Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Robert Kociuk. Show all posts
Showing posts with label Robert Kociuk. Show all posts

Friday, March 5, 2010

Jury finds Robert Kociuk guilty of first degree murder in 1984 killing


A jury has found Robert Kociuk guilty of first-degree murder in the slaying of Beverley Dyke nearly 26 years ago.
- Kociuk faces a mandatory sentence of life in prison with no chance of parole for at least 25 years under the the most serious charge in the Criminal Code.
- The family of Beverly Ann Dyke was in tears this evening when a jury convicted a man of killing the Winnipeg woman more than 25 years ago.
- Robert Kociuk, 68, was convicted of first-degree murder. He was arrested in 2005 after his DNA was matched to semen found on Dyke’s body. She was brutally raped and stabbed to death in 1984, her half-naked body discarded in a wooded area near the Winnipeg airport.
Kociuk, 68, was on trial accused of raping and stabbing Dyke to death on May 15, 1984 and leaving her half-naked body in a wooded area near what is now called Richardson International Airport.
Jurors began deliberating early Friday afternoon. A verdict was reached Friday night at around 8 pm.
Kociuk’s lawyers argued another man, Leonard White, was responsible for Dyke’s murder. White confessed to the killing in 1988.
Police dismissed the confession, believing White gleaned details of the killing from news reports. Court heard testimony suggesting White claimed responsibility for the killing so he could remain in prison with his gay lover.
White died in 1999.
When police in 2005 confronted Kociuk with DNA evidence proving he had sex with Dyke, Kociuk denied ever meeting her. He later claimed he had sex with Dyke but said it was consensual.
- Kociuk was initially interviewed as a potential suspect because he was seen by police in the area where the killing occurred on the day before Dyke’s body was found by a jogger. Kociuk had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist.
- "Wrong guy. I do hold-ups. You guys know. I don’t do murder," he told investigators at the time.
- Kociuk continued to deny ever meeting Dyke even after he was arrested in 2005 and confronted with the new forensic evidence. Police told him the chances of a mistake were one in 680 billion.

KEN GIGLIOTTI / WINNIPEG FREE PRESS Enlarge Image
A police mug shot of Robert Kociuk
 WINNIPEG — Beverley Ann Dyke was brutally raped and stabbed to death 26 years ago, her half-naked body discarded in a wooded area near the Winnipeg airport. Now a Winnipeg man has been convicted of a "cold case" killing which grieving family members feared would never be solved.
Robert Kociuk, 68, was found guilty Friday night of first-degree murder and given a mandatory sentence of life in prison with no chance of parole for 25 years. Jurors reached their verdict after just a few hours of deliberations. Kociuk showed no visible reaction upon learning he will remain in prison until he’s at least 93, while members of the victim’s family broke down in tears and embraced each other.

"Our family has been waiting 26 years for a conclusion to this nightmare," an emotional Chris Dyke said outside the courthouse.
His mother, Beverley, was randomly targeted and attacked by Kociuk IN 1984 in a case which puzzled and frustrated investigators for years. Kociuk was finally linked to the crime after advancements in technology meant a sample of his DNA collected following a robbery conviction was matched to semen found on Dyke’s body.
"The DNA registry is a remarkable thing. It gives you new hope," said Dyke. "We hope that with this conviction we will finally be able to get some closure and put our mother to rest."
The case against Kociuk was complicated by the bizarre fact someone else previously admitted to Dyke’s slaying. Leonard White -- who was himself killed in 1999 -- made the admission during a 1988 interview at a penitentiary in Prince Albert, Sask.
Kociuk’s lawyers urged jurors this week to find Kociuk not guilty, saying White had a lengthy history of violence against women and even attempted suicide on the day Dyke’s body was found.
"Leonard White killed her," said lawyer Roberta Campbell in her closing statement this week. "He was a violent, dangerous, explosive psychopath."
Jurors clearly disagreed in reaching the quick verdict.
Police and justice officials have always discounted White’s claim, saying they believe he falsely confessed in an attempt to stay in prison with his gay lover. Police testified last week White had a history of making bogus confessions and only knew facts about Dyke’s case that had already been revealed publicly through the media. White claimed another man named "Ricky Morris" raped Dyke, but police said exhaustive police efforts could find no evidence such a person even existed.
Kociuk was initially interviewed as a potential suspect because he was seen by police in the area where the killing occurred on the day before Dyke’s body was found by a jogger. Kociuk, a career criminal, had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist.
"Wrong guy. I do hold-ups. You guys know. I don’t do murder," he told investigators at the time. Kociuk continued to deny ever meeting Dyke even after he was arrested in 2005 and confronted with the new forensic evidence. Police told him the chances of a mistake were one in 680 billion.
"That’s impossible. It’s not mine. It can’t be mine," a Kociuk told homicide detectives in a videotaped interview played for the jury. "I think you guys got your wires crossed here. I don’t know this lady," he said.
- Kociuk’s lawyers conceded at trial the DNA found on Dyke was a match to their client through consensual sex but offered up no further explanation. Kociuk never took the witness stand to tell jurors about the major contradictions in his evidence.
- "The brutal slaying of our mother...has left a gaping hole in our family," Dyke’s daughter, Barb Botelho, said in her victim impact statement read aloud in court Friday night. She said Dyke never got to watch her three children get married or meet any of her eight grandchildren.
- "She was an extremely kind and sweet person. How could such a heinous crime occur?" she said. "We will all grieve the loss of her forever."
- The case against Kociuk was complicated by the bizarre fact someone else previously admitted to Dyke’s slaying. Leonard White -- who was himself killed in 1999 -- made the admission during a 1988 interview at a penitentiary in Prince Albert, Sask.
- Kociuk’s lawyers urged jurors this week to find Kociuk not guilty, saying White had a lengthy history of violence against women and even attempted suicide on the day Dyke’s body was found.
- "Leonard White killed her," said lawyer Roberta Campbell in her closing statement this week. "He was a violent, dangerous, explosive psychopath."
- Jurors clearly disagreed in reaching the quick verdict.
- However, police and justice officials have always discounted White’s claim, saying they believe he falsely confessed in an attempt to stay in prison with his gay lover. Police testified last week White had a history of making bogus confessions and only knew facts about Dyke’s case that had already been revealed publicly through the media.
White claimed another man named "Ricky Morris" raped Dyke, but police said exhaustive police efforts could find no evidence such a person even existed.
- Beverley Dyke's family read victim impact statements aloud in court.
Robert Kociuk has been convicted of first-degree murder in the 1984 killing of 48-year-old Beverley Anne Dyke.
Jurors reached a verdict at approximately 8 p.m. Friday after nearly a full day of deliberations.
Kociuk, 68, will not be eligible for parole for 20 years — 25 years following his 2005 arrest — and will almost certainly die in prison.
Kociuk, a career bank robber, appeared stone-faced minutes after the verdict and had no words for the court.
Family members of the victim cried and embraced in court.
“It was the most nervous moment I ever had, waiting for that verdict,” Dyke’s son Chris said outside court.
In a prepared statement, Chris thanked police and justice officials for their dogged pursuit of his mother’s killer.
“Our family has been waiting 26 years for a conclusion to this nightmare,” Chris said. “Our mom would have been deeply touched by the diligence and dedication that so many people have shown in finding her killer and bringing justice to her memory.”
Kociuk’s conviction is a testament to the value of the national DNA bank. Had he not continued in a life of crime and been required to submit a DNA sample following a 2005 conviction for bank robbery, he might never have been charged with Dyke’s murder, let alone convicted.
Jurors were told Kociuk raped and stabbed Dyke to death on May 15, 1984 and left her half-naked body in a wooded area near what is now called Richardson International Airport.
Kociuk’s lawyers argued another man, Leonard White, was responsible for Dyke’s murder.
White confessed to the killing in 1988 but police dismissed the confession, believing White gleaned details of the slaying from news reports.
Court heard testimony suggesting White claimed responsibility for the killing so he could remain in prison with his male lover.
Jurors also heard evidence White attempted to commit suicide the same day Dyke’s body was discovered.
White was killed in 1999.
Jurors also heard testimony from a neighbour who claimed he saw Dyke outside her home a day after prosecutors said she was killed.
“Mr. Kociuk had sex with (Dyke) at one time, Leonard White killed her,” defence lawyer Roberta Campbell said in her closing address to jurors Wednesday. “He killed her and the police are wrong. The police make mistakes now and they made them in the ‘80s.”

Beverley Ann Dyke was brutally raped and stabbed to death 26 years ago, her half-naked body discarded in a wooded area near the Winnipeg airport. Now a Winnipeg man has been convicted of a "cold case" killing which grieving family members feared would never be solved.

Robert Kociuk, 68, was found guilty Friday night of first-degree murder and given a mandatory sentence of life in prison with no chance of parole for 25 years. Jurors reached their verdict after just a few hours of deliberations. Kociuk showed no visible reaction upon learning he will remain in prison until he’s at least 93, while members of the victim’s family broke down in tears and embraced each other.


"Our family has been waiting 26 years for a conclusion to this nightmare," an emotional Chris Dyke said outside the courthouse.
His mother, Beverley, was randomly targeted and attacked by Kociuk IN 1984 in a case which puzzled and frustrated investigators for years. Kociuk was finally linked to the crime after advancements in technology meant a sample of his DNA collected following a robbery conviction was matched to semen found on Dyke’s body.

"The DNA registry is a remarkable thing. It gives you new hope," said Dyke. "We hope that with this conviction we will finally be able to get some closure and put our mother to rest."

Personally, I feel that the defence did raise a reasonable doubt as to whether Kociuk committed this crime as another man had confessed to the murder. Besides his DNA, their was no evidence that Kociuk murdered this woman and no evidence that the sex he had with her, was consensual or sexual assault. I also dont agree with the mandatory minimum sentence for murder of no parole eligibility for 25 years. Judges should be allowed to have ultimate discretion and should be free to consider aggravating and mitigating circumstances to arrive at a decision and not to be bound to MMS. Every murder case is different and unique and some warrant lengthier sentences than others. They should all be treated the same as that leads to inequalities in the system with some people being sentenced more harshly than what was needed and leads to disproportionate sentences. 

It's a tough case though, because on the other hand, he could be seen as lying about the fact that he didnt kill Dyke or sexually assault her. It could be seen that he was actually searching for the gun that night. But the problem with that is, that he actually did commit a robbery the next day with the gun that he bought that night while near the murder scene. He also has no motive to kill this woman and had no previous relationship with her. So how did he meet her and why would he want to kill her?

Deliberations underway in 1984 murder case of Beverley Dyke


A jury began deliberations Friday afternoon in the trial of a man accused of the 1984 rape and killing of a Winnipeg woman.
Robert Kociuk, 68, has pleaded not guilty to first-degree murder of Beverley Ann Dyke. An autopsy revealed Dyke, 48, was sexually assaulted and stabbed 13 times. Her partially nude body was found in a wooded area near the city's airport.

Kociuk faces a mandatory sentence of life in prison with no chance of parole for at least 25 years if convicted of the most serious charge in the Criminal Code.

The case against Kociuk is complicated by the fact someone else previously admitted to the slaying. Leonard White -- who was himself killed in 1999 -- made the admission during a 1988 interview at a penitentiary in Prince Albert, Sask. He had been serving an 8 year prison term for aggravated assault. He claimed that he felt guilt over what he had done and even attempted suicide. Defence claims that he knew information about the murder, that was not contained within the media reports.

Kociuk’s lawyers argued this week White had a lengthy history of violence against women and even attempted suicide on the day Dyke’s body was found.

"Leonard White killed her," said lawyer Roberta Campbell in her closing statement this week. "He was a violent, dangerous, explosive psychopath."

However, police and justice officials have always discounted White’s claim, saying they believe he falsely confessed in an attempt to stay in prison with his gay lover. Police testified last week White had a history of making bogus confessions and only knew facts about Dyke's case that had already been revealed publicly through the media.

White claimed another man ,named "Ricky Morris," raped Dyke, but police said exhaustive police efforts could find no evidence such a person even existed.

Kociuk was initially interviewed as a potential suspect because he was seen by police in the area where the killing occurred on the day before Dyke's body was found by a jogger. 

Kociuk had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist.
"Wrong guy. I do hold-ups. You guys know. I don't do murder," he told investigators at the time. The robbery took place the next day. He was also seen searching the area where the body and knife were found days later by police. He claimed that he was picking up trash but when was told about the homicide investigation, changed his story and said that he was waiting for a man to deliver a gun to him for his next robbery and was looking for pop cans. He said that the other man chose this spot and claimed he knew nothing about a murder.

Although they had the semen sample from Dyke's body, DNA testing didn't exist at the time and it would take more than two decades until they could link the sample to Kociuk.
Kociuk continued to deny ever meeting Dyke, even after he was arrested in 2005 and confronted with the new forensic evidence. Police told him the chances of a mistake were one in 680 billion.

"That's impossible. It's not mine. It can't be mine," a Kociuk told homicide detectives in a videotaped interview played for the jury.
"I think you guys got your wires crossed here. I don't know this lady," he said.

Kociuk's lawyers are now conceding the DNA found on Dyke is a match to their client through consensual sex but offered up no further explanation. Kociuk never took the witness stand to tell jurors about the major contradictions in his evidence.

Here are the previous media releases and stories about this trial: 
1984 murder case finally in court (Sept.14, 2007)

This is a complicating case because of the many contradictions. I have a doubt that Robert Kociuk committed this murder because he was under constant surveillance by police and lived in a halfway house, so where did he have the opportunity to commit murder? All of his previous crimes had only been bank robberies and like he said, he doesn't do murders. I believe that he had sex with Dyke at some point, but did not kill her, because their is very limited evidence that ties him to the murder. I believe he should not be convicted of first degree murder or sexual assault, because their is really no evidence that suggests for a certainty, that he sexually assaulted (without consent) and killed this woman. 

Thursday, March 4, 2010

Closing arguments in Robert Kociuk murder trial, dating back to 1984

Jurors shown horrific photo of slain woman
Jury hears closing arguments in 25 year old murder case
Closing arguments made in murder case dating back 26 years 


- The murder was 26 years ago, but Crown prosecutor Brian Wilford urged the jurors to convict the now frail, elderly man sitting across from them for Beverley Ann Dyke's death.
- Lawyers gave closing arguments yesterday in the first degree murder trial against 68 year old, Robert Kociuk. 
- Robert Kociuk, 68, stands accused of killing 48-year-old Beverley Dyke, whose body was discovered May 17, 1984, in a wooded area near what is now Murray Industrial Park, just southwest of the airport.
- She was stabbed 13 times and sexually assaulted, her body left half naked in the wooded bush. 
- Part of the jury's decision will depend on whether they believe another dead man is responsible for the 1984 stabbing death of Dyke. Defence lawyers argued the jury cannot find Kociuk guilty due to a confession made by Leonard White, who died in 1999. While in jail at the Saskatchewan Penitentiary in 1988, White confessed to stabbing the divorced 48-year-old woman, who police believe disappeared while she was out walking near her Wolseley-area home.
- He made a full confession but police said that since he had falsely confessed to many murders just before his parole eligibility came up and was considered an habitual liar, they did not believe his claim. 
- White had grappled with psychological issues and self-mutilation, and stabbed another Wolseley woman in the throat, which was the reason he was in prison after being convicted of aggravated assault. 
- He attempted suicide around the same time Dyke's body was found. Defence lawyers say he did so, because he felt guilty over what he had done. 
- "Leonard White killed her," said lawyer Roberta Campbell, who represents Kociuk. "He was a violent, dangerous, explosive psychopath."
- Police said White's confessions contained no information that wasn't contained in news reports and they thought the confession was bogus. White was interviewed by police again 10 years later. "He knew nothing and said nothing only the killer would know," Wilford said.
- But Defence lawyers say that he did know certain details of the murder that only the killer would know, such as the fact that she was found partially clothed from the waist down, held up her hands to defend herself and he could describe the exact location where her body was found. 
- The trial has been hearing testimony for the past 2 weeks. The Judge will give his Charge to the Jury this morning, with deliberations to follow, starting in the afternoon. 
- Police arrested Kociuk in 2005 and charged him with murder after he was forced to submit a DNA sample following robbery convictions in Hamilton, Ont.
- Kociuk was arrested for a bank robbery the day Dyke’s body was discovered. He was serving time at Millhaven Penitentiary in Ontario for a different robbery when he was charged with Dyke’s murder in 2005 after Winnipeg police matched a semen sample taken from Dyke’s body with Kociuk’s DNA.
- The tests showed his semen matched a sample taken from Dyke's body, which was found in a wooded area near the Winnipeg airport. Kociuk told Winnipeg police repeatedly he did not know Dyke, including in an interview only days after the killing. During the trial, his lawyers conceded Kociuk had sex with Dyke.
- Although they are unsure as to when he had sex with her and whether it was consensual or not, therefore, raising a doubt as to whether she was sexually assaulted and ultimately murdered by Kociuk. 
- Kociuk was seen searching near where a bloody knife was later found, the day before Dyke's body was found, but he told investigators he was looking for trash and waiting to make a deal for a gun to be used in a bank robbery.
- The bank robbery took place the next day.
- "Mr. Kociuk is a bank robber, not a murderer,” said defence lawyer Roberta Campbell, referring to her client’s criminal past.
- Defence lawyer Roberta Campbell asked jurors to acquit Kociuk, arguing another ex-con named Leonard White — who confessed to the crime in 1988 while serving an assault sentence in Saskatchewan — was the real killer.
- White, who died in 1999, slashed his wrists in a failed suicide attempt hours before Dyke’s body was found in 1984. Campbell argued he knew details of the crime only the killer would know when he confessed to it four years later.
- Police rejected White’s confession at the time because they didn’t believe it was credible.
- “Mr. Kociuk had sex with (Dyke) at one time, Leonard White killed her,” Campbell said. “He killed her and the police are wrong. The police make mistakes now and they made them in the ’80s.”
- Crown prosecutor Brian Wilford told jurors White was a habitual liar who fabricated the confession because he wanted to remain in prison with his cellmate Ken Kirton, who was also his lover.
- The Crown and defence presented different views to jurors Wednesday on other issues as well, including the time and date of Dyke’s death, whether a knife found several hundred yards from the scene was the murder weapon, and why Kociuk gave police different reasons for having been seen near the scene within days — or possibly even hours — of Dyke’s death.
- Kociuk, now a grey-haired senior who walks with a cane, sat silently in the prisoner’s box all day, rarely changing his stoic expression as he listened to the arguments. He did not testify during the trial.

Wednesday, March 3, 2010

Robert Kociuk Trial Closing Arguments

I attended the Robert Kociuk first degree murder trial today, where closing arguments were taking place. The Defence counsel went first. 

The Defence started by reminding the jury that Kociuk is presumed innocent until proven guilty beyond a reasonable doubt by the Crown and that we have this rule to protect against wrongful convictions. When Kociuk was interviewed by police in 2005, he said that he didnt know Beverley Dyke (the murder victim) and did not have sex with her. He now agrees that the DNA found on Dyke's body, is indeed his. This not mean however, that he had sex with her, sexually assaulted her or that he killed her, said defence. He does not need to prove his innocence or explain why his DNA was found there. He initially told police that he is a bank robber, not a murderer and he didnt understand why he was being charged. 

He was near the murder scene on May 15th, the day the Crown alleges that Dyke was killed on, buying a gun from a man in order to commit his next robbery, which happened the next day, the same day that Dyke's body was found. Dyke's neighbour, Kalen, said that he saw Dyke alive on May 16th at her house and that he remembered this because she exhibited "odd behaviour." This proves, that she did not die on May 15th. An entomologist testifed that it is very likely that she died on May 16th or the early hours of May 17th. Kociuk maintained his position that he did not have one night stands with girls and was upset at the fact that he was being charged with murder. He was scared and wanted nothing to do with it. Much of the evidence that could have proved Kociuk's innocence or guilt, has either been lost or destroyed, such as fingerprints, blood, etc. Dyke's pubic hair was never tested for DNA. A few joggers and cyclists who frequented the wooded area where Dyke's body was found, said that they would have noticed a body, if one had been there on May 15th. But they didn't, because there was no body at that time. 

No bloody clothes or shoes were ever found. The police searched Kociuk's room at the halfway house where he lived with his roommate, and his vehicle but found nothing to suggest that he was involved in this murder. They did find evidence of his robberies however, such as tools, disguises, etc. Defence says that Kociuk was picking a friend up at the same time that the murder would have happened. Where did he have the time to kill somebody? When the police spoke to him, there was no blood on his shoes. How could he commit a murder when he lived in a halfway house on parole, under supervision and a curfew? He had no opportunity to commit murder and no motive. The police said that they found the murder weapon, but really, all they found was a knife. It had blood on it, but they could test whether it was Dyke's blood and could not determine the blood type. The knife has no connection to the murder. Kociuk was also under daily surveillance during bank hours, because he was a bank robber. Where could he commit a murder without anybody seeing? 

The evidence does not fit with the theory that Dyke was killed on May 15th. We know he had sex with Dyke, but do not whether it was consensual or not or when it happened. This does not prove sexual assault or murder. To convict of sexual assault, it needs to be proven that their was non consensual sex. No evidence here suggests that. 


Leonard White, who was serving an 8 year prison term for aggravated assault at the time he was interviewed in 1988, gave a full confession to police, admitting to the murder. He felt guilty and had difficulty forgiving himself and resorted to self harm to cope with his problems. He also possessed psychopathic personality traits. He was violent and was a woman hater. Robert Kociuk was a bank robber, not a murderer. The Defence suggested that Leonard White killed Beverley Dyke. Leonard said that a "Ricky Morris" was with him, but no such person existed. Defence suggests that this unknown person could have lied to Leonard about his name initially. Leonard knows a man named Ricky White, whose name is similar to the one he gave police. An unknown person's DNA was found at the scene and it could have been from this unknown person. He gave police information about the murder that was not in the media such as the fact that he could see her breasts, that she was naked from the waist down, that she held up her arms to defend herself and that she had no stab wounds below the waist. None of this information, which is all true, was reported by the media. He could also describe the road and wooded area and the location of the body, perfectly, which was not reported. He even remembered the weather on that day and was right. He did get the number of stab wounds wrong, but said that when he is mad, he just keeps stabbing and is not counting. He said that he felt bad and slashed himself and got drunk, which did happen. The Crown claims that he confessed to the murder because he wanted to remain in prison longer with his gay lover. But this man was dangerous and violent and knew that he had no such chance of being released, therefore, he admitted to the murder, simply because he felt bad about it. He never gave specifics to other murders that he confessed to, like this one. 


The Defence says that the jury should have a doubt that Robert Kociuk committed this crime of sexual assault and first degree murder and should therefore, be acquitted. 


CROWN: 
They claim that Kociuk had intent to murder while committing the sexual assault. He claimed that "her (defence lawyer's) submissions are fatally flawed," and that she overlooked evidence that does prove his guilt beyond a reasonable doubt. It is clear that she was sexually assaulted where she died because she was naked. Kociuk's DNA was a match to the semen found on Dyke's body. Their was no sperm from any other unknown person except on a kleenex found next to the body. He says that the killing could have taken place on or about May 15th but is not targetting that exclusive day. Dyke's cause of death was from the fatal stab wounds. A pathologist said their was evidence of recent sexual intercourse (redness) and that the time of death could not exclude the 15th or the 16th but was more than 24 hours previous to the day the body was found on the 17th. The wounds were caused by a sharp, one sided instrument which is consistent with the knife with human blood found near the scene. Intercourse took place more than 4 hours previous and took place recently prior to death. On the 16th, Kociuk had been seen by police searching for something near where the knife was later found. He first said he was collecting garbage but then changed his story and said that he was waiting for a man to deliver a gun to him (and that man chose this spot) and he was paranoid because the police were watching him (surveillance). He then said that he was picking up pop cans and then left to get the gun. The knife found, was similar to a knife that Kociuk possessed. He claimed that he used it for fishing. 


Crown claims that all the information Leonard White told police, had been reported in the media earlier. He is an habitual liar and the man he said helped him, "Ricky Morris," does not exist. He made no mention to stab wounds to the back, when there were. He also said that he threw the knife in a river or traded it with someone, which is not true. He also said that he cut her throat, which is also not true. Just because he is violent, does not make him connected or responsible for this murder. 


I am not sure which argument to believe, at the moment. This is a very complicated case, especially because it took place more than 20 years ago (1984).

Monday, March 1, 2010

Witnesses in Kociuk trial contradict murder timeline


- A neighbour saw Beverley Dyke sitting outside her house a day after Crown prosecutors say she was killed nearly 26 years ago, a jury was told Monday.
- Greg Kalen testified he was fixing his bicycle outside his Fawcett Avenue apartment building when he saw Dyke, 48, sitting on the curb in front of her house. He is positive that she was alive and well on the afternoon of May 16, 1984.
- Kalen, who had to refer to his 26-year-old police statement to refresh his memory, said he was struck by Dyke’s “odd behaviour.”
- “She was just sitting there for an hour ... going back and forth to the front doorstep of her house,” Kalen said.
- Crown pressed Kalen to concede he might have been mistaken about the date he saw Dyke.
- “If I said it, I believe it to be true,” Kalen said.
- The Crown has previously stated their theory that Dyke, 48, was attacked on May 15, then discovered in a wooded area near the Winnipeg airport May 17.
- "I have absolutely no reason to lie," Kalen said when pressed by prosecutor Brian Wilford about the accuracy of his evidence. Kalen disputed suggestions he might be mistaken about the date, saying he vividly recalls seeing Dyke that day.
- "She was going back and forth from her front door to the curb. Because of her odd behaviour I looked out my apartment window a few times," he said.
- Another defence witness, entomologist Gail Anderson, also cast doubt on the Crown’s theory of when Dyke was killed. Anderson said the presence of certain insects in Dyke’s body suggested she was killed sometime between the afternoon of May 16 and the early morning of May 17.
- The defence alleges Dyke’s real killer was a man named Leonard White, a woman-hating convict who confessed to the murder in 1988. White died in 1999.
- Jurors were told Monday that White was hospitalized on May 17, 1984 after slashing his wrists. According to an agreed statement of facts, White provided hospital staff with no “intelligible” reason for the suicide attempt.
- Robert Kociuk, 68, is on trial accused of raping and stabbing Beverley Dyke to death on May 15, 1984 and leaving her half-naked body in a wooded area near the Richardson International Airport after his DNA was matched to the semen found on Dyke's body. He was arrested in 2005 and has now pleaded not guilty to first degree murder.
- Kociuk denied in a videotaped police interview having any contact with Dyke, but his lawyers have now conceded a DNA match. No further explanation or evidence has been given to jurors about that issue and Kociuk was not called to testify in his own defence.
- Kociuk was initially interviewed as a potential suspect because police saw him in the area where the killing occurred the afternoon of May 16 -- the day Kalen insists he saw Dyke alive. Kociuk had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist. Police found a knife in that area that they believe was linked to the stabbing, but investigators soon lost the weapon, which has never been recovered.
- The Crown and defence have now closed their cases. Closing arguments are set to be heard Wednesday.
- Jurors should start their deliberations on Thursday after the Judge gives her charge to the jury. 

Thursday, February 25, 2010

In police interview, Kociuk denied rape but now admits it


- DNA evidence proving he had sex with her, accused killer Robert Kociuk remained adamant he didn't know Beverley Dyke, jurors heard Thursday.
- "It's not mine.... Impossible," Kociuk told police during an April 2005 interview at Millhaven Institution, where Kociuk was serving time for robbery.
- "That's impossible. It's not mine. It can't be mine," a visibly stunned Kociuk told homicide detectives in a 2005 videotaped interview
- Semen taken from the 48-year-old victim had been matched to a DNA sample from Kociuk, thanks to advancements in modern technology. But Kociuk repeatedly denied even knowing Dyke during his interview.
- "I think you guys got your wires crossed here. I don't know this lady," he said. Kociuk claimed he saw a television documentary that stated the U.S. attorney general "makes mistakes over 90 per cent... 95 per cent of the time."
- "Why would I have anything to worry about?" he asked.
- "I'm a bank robber, not a (rapist)," Kociuk told police in a videotaped interview played for jurors.
- "It's not nice for anybody to go through anything like that," he said. "I have very strong thoughts about sex offenders. I certainly don't want to be accused of being one."
- “I didn’t have one night stands,” he said. “I wasn’t a jump-in-the-sack kind of guy ... I didn’t go around chasing women.”
- "It's very difficult to attack this kind of science," Det. Sgt. Al Bradbury told Kociuk. "It's been proven."
- Police arrested Kociuk for robbing a bank the same day Dyke's body was discovered. Police who had been following Kociuk spotted him a day earlier in the vicinity of the murder scene. When questioned about the killing, Kociuk told police he was in the area waiting for a man to deliver a gun.
- Kociuk provided a second DNA sample to police following his April 2005 interview. Winnipeg police arrested him the following November.
- On the day he was arrested, Kociuk said the only woman he had sex with at the time of Dyke's death was his girlfriend.
- "I didn't have one night stands," he said. "I wasn't a jump-in-the-sack kind of guy... I didn't go around chasing women."
- Kociuk denied a suggestion he had his girlfriend's car burned following his robbery arrest to destroy any evidence connecting him to the murder.
- "Why would I be worried about it when it's an impossibility you have my DNA in the first place?" he said.
Kociuk appeared calm and sombre for much of the interview but showed flashes of anger when police continued to press him for answers.
- "We're getting into some heavy s... here and I'm not supposed to talk about it," he said. "You people are notorious for manipulating things and twisting them to your favor."
- Kociuk has since conceded having sex with Dyke but denies killing her.
- Kociuk has changed his original story and is now admitting he had consensual sex with the woman but denies killing her. An autopsy revealed Dyke was raped and stabbed 13 times. Her partially nude body was found in a wooded area near the city's airport.
- The murder case against Kociuk is complicated by the fact someone else previously admitted to the slaying. Leonard White -- who was killed in 1999-- made the admission during a 1988 interview at a penitentiary in Prince Albert, Sask. where he was serving an 8 year sentence for aggravated assault.
- Police discounted his claim, saying they believe he falsely confessed in an attempt to stay in prison with his gay lover. Police testified last week White had a history of making false confessions whenever his eligibility for parole was upcoming and only knew facts about Dyke's case that had already been revealed publicly through the media.
- Police always look for if a suspect knows more about the murder case, than was reported.
- White claimed another man named "Ricky Morris" raped Dyke, but police said exhaustive police efforts could find no evidence such a person even existed.
- Kociuk was initially interviewed as a potential suspect because he was seen by police in the area where the killing occurred on the day before Dyke's body was found by a jogger. Kociuk had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist.
- The heist indeed took place two days later at a bank-- the same day that Dyke's body was discovered.
- Does that mean Kociuk is telling the truth?
"Wrong guy. I do holdups. You guys know. I don't do murder," Kociuk told detectives at the time.

Wednesday, February 24, 2010

Robert Kociuk caught robbing a bank, on the same day Dyke's body was found

Accused rapist, murderer caught robbing bank

- Robert Kociuk was arrested for robbing a bank the same day that police discovered the body of a woman, Beverley Dyke, who he is now accused of killing back in 1984. 
- Robert, aged 68, is on trial for sexually assaulting and stabbing Beverley Dyke in 1984 and leaving her half naked body in the woods near the Richardson Airport. 
- Kociuk was under surveillance in several bank robberies when former police Chief Jack Ewatski testified that he caught Kociuk robbing a CIBC bank on May 17, 1984. 
- After his arrest, Kociuk admitted to the bank robbery saying, "I'm broke, I'm unemployed, so I took my best shot." 
- He was arrested in possession of a gun he claimed he bought "from a guy at one of the hotels." 
- Beverley Dyke's half naked body, was discovered this same day, by a jogger. 
- Ewatski said he was unaware at the time police had spotted Kociuk in the vicinity of the murder scene a day earlier.
- Later, when questioned about the killing, Kociuk told police he was in the area waiting for a man to deliver a gun.
- Kociuk initially denied ever meeting Beverley in 1984 but now says that he did meet her and have sex with her. 
- He still denies that he killed her.
- He was arrested in 2005 when his DNA was matched with semen found on Dyke's body. 

Monday, February 22, 2010

Defence alleges that Robert Kociuk is not the real killer


- Defence lawyers in a Winnipeg rape-and-murder trial allege the real killer is a criminal who did in 1999.
- Robert Kociuk, 68, is on trial, accused of raping and stabbing Beverley Dyke, 48, to death in 1984 and leaving her half-naked body in a wooded area near Winnipeg's Richardson International Airport.
- Defence lawyers say that Leonard White, who died in 1999, was the real killer of Dyke. 
- His former cellmate and lover, Ken Kirton, told court that White would brag about killing people all the time. 
- “He would boast: ‘I killed before and I can kill again.’ When he was getting punked off or didn’t feel like a man, ... he would say he killed just to make himself look good.” White and Kirton were cellmates at Saskatchewan Penitentiary when, in 1988, White told Winnipeg police he had killed Dyke.
- Last week, retired detectives David Shipman and Ron Morin told jurors they did not believe White’s story. Shipman said White had a history of falsely confessing to crimes whenever he was up for parole and he also told of his alleged accomplice, Ricky Morris, who it turned out, did not exist anywhere according to police records, which supports the theory that White was lying.
- Kirton said Monday he and White were cellmates and sex partners for three or four years.
- Whenever White was approaching parole eligibility, he would confess to a murder, to ensure that he would stay in prison and not leave his lover.
- White's two statements to police -- taken in 1988 and 1998 -- are the focal points of a first-degree murder trial against the man accused of the slaying.
- Retired Winnipeg police detective Robert McQuat testified Monday how he was sent to interview White in 1998 as police continued to probe Dyke's unsolved slaying. McQuat was aware White had claimed responsibility for the attack in 1988 but was never charged based on the belief he was lying.
- White offered to give a blood and saliva sample for DNA comparison but refused to discuss Dyke's killing in any detail. White grew agitated when police suggested they read his previous statement to him.
- Jurors also heard Monday from White's former parole officer, who said the inmate seemed content to stay in jail, because he didn't want to be separated from his lover with whom he shared a cell with in the Saskatchewan prison.

This is a very interesting case. It's hard to tell right now, whether I believe Leonard White or not.  

Saturday, February 20, 2010

Man falsely confessed to the murder of Beverley Dyke, jurors told




An inmate gave a false confession to the 1984 rape and killing of Beverley Ann Dyke because he wanted to stay in prison with his gay lover, a former Winnipeg police homicide detective, David Shipman said Friday.

"He did not do this murder. Leonard White was not our guy," said Shipman, insisting that Kociuk was the one who killed Beverley Dyke. 

He was arrested in 2005 after DNA testing matched semen found on Dyke to a sample taken from him following a robbery conviction in Ontario, in which he was required to provide a DNA sample. 

Kociuk now admits he had sex with Dyke, but denies killing her. He originally denied having sex with Beverley or even knowing her.  

The 48-year-old woman was raped and stabbed 13 times. Her body which was nude from the waist down, was found in a wooded area near the city's airport by a jogger. 

Leonard White, who died in 1999, confessed in a 1988 interview in a Saskatchewan prison, that he murdered Beverley Dyke. 

He had a history of habitual lying.

Shipman said that White would always tell a fictious story right before his parole eligibility because he wanted to stay in prison; he had a boyfriend their. 

White told detectives about elements of Dyke's case, that she had been sexually assaulted, suffered several fatal stab wounds to the chest and where her body was found.

"But Shipman said all of that information had been released by police to the general public as police searched for answers to the unsolved mystery."

"Obviously I hate women. I hate myself for hating women... for being gay," White explained as his motive for randomly selecting and killing Dyke, who he claimed he met at the Maryland Hotel.
 
White claimed another man named "Ricky Morris" raped Dyke, but Shipman could find no evidence such a person even existed, let alone raped and killed a woman. 

If Morris had hung around White, he would likely have a criminal record, but nothing showed up. 

"He (Morris) raped her, I stabbed her. Right in the chest, she tried to stop me, I kept stabbing away, stabbing away. When you're mad, you just want to keep on going."
 
No legitimate evidence to charge White, who wasn't able to reveal any key facts only the killer would have known. He didn't know enough about the murder that could prove he was the real killer. 

Shipman said everything White knew about the murder he could have learned from media reports.

Kociuk’s lawyers argued White knew more than he could have learned from news reports and that his history of violence against women made him a strong suspect in the killing.
At the time of the interview, White was serving an 8 year sentence for aggravated assault in which he forced a knife down a woman's throat and almost killed her.

Kociuk was initially interviewed as a potential suspect because he was seen by police in the area where the killing occurred on the day before Dyke's body was found by a jogger. Kociuk had been under police surveillance for armed robbery and claimed he was meeting someone to buy a gun for his next heist on the day of the murder.

They had the semen sample from Dyke's body, DNA testing didn't exist at the time which meant that Kociuk could not be linked to the murder of Beverley Dyke, which would remain a cold case for more than 20 years.

So far, I believe that the confession made by Leonard White, was a false one and that he is not the real killer. In court on Friday, defence lawyer Roberta Campbell read out newspaper reports about the murder from the 1980's and all the information that White told police, was mentioned in those media reports.

Friday, February 19, 2010

Robert Kociuk on trial for 1984 Winnipeg murder



- Robert Kociuk, aged 68, plead not guilty to first degree murder on Thursday, February 18th.
- The Crown alleges that he sexually assaulted and murdered Beverley Dyke in 1984, when she was age 48. 
- She had been stabbed 13 times in the stomach  and her body was found near the Winnipeg Airport, nude from the waist down.
- In Ontario in 2004, Kociuk was convicted on two counts of robbing a business and was required to submit his DNA. 
- Winnipeg police obtained the DNA sample and compared it with the semen found on Beverley's body and what do guess? It was a PERFECT match.
- Kociuk denied having sex with her and even knowing her. 
- In 1988, an inmate named Leonard White confessed to killing Beverley while he was serving an 8 year sentence in Saskatchewan for aggravated assault.
- He claimed that he stabbed her to death, while another man he said was named, Ricky Morris, raped her. 
- Ricky Morris did not exist according to police records, therefore, White must be lying. 
- White was an habitual liar and his confession was not taken seriously by police. 
- Kociuk admitted to being near the scene of the killing but claims he was meeting a man that he was buying a gun from to commit a robbery in St.Boniface, which happened the next day, a day after the killing of Beverley.
- Jurors will hear from a witness who recalls seeing a car parked near the murder scene two days before the body was found, saying he saw two people in the vehicle and the vehicle is a match to the car that Kociuk had access to at the time of the murder. 

This should be a very interesting trial indeed and I will definitely be following it.