Badgerow trial

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Robert Badgerow’s defence team continues to call witnesses at his historic fourth trial for the murder of Diane Werendowicz in 1981. However hearing a 35 year-old case means constant challenges and today, a reprimand for one of the crown prosecutors.

Many witnesses in this case have died or are too sick to come to court, so the crowns have been reading in their testimony from one or more of the three previous trials. Badgerow’s lawyers, Russell Silverstein and Ingrid Grant, have been reading the parts spoken by Badgerow’s previous lawyers and the witnesses they called. The final witness yesterday was Elizabeth Groves, the now-dead former girlfriend of Brian Miller, who was once a suspect in the Werendowicz murder. As the crowns were reading those parts, Prosecutor Michael Fox was overcome with laughter. He drank water to try to regroup, but the jury noticed and some laughed along.

This morning fox said he’d spent 30 years defending the dead. “I’d like to sincerely apologize for my lack of composure yesterday. I’d like the jury to remember the words of the witness, not the manner in which they were read.”

And Justice Patrick Flynn said further: “all witnesses are entitled to respect. Mr. Fox’s outburst of laughter was extremely inappropriate. There is nothing funny about the evidence.”

Badgerow’s lawyers then called more witnesses, like Linda McKinnell, who dated Badgerow in 1978 before he got back together with Tammy Hunt. McKinnell describes Badgerow’s voice here as deep and husky. She’s heard the 911 call police think was made by Werendowicz’ killer, and she doesn’t think it’s Badgerow, only the last line sounded like him, to her: “and that’s about all I can tell ya.”

The jury returns on Monday.