A grand jury has voted to indict the Cheektowaga factory worker - whom police have identified as the Bike Path Killer - in the September slaying of Joan Diver, law enforcement sources close to the case said Thursday. Altemio C. Sanchez, who has been jailed since Jan. 15, has already been arraigned in the slayings of two other women, Linda S. Yalem and Majane Mazur.
He is now about to be indicted in the strangulation and beating death of Joan Diver, 45, a Clarence mother of four who was attacked as she was jogging on a Clarence/Newstead bike path on the morning of Sept. 29, the sources said.
The date marked the 16th anniversary - to the day - that Yalem disappeared while running on the Ellicott Creek bike path in Amherst.
Law enforcement officials previously revealed that they found trace amounts of the Bike Path Killer's DNA on Diver's vehicle, which they say the suspect moved from one point on the bike path to another.
However, no DNA evidence was ever recovered from the slain woman's body.
Diver's case marks the last slaying that authorities have linked to Sanchez. The suspect has also been named in at least eight rapes in which his victims survived.
However, none of the rapes can be prosecuted because those cases all occurred well over five years ago and have therefore exceeded the statute of limitations. The statute on sex crimes was lifted last year but cannot be applied retroactively.
There is no statute of limitations for homicides.
Both prosecutors and Sanchez's attorney, Andrew C. LoTempio, declined to comment on the new indictment Thursday.
Sanchez maintains his innocence, according to LoTempio.
The vote on Diver's murder indictment came a day after Sanchez's wife, Kathleen, testified under subpoena. Kathleen Sanchez, who has two grown sons with Altemio Sanchez, has appeared in court for her husband's hearings since his arrest.
Police on the Bike Path Killer task force saw the Sanchezes dining in an Amherst restaurant on the evening of Jan. 13. They obtained a water glass and silverware that they saw Altemio Sanchez use during dinner and turned them over to the Erie County forensic lab for DNA testing.
That DNA matched samples from evidence previously identified as that of the Bike Path Killer, authorities said.
Neither Kathleen Sanchez nor her attorney, John M. Dudziak, could be reached to comment Thursday.
Indictments in the Yalem and Mazur slayings are scheduled to be returned in State Supreme Court on Tuesday.
e-mail: mgryta@buffnews.com