A Hamilton man will make legal history as he will be tried for first degree murder, four times.
Robert Badgerow will stand trial once again in the death of nursing student Diane Werendowicz 33 years ago.
The Ontario Court of Appeal handed down its decision today, a year after the Crown filed an appeal.
Badgerow’s semen was found inside Werendowicz’s body and while he admitted to having anonymous sex with her just hours before she was found dead, he says somebody else killed her.
He spent 11 years behind bars after he was found guilty at his first murder trial in 2001. The verdict was eventually overturned on appeal. A second and third trial in 2010 and 2011 both ended in hung juries.
No date has been set for the new trial.