They also manifest his motives to abuse and control her, to quickly end a miserable marriage, and ultimately to keep her from using the Tarasoff letter in a divorce proceeding to humiliate him, damage his reputation, imperil his career and jeopardize his financial future. Finally, the victim chose to call an attorney, rather than a lay person, one with whom she did not have an especially close, personal and confidential relationship. Dalsass and later to Det. Miller, supra, 291 N.Y. 55, 62, 50 N.E.2d 542 [other citations omitted]), that this jury failed to give the evidence the weight it should be accorded (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Something that might be very innocent might develop into a lead where she might be. NYC surgeon admits to killing his wife by throwing her out of a plane WebSTATE OF NEW YORK BOARD OF PAROLE APPEALS UNIT FINDINGS & RECOMMENDATION Name: Bierenbaum, RobertDIN:00-A-7114 Facility: Otisville CF AC ABC News reports that Robert Bierenbaum, who is serving 20 years-to-life in prison for murdering his wife Gail Katz, confessed to the crime during a Dec. 2020 parole She expressed this homicide theory to Sharon one day while defendant was not home. Those opinions, contrary to defendant's argument, did not endanger the jury's objectivity, as the record in no way suggests that they were delivered in anything other than a dispassionate and brief manner. Dr. Karnofsky also remembered a phone call defendant received one morning at three o'clock, a few months after she moved in. denied 88 N.Y.2d 1020, 651 N.Y.S.2d 19, 673 N.E.2d 1246 [quoting Poppe]; People v. Govan, 268 A.D.2d 689, 701 N.Y.S.2d 474, lv. Contact us. A King County Superior Court jury today found Robert Parker guilty of two counts of aggravated murder in the stabbing and strangulation of two Shoreline-area As for defendant's remaining reliability claims, they raise questions quite properly within the jury's province. They argue that when certain established facts are juxtaposed with other proven circumstances, defendant's multiple contradictions and omissions are patently incriminating. They began dating a month before she moved in. To reject any notion that the victim intended to use the letter a second time simply because she may have already used it once before would unreasonably ignore her various statements, her reasons for wanting a divorce, and her state of mind as that fateful weekend approached. Contested are the way and reason her life ended, the way her killer disposed of her body immediately thereafter, and her killer's identity and state of mind. Without objection, the prosecution showed the jury a videotape specifically prepared for trial, demonstrating how defendant could have accomplished this from the point of loading the 110-pound body onto the plane, discarding it over the ocean, and landing back at the same airport. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Furthermore, in a case based on circumstantial evidence-as this is-we must also adhere to the dictates of People v. Benzinger, 36 N.Y.2d 29, 32, 364 N.Y.S.2d 855, 324 N.E.2d 334 expressed again in People v. Seifert, 152 A.D.2d 433, 440, 548 N.Y.S.2d 971, lv. 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. In one instance he falsely claimed that a private detective, whom he also claimed he hired to find her, learned she was living in California with financial support from her family. 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. WebThe written ruling by a three-judge panel of the 2nd U.S. Court of Appeals in Manhattan was consistent with previous rulings by judges who have reviewed the conviction of Dr. Robert Bierenbaum. 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. Defendant offered that Gail had, years earlier, attempted suicide. The only thing more shocking may be how he tried to hide the body. It is this inappropriate and distracting inference which the Molineux ruling and its progeny aim to bar. He said Katz had stormed out of their apartment following an argument the morning before and not returned. Moreover, it is unlikely that one's body would vanish without a trace in the aftermath of self-inflicted death. 224, 177 N.W. We recognize that as a general proposition false statements are a relevant but weak form of evidence. Dalsass asked defendant for a list of the names and phone numbers of the victim's friends, relatives and others to facilitate the search efforts. However, notwithstanding that, initially, the police carefully explained to him at least three times their critical need to know every detail he was able to recall in order to aid their search efforts, he withheld all of this information during their interview with him-one encounter a mere 34 hours, and the others all within 7 days, following his wife's disappearance. Notwithstanding that defendant originally consented to having the psychiatrist speak to and warn the victim and his parents, he now claims that the ruling allowing testimony only about the existence and nature of the warning letter was error because it violated his statutory privilege under CPLR 4504(a) and it was otherwise unduly prejudicial. '20/20' Airs Why Robert Bierenbaum Strangled & Threw Consequently, it is not improbable that her call followed at least some degree of reasoned reflection. Illustrative-but not exhaustive-are the following examples: 1. Surgeon Who Murdered Wife Confesses To Killing The trial justice's carefully balanced decisions allowed the People to show only the existence and the general nature of the letter in order legitimately to probe defendant's motive. Armed with circled apartment rental ads the day before she disappeared, the victim declared to her close friend, Denise Kasenbaum, that she was leaving defendant that weekend. ABC News and the Times reported that investigators learned that Bierenbaum had gone to the Essex County Airport in Caldwell, New Jersey, on July 7, 1985, and taken out a small plane for about two hours. Dalsass repeated his appeal to defendant to leave out nothing, saying: I pretty much told him that any information that will assist in finding Gail was rather important. When she asked what had happened, he told her his wife may have committed suicide or may have met with foul play, as she had dated a variety of men. Bierenbaum, now 66, convicted of the murder in 2000 under circumstantial evidence, had continually denied any involvement in her death, told a parole hearing in The company is family owned and highly values relationships often going beyond the call of duty to help a customer. 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. 20 [2]). (Id.). 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. denied 92 N.Y.2d 893, 680 N.Y.S.2d 57, 702 N.E.2d 842). A seemingly distraught defendant also told Baranoff about the argument, adding that his wife had not yet returned after having left their apartment wearing shorts, a halter top and sandals. 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. She was speaking spontaneously; she repeated the statements separately to various people in her life; her statements about the troubled side of their marriage were a natural consequence of corroborated facts about their marriage; she was, by all indications, in good mental health; there appears no reason for her to have fabricated the matters she discussed at the time of her utterances; and her statements largely concerned private matters that some would be embarrassed or otherwise reluctant to disclose. Defendant described differently to different people the items the victim took and the clothes she wore when she purportedly left to sunbathe in Central Park, and whether she was then wearing shoes and her engagement ring; 3. Gail Katz Bierenbaum Murder: Her Cause of Death The existence of a physical shock or trauma has often been cited as a key consideration (see People v. Brooks, 71 N.Y.2d 877, 527 N.Y.S.2d 753, 522 N.E.2d 1051; People v. Brown, 70 N.Y.2d at 516-517, 522 N.Y.S.2d 837, 517 N.E.2d 515;6 Wigmore, Evidence 1745[1] [Chadbourn rev. The PEOPLE of the State of New York, Respondent, v. Robert BIERENBAUM, Defendant-Appellant. @JohnQABCs all-new 20/20 premieres Friday at 9/8c on @ABC. Man Admits to Murdering His Wife More Than 30 Years After She By using this website, you accept the terms of our Visitor Agreement and Privacy Policy, and understand your options regarding Ad Choices. Finally, although the alleged assault she recounted was undoubtedly extremely frightening, the proof shows her mental state so many hours later was not shown to be dominated by the same level of heightened excitement that would normally overwhelm a person in the immediate aftermath of such a recent traumatic shock.
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