Forensic pathologist testifies Diane Werendowicz's death was a sexually-motivated homicide
WARNING: this story contains graphic details
An expert in forensic pathology and two men who testified the voice they heard on a 911 call may not be that of Robert Badgerow took the stand to start the second week of witnesses called by the defence.
Robert Badgerow is facing a precedent-setting fourth trial for first-degree murder in the 1981 death of nursing assistant Diane Werendowicz, who was found found lying face down in a creek in Stoney Creek, close to where she lived. It was later determined she was strangled and drowned.
The defence team has focused the case on a convicted sex offender, Brian Miller, who they have put forward as an alternate suspect.
Sexually-motivated homicide
The defence called Dr. Christopher Milroy to testify as an expert in forensic pathology. He was first called as an expert in the 2011 court case, which also took place in Kitchener.
Dr. Milroy told the court he believes the death was a sexually-motivated homicide, where the assailant gets sexual gratification during an assault but no penetration actually occurs.
"The assailant has a specific sexual motive. It could be the touching of the breasts or penetration with another object," said Milroy.
He explained there may be sexual assault cases where the victim's clothing has been damaged with absolutely no penetration at all.
Diane Werendowicz's body was found in the ravine with her jeans on, her blouse undone with her bra on, but she was not wearing underwear.
The defence approach continues to focus on an alternate suspect who they say may have attacked the nursing assistant.
Badgerow's DNA was found on Werendowicz's body, but he has maintained that he and Werendowicz had consensual sex in the back seat of his car in the parking lot of a Stoney Creek bar before she walked home.
The 911 call
Monday's proceeding also centred around the 911 call made to police from a pay phone at Dofasco in Hamilton where Badgerow worked.
Aloez "Lou" Tratnyek, whose wife was a second cousin of Badgerow, was asked if he recognized the voice on the 911 call from 1981. Tratnyek said Badgerow had a husky voice but the caller did not. The defence then played a video of Badgerow giving a speech at his wedding in 1982 and asked if the voice sounded deeper and huskier than the 911 call.
"[It] sounded deeper and huskier than what I heard before," said Tratnyek.
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Former roommate testifies
Defence witness Tim Bradshaw was also presented with an excerpt of a 1998 video of an encounter he had with a Hamilton police officer investigating the case. In the video, the original 911 call is also heard.
"The voice does sound familiar. I've heard it before," said Bradshaw on the video.
Bradshaw told the investigating officer the voice sounded like his former roommate Brian Miller, because of the way the voice said the word 'blonde' in reference to the body of Werendowicz.
Bradshaw told the court he and Brian Miller first met in the early 1980s, became close friends and said they hung around drinking beers and going to bars. They became roommates in 1983 and lived together for two years.
Crown attorney Cheryl Gzik focused her line of questioning on a 1986 incident when Miller and Bradshaw were travelling in a car in Hamilton.
Bradshaw says Miller spotted a young woman and explained he wanted to speak to her. Bradshaw dropped Miller off at an intersection, then went on an errand and came back 20 minutes later to pick up his friend. The court heard Miller explained to Bradshaw that he had sex with the woman they had earlier spotted. Miller was later convicted of sexually assaulting the woman.
Brian Miller testified last week. It is expected that Robert Badgerow will take the stand before the defence rests its case.