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. It was appropriately rejected by the jury. The detective specifically made it clear to defendant the importance of omitting nothing in describing and detailing for him the last three days his wife and he spent together: I opened up with anything that might be instrumental in locating Gail. While the statement must have been made before the declarant had the opportunity to reflect, the time for reflection is not measured in minutes or seconds, but rather is measured by facts. (People v. Marks, 6 N.Y.2d 67, 72, 188 N.Y.S.2d 465, 160 N.E.2d 26, cert. More than 30 years later, Robert Bierenbaum confesses to her murder. WebSTATE OF NEW YORK BOARD OF PAROLE APPEALS UNIT FINDINGS & RECOMMENDATION Name: Bierenbaum, RobertDIN:00-A-7114 Facility: Otisville CF AC NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. I went flying. O'Malley inquiring how the investigation was proceeding and met with him on July 13. Medical Examiner's Testimony and Videotaped Demonstration. 3in. Defendant offered that Gail had, years earlier, attempted suicide. Thereafter, commencing in September 1985 and continuing for a period just under one year, defendant invited a medical student, Dr. Roberta Karnofsky, who worked under his direct supervision at Coney Island Hospital, to live with him in the marital apartment. 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. denied 90 N.Y.2d 1009, 666 N.Y.S.2d 104, 688 N.E.2d 1387; People v Bonilla, supra; People v LaFrance, supra). In other words, they may be admitted only if the acts help establish some element of the crime under consideration (People v. Lewis, 69 N.Y.2d 321, 325, 514 N.Y.S.2d 205, 506 N.E.2d 915). All rights reserved. It is beyond cavil that this information was relevant and that it was exactly the type they implored him to convey. 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. As for the opinion testimony, the court exercised its discretion properly by admitting the medical examiner's expert testimony. We recognize that as a general proposition false statements are a relevant but weak form of evidence. WebRobert Bierenbaum, who is serving a life sentence for a 1985 murder, revealed details of the crime during a parole hearing in December 2020, according to an ABC News transcript newly obtained. 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. No witness disputed that their discord and fighting reached a level characterized by threats against the victim and at least one previous violent act by defendant against her. 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. His first parole hearing is when, according to ABC Dalsass that he and his wife had no argument on July 7, but he told Det. He thus claims that those cases do not apply to permit such evidence under these facts because this case involves evidence of only one prior assault. 224, 177 N.W. On July 7, 1985, at 4:30 P.M., he rented a Cessna 172 plane at Caldwell Airport in Fairfield, New Jersey. Indeed, his behavior utterly belies his claims of ignorance of his victim's whereabouts. Ive waited for that sound a long time. The jury got the case on Monday. 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. At the time the deceased disappeared, defendant was a surgical resident at Maimonides Hospital and a licensed pilot. Further, he told Dalsass, in some detail, that on Saturday afternoon, July 6, while he and Gail shopped at various local stores, they argued about finances and other matters which he refused to disclose. Dalsass waited until 12:30 A.M. and left the first of approximately eight messages on defendant's home answering machine and at his work number during the ensuing week. Defendant asserts that because there is evidence of only one earlier act of violence by him against his wife, this murder case should not be considered as a domestic violence homicide, and therefore there is no justification for the single alleged choking episode to be received in evidence along with various threats and other evidence of discord. Defendant falsely attributed to Dr. Baran the opinion that the victim was depressed and might have committed suicide. Furthermore, the statements were made mostly to those close to her, in contexts completely devoid of coercion, not in response to anyone's questioning, nor under circumstances at all suggestive of any attempt to curry anyone's favor. The jury saw this altered document. Watch 20/20 Season 44 Episode 3 Do No Harm Online 20/20 S44 E3 Do No Harm The first wife of a Jekyll and Hyde Manhattan plastic surgeon mysteriously disappears. Bierenbaum has been eligible for parole since October 2020. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. Defendant contends: 1) that the trial justice improperly allowed the People to adduce opinion testimony that he was able, as a trained surgical resident, to dismember the victim's body within ten minutes, and also capable of packing it into a flight bag, whether or not the body had been disarticulated; and 2) that the court improperly permitted the jury to watch a videotaped demonstration depicting how a pilot can, without any assistance, load a 110 pound body, so packaged, onto a Cessna 172 airplane, fly it over the ocean, and discard it overboard. Defendant later retracted that claim. We disagree. Indeed, the Lipsky court expressed no hesitancy in holding that the corpus delicti may be established by circumstantial evidence (id. We agree with only one claim of error. Sgt. In our role of reviewing the sufficiency of trial evidence as an appellate court in a purely circumstantial evidence case, we must decide whether a guilty verdict is based on legally sufficient evidence by determin [ing] whether any valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the fact finder on the basis of the evidence at trial, viewed in the light most favorable to the People [citations omitted] (People v. Williams, 84 N.Y.2d 925, 926, 620 N.Y.S.2d 811, 644 N.E.2d 1367). Contact us. She wanted to cool off and he waited a couple of hours and then he went looking for her and he found the towel and the suntan lotion but she was gone. Also, shortly after she vanished, he told his Southampton summer landlord that after his wife left he went through her drawers and found cocaine, prompting him to believe she went off with drug dealers. In light of the foregoing, this verdict is supported by legally sufficient evidence and it is thoroughly consistent with the evidentiary weight. 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]. 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. In December 1999, prosecutors charged Bierenbaum based on the circumstantial evidence. Notwithstanding defendant's argument, this limitation was, under these circumstances, an exercise of discretion which was fair to both sides for the following important reason. In addition, they sufficiently related to the circumstantial evidence the People offered, thus enabling the jury to understand medical and surgical matters beyond their ken and better evaluate the prosecution's theory (People v. Lee, 96 N.Y.2d 157, 726 N.Y.S.2d 361, 750 N.E.2d 63). 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 It was the first time he had admitted to the crime since his wife, Gail Katz, disappeared in 1985. We further determine that the instant body of consciousness of guilt evidence-because of its quality and quantity-exhibits a guilty mind, a finding which, in this context and under these circumstances, is surely not weak, or, for that matter, even moderate. In addition, he had, the day before (7/13), told Det. In that 1858 case, the Court of Appeals held, without direct proof of the death, or of the violence or other act of the defendant which is alleged to have produced death, a murder conviction may not stand (id. GRAND FORKS -- The story of Dr. Robert Bierenbaum, a plastic surgeon who practiced in Grand Forks and Minot and later was convicted for the murder of his wife in their Manhattan apartment, will air in a two-hour, special 20/20 program beginning at 8 p.m. Friday, Oct. 22, on ABC. However, the evidence also conclusively establishes that he rented and flew a Cessna 172 airplane beginning at 4:30 P.M. that day from Caldwell Airport in Fairfield, New Jersey and returned two hours later at 6:30 P.M. 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. rendered November 29, 2000, affirmed. It is clear to us that a finding other than guilt would not have been reasonable. ), 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. Dalsass could not speak to defendant to obtain that vital information until the July 14 interview. 1. 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.

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