Sanchez to be charged with two murders, evidence lacking in Diver case
by KIMBERLY M. KARCHER Clarence Editor

Alleged bike path rapist Altemio Sanchez was expected to be arraigned on two counts of second-degree murder Tuesday.

Police believe Sanchez, of Cheektowaga, is responsible for the rape and murder of University at Buffalo student Linda S. Yalem in 1990 and Majane Mazur in 1992.

A grand jury listened to evidence on Friday and later voted to indict Sanchez on both charges, according to Erie County District Attorney Frank J. Clark.

However, evidence connecting Sanchez to the 2006 murder of Clarence resident Joan Diver is lacking, according to police.

"We don't have enough evidence yet," said Mary Murray, public information officer for the Erie County Sheriff's Department. "There was no DNA found at the scene (of Diver's death), but his DNA was found on her steering wheel. That, however, only places him in the car, not at the scene."

"What we're going to do right now is proceed with these two cases," Clark explained. "Once he has been arraigned, he'll go through the normal process of pretrial motion practices. My guess is we are probably looking at at least six months for that process to run out, but while that is going on, the investigative task force, which is still intact, is concentrating on the Joan Diver case."

Police said they collected Sanchez's DNA from utensils he was using at Sole restaurant on Main Street in Amherst and matched it to evidence collected from numerous rape and murder scenes associated with the bike path rapist.

Speculation over whether or not the DNA was legally collected has been questioned by Sanchez's attorney, Andrew LoTempio. Clark believes there was no wrongdoing in the collection process and that the evidence will be allowed to be presented in court.

"In our opinion there was no Fourth Amendment prohibitions here," Clark said.

Sanchez is maintaining his innocence, but police believe they've got the right man.

"The DNA results are in the hundreds of billions or trillions even (of a match)," Clark said. "The odds against it being anyone else are trillions to one, but that's not the only proof we have to offer in the trial of the case. But, with regard to the DNA aspect of it, we are confident this is the guy."

The possibility for a change of venue is also being considered by Sanchez's attorney, according to police, but Clark believes that is a highly unlikely scenario.

"I think the motion will happen, and as I've said before, I've been involved in change of venue motions proceedings for 30 years, and I've never seen one happen," Clark said. "For it to happen you have to actually start picking a jury ... you have to show you can't get a fair and impartial jury. I've also been involved in cases that have much more publicity than this, and in my opinion it (a change of venue) shouldn't happen."

Sanchez is being held without bail at the Erie County Holding Center. Clark said during the arraignment he would ask that bail continue to be withheld. Each murder charge carries a sentence of 25 years to life in prison, according to police officials.