Man convicted in 1981 murder of Hamilton woman gets shot at early parole
CBC
WARNING: This story contains details of sexual assault and may affect those who have experienced sexual violence or know someone affected by it.
The man who sexually assaulted and killed 23-year-old Hamilton nursing assistant Diane Werendowicz in 1981, and was found guilty in 2016 of first-degree murder in his fourth trial, has a shot at an early release from prison.
Robert Badgerow, 66, received the mandatory sentence of life in prison with no chance of parole for 25 years, which means he normally wouldn't be allowed to apply until 2032.
But under the Criminal Code's Faint Hope Clause, Badgerow was allowed to ask for a judicial review of his sentence after serving 15 years, and the request was granted. The clause was repealed in 2011, but remains an option for people serving sentences for murder committed before Dec. 2 of that year.
Badgerow's hearing began Monday before a 12-person jury at Ontario's Superior Court of Justice in Hamilton and is expected to run three weeks.
The jury will decide if Badgerow will be allowed to apply for parole early, after the Crown and defence make their cases about his character, conduct in prison, nature of the crime and lasting impact on Werendowicz's family. Badgerow is also expected to testify.
Crown attorney Cheryl Gzik, who successfully prosecuted Badgerow in 2016 in Kitchener, told jurors he's a "wolf in sheep's clothing" who should not be given a chance for an early release.
"Robert Badgerow is deceitful, hasn't shown any remorse or insight into his behaviour and denies the offence," Gzik said.
Badgerow — who's over six-feet tall, has a long white beard, and was wearing glasses, jeans and a green jacket at the hearing — had his head down in the prisoner's box as he took notes on a large pad of paper.
He maintains his innocence but "respects" the criminal justice system, defence lawyer Aditi Iyer told the jury.
"Please think about how much a person can change after 43 years."
Badgerow's case is unique in another way — he was the first person in Canadian legal history to be tried for the same murder four times.
Throughout the legal proceedings, including multiple appeals and mistrials, he spent a number of years in pre-trial custody and out on bail, which have counted toward his parole eligibility date.
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