at 293, 61 N.E. Early in that period, before they began dating, and therefore significantly before the end of September, he falsely told her the police had searched his apartment and car and found him to be clean. Furthermore, she testified that, during that early period, he expressed no concern about his wife's disappearance. Defendant also relies on the trial justice's rejection of the People's request to call defendant's three treating doctors to testify at trial. He is now eligible for parole and faces a parole hearing in November. Cigarettes were not allowed in their home, according to Bierenbaum. I went flying. tall, weighing 110 lbs.) WebSTATE OF NEW YORK BOARD OF PAROLE APPEALS UNIT FINDINGS & RECOMMENDATION Name: Bierenbaum, RobertDIN:00-A-7114 Facility: Otisville CF AC People v. Balls, 69 N.Y.2d 641, 642, 511 N.Y.S.2d 586, 503 N.E.2d 1017). Instead, he falsely told both detectives, on a total of at least three occasions, that he stayed in his Manhattan apartment all day until 5:30 P.M., emphasizing to Dalsass that he was positive that he left [his apartment] at 5:30 [P.M.]. He also changed his claim that on July 7 he had spoken to the doorman who, he had originally maintained, said he saw the victim leave the building Sunday shortly after 11:00 A.M. However, in the July 8 interview, he had specifically denied that the reason she left the apartment at 11:00 A.M. to sunbathe in Central Park was related to an argument that morning. Days turned to months, and months to years with no sign of Katz. Defendant also suggested to others that his wife was depressed and thus may have killed herself, disclosing also that she had tried to commit suicide years earlier. First, she would threaten to humiliate him by publishing to his professional colleagues and superiors a warning letter she had received from defendant's treating psychiatrist; and, second, she would threaten to expose an alleged Medicare fraud in which she claimed he and his father were allegedly involved. dr bob bierenbaum parole 2020 CMI is a proven leader at applying industry knowledge and engineering expertise to solve problems that other fabricators cannot or will not take on. Of California, 17 Cal.3d 425, 131 Cal.Rptr. A jury convicted Robert Bierenbaum of second-degree murder based on circumstantial evidence that on July 7, 1985 he intentionally killed his wife, Gail Katz Bierenbaum, in their Manhattan apartment; transported her body to a New Jersey airport the same day; loaded it onto a small private plane; and piloted it over the Atlantic Ocean where he discarded her remains. Defendant also disputes the instructions' adequacy, and, beyond that-in addition to urging this Court to reject the notion of a background exception to the hearsay rule-he further argues that the testimony recounting the victim's out-of-court statements was largely unreliable. The justice allowed the jury to learn only of its existence and nature, but not of its specific contents beyond its warning to the victim that defendant posed a threat to her. Bierenbaum had been out on $500,000 bail. Robert Bierenbaum admitted he threw his wife's body out of an airplane and into the ocean nearly three decades ago during a parole hearing in December 2020, ABC News reported. READ NEXT: Robert Bierenbaum Today: Where Is the Surgeon Now in 2021? He became eligible for parole last October, according to state prison records. The clear and direct language the Lipsky court selected to disavow the 124-year-old Ruloff ruling is significant in light of the Ruloff facts, because those facts are, in several key ways, similar to those at bar. We recognize that as a general proposition false statements are a relevant but weak form of evidence. This abundant array of damning circumstantial evidence proves beyond any reasonable doubt that defendant intentionally killed this victim, that he did it on the date, at the time and for the reason the People offered; and that he disposed of her body as the People contend. A UNIT FINDINGS RECOMMENDATION She expressed this homicide theory to Sharon one day while defendant was not home. In part, he frames his argument by citing reported domestic violence cases wherein the jury was allowed to learn that the victimized spouses endured more than one attack by the accused pre-dating the violent act charged in the indictment. In Nucci, the Court set forth the factors relevant to a trial justice's assessment of the reliability of out-of-court-statements which the People proffer as hearsay exceptions. Apart from the fact that defendant's alternate theories of his victim's demise have no evidentiary support, the existing evidence itself also refutes them. However, the court, while prohibiting publication of its specific factual contents to the jury, did allow the jury to know that the letter warned the victim of the danger defendant posed to her. That was not always the case. Getting ready to learn! However, in a strange turn of events, Robert decided to confess during a 2020 parole hearing and claimed that he had strangled Gail to death before flying out with her body and dumping it into the Atlantic Ocean. Contact us. In fact, the doorman did not speak to defendant July 7 and could not recall seeing either defendant or the deceased that day. He admitted that during the July 7 argument he failed to heed his psychiatrist's advice to try to defuse the situation and that this argument on the day she disappeared became explosive. He told others that he and the victim argued just before she left for Central Park to cool off; another that a private investigator he had hired found evidence she was living in California probably with financial help from her family; others that she had a drug problem, that she may have disappeared with drug dealers and that she probably was murdered by her druggie friends; others that she may have run off to live with someone in the Caribbean; and others that his missing wife was seen after July 7, 1985 in some type of fugue state in the Central Park area and that it was unlikely she would return. After killing Katz, he got rid of her body where no one would find it. However, in 1982, in People v. Lipsky, 57 N.Y.2d 560, 457 N.Y.S.2d 451, 443 N.E.2d 925, the Court of Appeals overruled Ruloff. DNA tests showed the body was not Katz-Bierenbaum, the missing persons website reported. Bierenbaum, an experienced pilot who had been convicted on circumstantial evidence, was serving his 20 years-to-life prison sentence when he made the chilling confession during a December 2020 parole board hearing. Bierenbaum confessed to killing his wife during a parole hearing in December 2020, saying they were fighting and he wanted her to stop yelling, according to the New It is clear to us that a finding other than guilt would not have been reasonable. Powered by. She told Wiese she was speaking quickly and softly because she was expecting defendant. SEATTLE - Robert Parker, spared the death penalty last week, was sentenced today to life in prison without the possibility of parole. The court did, however, permit the prosecution to adduce testimony that the victim had received a letter from one of these psychiatrists warning her of the danger defendant posed to her, although the justice prohibited the People from introducing the letter itself. Surgeon Killed Wife, Dumped the Body in the Atlantic From a at 569, 457 N.Y.S.2d 451, 443 N.E.2d 925). That defendant was the last person who saw her, and who was known to have been alone with her until 11:00 A.M. that day, cannot be persuasively disputed on the basis of this record. Jake Massey. Since there may be reasons other than guilt of the crime charged which would prompt a person to give a false statement, the probative weight of such statements depends upon the facts of the particular case. Ron DeSantis is making an announcement in Titusville, After Disney sues DeSantis, Central Florida Tourism Oversight District board to sue back, Boy, 14, dies after being shot over the weekend at Dezerland Park on I-Drive in Orlando. Katz, 29, of New York, was murdered in July 1985 by her husband, Dr. Robert Bierenbaum. Mar 15, 1999. Her body has never Whether earlier acts of alleged violence or threats are admissible depends on the circumstances surrounding both the past and the currently charged aggressive acts or threats. He told her of the argument and that the victim had left for Central Park with a blanket for sunbathing. Psychiatrist's Warning Letter and Other Hearsay. Defendant essentially admitted as much, and was heard to say, more than once, that during one argument there was physical contact, that their last argument was explosive and severe, and that he was frustrated in his marriage because they argued constantly. In 1984, she was so unhappy that she consulted a divorce lawyer. Verbal strife plagued it, express and implied threats uttered by defendant aggravated it, and defendant's admitted violence against his victim during at least one episode surely worsened it. Unless the patient waives the privilege, a person authorized to practice medicine shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity [emphasis added]. I opened the door and then took her body out of the airplane over the ocean, the transcript reads, according to ABC News. Indeed, this prosecution contention-i.e., that it helped expose defendant's motives-was a valid one, as it is at the heart of the People's case. When defendant returned to their Manhattan apartment, he telephoned his wife's friend and former psychology teacher, Dr. Yvette Feis. Accordingly, there can be no holding that this verdict is against the weight of the evidence. Rather, it should be, and is, a process whereby trial attorneys announce an unambiguous objection, in praesenti, based on an articulated or otherwise known rationale involving logic, legal principles, and/or common sense, a protest which gives an adversary notice sufficient to frame a response, and affords the court an opportunity to issue a ruling. This aspect of the evidence, when viewed with all else the People proved, compels inferences that defendant had an informed reason, based on his own direct knowledge, to be completely unconcerned that: a) his paramour might shortly be forced to confront his missing wife in her own bedroom; and b) his early morning trip to the precinct would reunite him with her. Surgeon Admits to Throwing Wife Out Ex-surgeon confesses throwing wife's body from airplane in 1985 286 and its progeny. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We have examined defendant's remaining contentions and find them unavailing. Perhaps defendant's most damning omission was his repeated, false claim to the police and to others that he remained in the apartment all afternoon on July 7 and then went directly to his nephew's birthday party in New Jersey. While defendant understandably argues that this ruling prejudiced him at trial, we hold that under these circumstances it did not unduly do so. Gail Katz Bierenbaum Murder: Her Cause of Death, Copyright 2023 Heavy, Inc. All rights reserved. 79 N.Y.2d 808, 580 N.Y.S.2d 174, 588 N.E.2d 72.) Robert Bierenbaum admitted he threw his wife's body out of an airplane and into the ocean nearly three decades ago during a parole hearing in December 2020, ABC That anything said, however insignificant it could possibly be used to find her and locate her , I told the defendant that he should give me a narration of the time he spent over the last weekend. Forever in our hearts.. Defendant himself said his wife told him she wanted a divorce. O'Malley that he and his wife had argued the night before she disappeared and continued arguing on the morning of July 7, prompting her to go to Central Park at 11:00 A.M. to cool off.. Sgt. Robert Bierenbaum, an experienced pilot, was serving his 20 years-to-life prison sentence when he made the chilling confession during a December 2020 parole board hearing. Her stated intentions, should defendant refuse to accede to those demands, were plain. Conviction of former Minot surgeon And, while we agree this type of evidence, alone, may not and should not form the basis for a finding of guilt, it may be taken into account in evaluating all the other evidence. Compounding the significance of that devastating omission-an omission which concealed the very means and opportunity to dispose permanently of his victim's body-is the documentary evidence found in his home several months after July 1985 showing clearly that his written flight log entry for July 7 was changed from July 7 to August 7. They argue that when certain established facts are juxtaposed with other proven circumstances, defendant's multiple contradictions and omissions are patently incriminating. About midway through their one-year relationship, defendant gave his approval to have Dr. Karnofsky's girlfriend, Sharon, also move into the apartment temporarily. ), rendered November 29, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 20 years to life should be affirmed. People v. Leyra, 1 N.Y.2d 199, 151 N.Y.S.2d 658, 134 N.E.2d 475.) That ruling was correct, first, because defendant waived his CPLR 4504(a) privilege by consenting that the warning be communicated; second, because a warning under these circumstances is an exception to the principle of confidentiality since the psychiatrist is under a duty to warn the intended target of a patient's violence; third, because the nature and existence of the warning letter were relevant to the state of the parties' marriage and defendant's motive to kill his wife in light of her stated intent to use it as leverage in her contemplated divorce action against defendant by confronting him with it and threatening to reveal its contents if he refused to meet her divorce settlement demands; and, finally, because it was relevant to prove, in addition to motive and the state of the parties' marriage, the interrelated issues of his intent to kill her and his identity as her killer. Defendant's so called objection contains none of these ingredients. To begin with, the court, on a number of occasions during trial and at its conclusion, gave the jury cautionary instructions about the victim's statements and other related evidence, evidence the People had introduced to explain two critical factors, i.e., the state of this marriage and both parties' state of mind. His first parole hearing is when, according to ABC He also disclosed to his date that in the past he had a bad temper, but that it had gotten much better. 4. denied 93 N.Y.2d 1025, 697 N.Y.S.2d 584, 719 N.E.2d 945 [prior assault admissible]; People v. Steinberg, 170 A.D.2d 50, 573 N.Y.S.2d 965, affd. That the victim had once before confronted him with the same letter and her same threat weeks or months before July 7 does not, as defendant now urges, diminish the potential explosiveness of her intended confrontation on the weekend she died, because the testimony is otherwise clear and certain that she once again intended to tell defendant over that weekend that she was divorcing him. Notwithstanding defendant's characterization of that exchange as wordplay, contending now it should be deemed a substantial legal objection, the attorney's words do not constitute an effective protest under CPL 470.05(2), because the specific language would not, nor did it, prompt the court to make an actual ruling. denied 92 N.Y.2d 893, 680 N.Y.S.2d 57, 702 N.E.2d 842). When one applies the appropriate legal principles, these conclusions become most compelling for a rational, dispassionate and attentive fact finder. Moreover, it is unlikely that one's body would vanish without a trace in the aftermath of self-inflicted death. Yet, he omitted to tell the detective that he was a pilot and that on the previous afternoon he rented a plane from a New Jersey airport between 4:30 P.M. and 6:30 P.M. for a two-hour flight. denied 362 U.S. 912, 80 S.Ct. Robert Bierenbaum Admits To Murdering Wife, Gail Katz: Det. Robert Bierenbaum ABC's '20/20' to explore case of ex-Grand Forks surgeon who denied 77 N.Y.2d 879, 568 N.Y.S.2d 922, 571 N.E.2d 92; see also People v. Laverpool, 267 A.D.2d 93, 700 N.Y.S.2d 139, lv.
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