WARNING: This story incorporates particulars of sexual assault and should have an effect on those that have skilled sexual violence or know somebody affected by it.
The person who sexually assaulted and killed 23-year-old Hamilton nursing assistant Diane Werendowicz in 1981, and was discovered responsible in 2016 of first-degree homicide in his fourth trial, has a shot at an early launch from jail.
Robert Badgerow, 66, obtained the obligatory sentence of life in jail with no probability of parole for 25 years, which suggests he usually would not be allowed to use till 2032.
However underneath the Prison Code’s Faint Hope Clause, Badgerow was allowed to ask for a judicial overview of his sentence after serving 15 years, and the request was granted. The clause was repealed in 2011, however stays an choice for folks serving sentences for homicide dedicated earlier than Dec. 2 of that 12 months.
Badgerow’s listening to started Monday earlier than a 12-person jury at Ontario’s Superior Court docket of Justice in Hamilton and is anticipated to run three weeks.
The jury will resolve if Badgerow shall be allowed to use for parole early, after the Crown and defence make their instances about his character, conduct in jail, nature of the crime and lasting affect on Werendowicz’s household. Badgerow can also be anticipated to testify.
Crown lawyer Cheryl Gzik, who efficiently prosecuted Badgerow in 2016 in Kitchener, informed jurors he is a “wolf in sheep’s clothes” who shouldn’t be given an opportunity for an early launch.
“Robert Badgerow is deceitful, hasn’t proven any regret or perception into his behaviour and denies the offence,” Gzik stated.
Badgerow — who’s over six-feet tall, has a protracted white beard, and was sporting glasses, denims and a inexperienced jacket on the listening to — had his head down within the prisoner’s field as he took notes on a big pad of paper.
He maintains his innocence however “respects” the felony justice system, defence lawyer Aditi Iyer informed the jury.
“Please take into consideration how a lot an individual can change after 43 years.”
Convicted after 4 trials
Badgerow’s case is exclusive in one other means — he was the primary particular person in Canadian authorized historical past to be tried for the same murder four times.
All through the authorized proceedings, together with a number of appeals and mistrials, he spent quite a few years in pre-trial custody and out on bail, which have counted towards his parole eligibility date.
One night time in 1981, Werendowicz was strolling residence from a Stoney Creek bar after celebrating her upcoming birthday with buddies.
That is when she encountered Badgerow, who dragged her right into a forested ravine and sexually assaulted her, stated Gzik in her opening assertion Monday.
He strangled her along with her purse strap and dumped her half clothed in a creek with a tire on prime of her head so there was “no potential probability of restoration,” Gzik stated.
“It was a brutal, horrific homicide. It wasn’t only a rape, however a rape, strangulation and drowning.”
The subsequent day, kids taking part in within the space found Werendowicz’s physique.
The case remained a thriller for 17 years — till developments in DNA expertise led to a breakthrough.
Within the late Nineteen Nineties, investigators have been in a position to extract DNA collected from semen discovered on Werendowicz’s physique and denims, and examine it to Badgerow’s DNA collected from a Tim Hortons soup spoon.
It was a match, and he was arrested in 1998.
On the time, he labored at what was then known as Dofasco and was a married father of three kids.
Badgerow claimed he and Werendowicz had consensual intercourse within the again seat of his automotive after she left the bar, and earlier than they parted methods, and he or she was killed by another person. He pleaded not responsible.
A jury discovered him responsible in 2001, however the case was overturned on enchantment.
Two extra trials adopted, in 2010 and 2011, and resulted in mistrials.
A decide then ordered a keep of proceedings — successfully ending prosecution — and Badgerow walked free for a 12 months and a half.
However in 2014, the Ontario Court docket of Enchantment ordered a fourth trial primarily based on proof that recommended Badgerow had known as 911 from a telephone at Gate 6 of Dofasco within the days after Werendowicz’s homicide.
The caller had incriminating data solely the killer would know.
A jury discovered Badgerow responsible.
Attended mom’s burial final 12 months
In whole, he has spent 11 years in pre-trial custody, 9 years out on bail and 6 years serving his sentence, Iyer stated.
Now he isn’t asking the jury for leniency, “however an opportunity to ask for leniency,” she stated.
Parole officer Shona Donovan testified that Badgerow is taken into account a low danger to reoffend, will get together with different male inmates, and has accomplished his highschool diploma and labored a number of jail jobs. He is completed one course designed to assist intercourse offenders, though he hasn’t admitted to sexual assaulting Werendowicz.
“He was an energetic participant who introduced as motivated,” Donovan learn from a report back to the jury. “Though he denied to committing the offence, he was in a position to tackle previous behaviours that have been problematic.”
Final 12 months, Canada’s parole board decided he was low danger sufficient to grant him a “uncommon” compassionate absence from Warkworth Establishment, Donovan stated. Jail guards escorted him outdoors the jail for 2 hours to attend his mom’s burial.
If the jury unanimously agrees to permit Badgerow to use for parole early, then a two-thirds majority decides what number of years he has to serve first.
For anybody who has been sexually assaulted, there may be help accessible by disaster strains and native help providers by way of the Ending Violence Association of Canada database.
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