged to the @HamiltonPolice radio room.
Now hearing call from the radio room to his supervisor. "I just got a call about the murder..."
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Court is now hearing audio of the anonymous 911 call made to police after Diane's murder. The Crown says the caller is #Badgerow #hamont
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That is Worren, standing behind the cruiser at the Dofasco phone booth. #Badgerow
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"I responded to a phone booth on Ottawa Street in Hamilton. A Bell Telephone booth...at the Dofasco gates."
Next witness is Edward Worren. Retired @HamiltonPolice officer 1970-1999. In 1981 he was on uniformed patrol in a cruiser. #Badgerow
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Crown Gzik done. Justice Patrick Flynn ordering morning break. #Badgerow
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She followed news stories about Diane. Says she and friends have never talked about that night to try to piece events together.
Diane had told her she lived in apartment on Jerome Crescent. That is in Smith's statement. Introduced her to Steve Langdon and Gary McKay.
She did not know how Diane was killed or circumstances of her body being found. She did not talk to Lori or Janice before giving statement.
She gave a statement about Friday night with Diane. Time of statement noted as 11:35 a.m.. She read it and signed it.
Police asked if she was with Diane Friday night. Then told her she was dead. Smith was shocked, sad. She went to Kenilworth station.
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She drove two friends home. She doesn't remember what she did Saturday. On Sunday morning, two uniformed cops knocked on her door.
"She was wearing a plaid shirt and blue jeans." Did not see sweater, did not notice style of shoes or socks.
Diane "was not slurring speech. She did not appear uncoordinated. I did not have the impression she was drunk," Smith says.
Smith left after 1 a.m. closing and drove home.
She did not see Diane talking to anyone. Smith introduced her to two men she knew, but Diane did not chat with them long.
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Correction: they got to bar at 11 p.m. Between 12 and 12:15 a.m. she noticed Diane had left the bar. #Badgerow #hamont
Smith shown this photo of Diane and says her hair "looks to be the same" as it did at Malarkey's that night.
Court seeing this @HamiltonPolice picture of hair comb on Diane's dresser. #Badgerow
"I described her hair as being pulled back on either side and pulled back with hair combs." #Badgerow #Hamont
Diane was drinking beer. "Maybe she had 5 or 6 beers," Smith says.
She learned Diane also worked at Mac. They talked about work. "She was working on an adult ward." They didn't know each other from work.
"It was very crowded." Found Lori with Diane at "stand-up bar." Was introduced to Diane. "They were talking to each other when we got there.
Seeing map of Fiesta Mall area in Stoney Creek. Smith points to parking along back of mall. She can't remember exactly where she parked.
Picked Noble up and went to Malarkey's bar. Got there around 9 p.m. Parked at the back.
She knew women named Lori Allan and Janice Noble. June 19, 1981 around 7 p.m. got call from Noble asking her to go out.
She did not know Diane Werendowicz before June 19, 1981. She had gone to Saltfleet High School, not far from Fiesta Mall in Stoney Creek.
Next up is Sharon Smith. In 1981 she was 21. She was working as a registered nurse at McMaster hospital in paediatric ward.
He can say he has found no evidence of such a story. He is done on the stand. #badgerow #hamont
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If news anchors were reading a story about Diane, would script be saved? Yes, for one year. But not stored anywhere else if no visuals.
Now cross by Grant for @ScotUrquhart. Computer system didn't exist in 1981? No, he answers, but all old stuff was transferred over to it.
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On Monday schedule, there was a full crew in. @ScotUrquhart says there is no notation of Diane's murder being a story.
Looking at Sunday, June 21. There was an airport protest, antique car show, fur trappers, a run...
Reporter on one story was @TVConnie. #Badgerow #hamont
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Each story assigned a number and "a slug" which is the title of the story. Then "T" for shot on tape, not "F" for film.
Covers June 19-22, 1981. Seeing pages on screen. #Badgerow #hamont
Back then, 1 reporter, 1 cameraman, 1 assignment editor, 1 film editor on weekends. Had a daily assignment book. Pages are exhibits.
Urquhart affirms on stand. June 1981 he worked for @CHCHNews in #HamOnt. He started May 27, 1981, fresh from school. He was a news writer.
Hank done. Now @ScotUrquhart, former @CHCHNews reporter. #Badgerow #hamont
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The @thespec story also included a tip line phone number to call @HamiltonPolice with information about Diane's murder. #Badgerow
Crown re-exams asking if Criminal Code used rape or sexual assault at the time. Hank does not know.
Story says "sexual assault." Hank says it may have been used because of style guide or because that's what police said.
Grant asking about a newspaper's style guide. Rape vs. sexual assault. Hank says he does not know @thespec's official policy in 1981.
Hank cannot recall who that information came from or if it was told to him or Carla, who he shared the byline with.
On Monday morning there was an update in @thespec. In story: "Police said she may have been sexually assaulted."
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Mr. Werendowicz told Hank that Diane had been strangled. And he thought she was on her way to a party. Hank did not ask how he knew that.
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...names of all @TheSpec editions in 1981. Metro, city, lakeshore and early. #Badgerow #hamont
Hank does not have original first draft of the story. He has testified at the other #Badgerow trials. Grant going to transcripts for...
Hank no longer has his notebook from 1981. Grant asks who makes final decision about wording of story. Hank says it's the editor's.
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Hank did not go to scene or interview boys who found body...Crown done exam-in-chief. Now Grant doing cross.
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"Well, I guess we're going to get her a coffin," Mr. Werendowicz answered. Hank didn't use quote in the story. Felt it was an "intrusion."
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Her birthday was next day. "What were you going to get your daughter for your birthday?" Hank asked father. #Badgerow
Hank was at Werendowicz apartment for "probably about 10 minutes."
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A reporter takes "the most interesting" words and puts them in quotes, Hank says. Other details are paraphrased for the story.
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Do you print every word a person tells you? asks Crown Cheryl Gzik.
Mrs. Werendowicz was lying on couch, back to him. Husband said "she had taken some sedatives." Hank cannot recall what street they lived on.
Hank says if Mr. Werendowicz that Diane had been strangled with a purse he would have printed it. But he was not told that.
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Mr. Werendowicz gave Hank this photo of Diane to run in @TheSpec. Hank visited him on Father's Day. #hamont
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Hank explaining copy editors write headlines.
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The edition had @thespec photo of boys who found Diane. No mention anywhere in stories about what Diane was strangled with.
This story appeared in city edition of @thespec. Cost of paper was 25 cents. Monday June 22, 1981. Paper had story about Terry Fox unwell.
Metro edition went to wider #hamont area, city edition was "specific to city of Hamilton."
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"All that information would be assembled into a story," says Hank. @TheSpec had 4 editions a day, did not publish on Sunday.
Hank was assigned to do a "pick-up." Go to Diane's family and pick up a photo, do an interview. Carla went to crime scene.
Worked with another summer intern, Carla Mastromattei. Court sees page of @TheSpec where Hank & Carla shared byline on story about Diane.
Hank and I have never worked together. He now works at the London Free Press. He was a summer intern at @TheSpec.
Jury is being called in. First witness is Hank Daniszewski, who was a reporter at @TheSpec in 1981. #hamont
I'm in the courtroom at the Robert #Badgerow murder trial in Kitchener. Hearing some legal arguments before the jury is brought in. #hamont
Hmm not sure.. I know it sounds gross.. 1981 was a longgggg time ago. She would have wanted protection from unwanted offspring, I wonder if she was on the pill, but wouldn't her pills be in her purse if so? The other kind of protection .. yes.. you'd think if she was into one-night-stands, she'd want to use protection, especially considering she was a nurse and was undoubtedly well educated in that department. At the same time.... depending on how much she was affected by the amount of alcohol she had consumed (could affect her differently/more than others?), it's *possible* that no condom was demanded.. but.. what about him? What's his excuse for not having used one? he said he had consensual sex with her,.. where was his stash?
ps (do rapists ever use condoms??)
Never thought I'd be supporting the defence on this. Anyhow let me share this speculation I have cut several quotes from the Susan Clairmont twitter transcripts:
[
I know we're not supposed to suspect those not on trial, but the boyfriend thing is bugging me. My suggestion is LE get a current DNA sample from CV if they haven't already, not necessarily for this case, but other unsolved cases. I doubt an old sample from 1981 is trustworthy enough.
Here's my wild speculations and reasons for them
DW and CV had been at odds with each other at CV's own admission.
DW had old marks or scars - how about from physical abuse by CV?
Perhaps physical abuse is why they had a falling out and needed distance. In my opinion, someone who needs to cool off has gotten too hot headed.
CV works night of until 1:30 am. (or did he ask to leave early due to his girlfriend's birthday?) Lives in Etobicoke, unsure of what nightclub he works in--is it a TO club, or a Hamilton club? He gets his friends to say he went out for drinks or maybe no one really checked into that.
CV heads straight to DW's after work. It's not far, 30 min if his work was Etobicoke, 20 min if it was in Oakville (where he also frequented bars), and even less if it was a nightclub in Hamilton.
Maybe DW told CV she was going out for drinks during the phone call he mentioned
By his admission, they often went to Malarky’s so if she wasn’t home, he would likely check the bar route.
While he says he discussed the route with her before saying it was a ‘safety issue,’ he had no trouble letting her walk home on the previous June 15
By his own admission he knew the route.
More speculation....
What boyfriend of 4 yrs doesn’t honor his gf’s birthday? Did he intend to meet her for drinks after work? Maybe that's why she left by 12 because he perhaps had said he'd get off work early and join them. When he didn't show up, she got pissed off.
Why would CV go to Sauble Beach on her birthday? That’s a 2.5 hour drive one way from Etobicoke. He clearly had no intention of celebrating her birthday Saturday as by his own admission he didn’t get home until Sunday.
Continuing my speculation…CV meets up with her, she's pissed he came too late. He reacts and maybe figures out she'd been fooling around—maybe even saw her leaving RB’s car.
I was wondering just how the murderer got into ravine with his car unless he was on foot too. Alas, perhaps he rides a motorcycle into the area. Perhaps CV picks DW up or follows her on his bike along the ‘route’, maybe even stops to ask her if she had sex with the guy.
In her vengeful half high-on-marijuana-voice says, “Yeah, I did!”
CV gets angry, knocks her to the ground, turns around and runs her over, thus the indentation marks as in the following quote:
‏CV drags her to the swamp, stuff flies out of her purse, her shoes fall off, in anger, he strangles and drowns her. There is no 2nd intercourse happening. Throws a tire on her and says, “Take that *****” and heads off making plans for the next day to get out of town as most killers like to do. Of course he had motorcycle gloves on so none of his DNA or fingerprints would be found.
Current reasons to investigate: CV seems to have relatives in Orangeville, Barrie, and Coldwater and there are unsolved murders in Elmvale, Barrie, and Orangeville. Many are older. One is of a nurse (DW was a nurse). Those older cases suggest the perp would be older now himself. CV is 58 now.
Hopefully this has all been checked out.
[
[/QUOTE]
I know we're not supposed to suspect those not on trial, but the boyfriend thing is bugging me. My suggestion is LE get a current DNA sample from CV if they haven't already, not necessarily for this case, but other unsolved cases. I doubt an old sample from 1981 is trustworthy enough.
Here's my wild speculations and reasons for them
DW and CV had been at odds with each other at CV's own admission.
DW had old marks or scars - how about from physical abuse by CV?
Perhaps physical abuse is why they had a falling out and needed distance. In my opinion, someone who needs to cool off has gotten too hot headed.
CV works night of until 1:30 am. (or did he ask to leave early due to his girlfriend's birthday?) Lives in Etobicoke, unsure of what nightclub he works in--is it a TO club, or a Hamilton club? He gets his friends to say he went out for drinks or maybe no one really checked into that.
CV heads straight to DW's after work. It's not far, 30 min if his work was Etobicoke, 20 min if it was in Oakville (where he also frequented bars), and even less if it was a nightclub in Hamilton.
Maybe DW told CV she was going out for drinks during the phone call he mentioned
By his admission, they often went to Malarky’s so if she wasn’t home, he would likely check the bar route.
While he says he discussed the route with her before saying it was a ‘safety issue,’ he had no trouble letting her walk home on the previous June 15
By his own admission he knew the route.
More speculation....
What boyfriend of 4 yrs doesn’t honor his gf’s birthday? Did he intend to meet her for drinks after work? Maybe that's why she left by 12 because he perhaps had said he'd get off work early and join them. When he didn't show up, she got pissed off.
Why would CV go to Sauble Beach on her birthday? That’s a 2.5 hour drive one way from Etobicoke. He clearly had no intention of celebrating her birthday Saturday as by his own admission he didn’t get home until Sunday.
Continuing my speculation…CV meets up with her, she's pissed he came too late. He reacts and maybe figures out she'd been fooling around—maybe even saw her leaving RB’s car.
I was wondering just how the murderer got into ravine with his car unless he was on foot too. Alas, perhaps he rides a motorcycle into the area. Perhaps CV picks DW up or follows her on his bike along the ‘route’, maybe even stops to ask her if she had sex with the guy.
In her vengeful half high-on-marijuana-voice says, “Yeah, I did!”
CV gets angry, knocks her to the ground, turns around and runs her over, thus the indentation marks as in the following quote:
.
‏CV drags her to the swamp, stuff flies out of her purse, her shoes fall off, in anger, he strangles and drowns her. There is no 2nd intercourse happening. Throws a tire on her and says, “Take that *****” and heads off making plans for the next day to get out of town as most killers like to do. Of course he had motorcycle gloves on so none of his DNA or fingerprints would be found.
Current reasons to investigate: CV seems to have relatives in Orangeville, Barrie, and Coldwater and there are unsolved murders in Elmvale, Barrie, and Orangeville. Many are older. One is of a nurse (DW was a nurse). Those older cases suggest the perp would be older now himself. CV is 58 now.
Hopefully this has all been checked out.
Thanks for responding. My point exactly. Consensual but no condom??? 1 strike against.