Man convicted in 1981 murder of Hamilton woman gets chance for early parole

In 1981, 23-year-old Hamilton nursing assistant Diane Werendowicz was brutally sexually assaulted and murdered by Robert Badgerow. After a long legal battle and being found guilty in his fourth trial in 2016, Badgerow is now seeking early release from prison. Despite receiving a mandatory life sentence with no chance of parole for 25 years, Badgerow has been granted a judicial review under the Criminal Code’s Faint Hope Clause.

The hearing to determine Badgerow’s eligibility for early parole began on Monday at Ontario’s Superior Court of Justice in Hamilton and is expected to last three weeks. The jury will consider factors such as Badgerow’s conduct in prison, the nature of the crime, and the impact on Werendowicz’s family before making a decision. Badgerow, who maintains his innocence, is expected to testify during the hearing.

Crown attorney Cheryl Gzik described Badgerow as a “wolf in sheep’s clothing” and argued against his early release, citing his lack of remorse and denial of the crime. Defense lawyer Aditi Iyer urged the jury to consider the possibility of personal growth and change over the past 43 years.

Badgerow’s case is unique in Canadian legal history as he is the first person to be tried four times for the same murder. After years of legal proceedings, advances in DNA technology led to his arrest in 1998. Despite claiming that he and Werendowicz had consensual sex before parting ways, DNA evidence linked him to the crime.

Throughout his time in prison, Badgerow has completed his high school diploma, participated in programs for sex offenders, and is considered a low risk to reoffend. Last year, he was granted a compassionate absence to attend his mother’s burial. If the jury allows him to apply for early parole, a two-thirds majority will decide how many years he must serve before being eligible for release.

For survivors of sexual assault, support is available through crisis lines and local services. The Ending Violence Association of Canada’s database can connect individuals with resources and assistance. It is important to provide a safe and supportive environment for those affected by sexual violence.