True Crime Vault: Do No Harm

Step into the 2020 [music]. True Crime Vault, where each story is. unforgettable. >> How big was flying in the life of Robert. Bierenbaum? >> South two, climb and maintain flight. level 230. >> Flying was his passion. >> He loved to fly. >> [music]. >> The airplane was a key part of his life. >> Fly me [music] to the moon.

>> One of the first dates he took Gail on. was a flight around Manhattan in the. evening of the skyline. So romantic. >> Please be true. >> Bob fits the tall, dark, and handsome. description perfectly in a sense, man. >> Folks have their languages. >> The first date, he said, "Do you want to. get high tonight?" We flew around the. lights of Las Vegas. It was sparkling. >> Pilot, surgeon, brilliant guy. >> A gourmet chef. >> An expert.

>> expert skier, top of his class. A big catch, great for any young lady. >> Yeah, well, you can look so good on. paper and have a whole 'nother side that. you can just erase it all in a. heartbeat. >> The flying, it's the crux of the story. It's the method that [music] he tries to. cover up his crime. >> Her disappearance made headlines in New. York in 1985. >> I get a phone call. [music] "Turn on the. TV. They've arrested Robert Bierenbaum.". I started screaming.

>> Screaming and so shocked, I dropped to. my knees. >> You must have been blown away. >> I was shocked. >> Gail Bierenbaum vanished from the. apartment she shared with her husband, Robert, a Manhattan plastic surgeon. >> Bob tells police that they had an. argument and she came here to the park. >> Yes. >> Never in a million years you'd think. you'd be using cold, calculated murder. in the same description as Dr. Bierenbaum. I did There's just no way. >> Nobody. >> No forensics, no eyewitnesses. >> [music]. >> The investigative theory was that he. wrapped the body up, drove it to his.

plane in New Jersey, flew the plane out. over the ocean. >> You know, they charged that you. took her in an airplane. >> He has no comment. >> and threw her out. >> Disbelief switched [music] to good god, this guy was a psychopath. >> My god, you got to think it's a movie. >> Crime and punishment. >> That's the story. >> Dr. Birnbaum. >> That's what you see on TV. That's not. real, right? >> The Birnbaum story, when you get right. down to it, is Dr. Jekyll and Mr. Hyde. >> As physicians, we [music] all take that. oath to above all do no harm.

>> I. love [singing]. you. >> [music]. >> In the 1980s, New York City was a very. different place. It was a grittier. place. It was a dirtier place. There was. [music] graffiti everywhere covering all. parts of every subway car. >> The homicide rate in the '80s was. astronomical. Yeah, I mean, there was. thousands. >> There were a lot of drug gangs. It was a. very violent time in New York, [music].

the '80s. >> Throughout the city, there were bubbles. of safety. On the Upper East Side, that. was one of them. The Upper East Side [music] was the. place where you wanted to live. >> The Upper East Side was the music to the. beginning of The Jeffersons when [music]. it was on TV. >> Well, we're moving [singing] on up. >> Moving on up. >> to the east side. >> And on East 85th Street in that iconic. high-rise featured on The Jeffersons, there lived a handsome doctor and his.

beautiful wife, a young couple with. their whole lives ahead of them. >> From the outside looking in, Robert and. Gail Birnbaum should have been the. perfect couple. >> Tell me about [music] your sister. What. was she like? >> Gail was a very gentle soul. She was sensitive. She was loving. She was creative. And gorgeous in that. damsel in distress way.

>> [music]. >> My sister Gail Beth Katz was the first. child in our family [music] of three. children. Born on March 8th, 1956. We were all living in Brooklyn. I was 1. year behind Gail in school. We were best. friends. >> [music]. >> We lived that idyllic, carefree life. We. walked [music] to the penny store. We. could chalk the street and play.

hopscotch. >> [music]. >> When she was in fourth grade, my parents moved to Long Island. That was really exciting for us. All of. a sudden Gail and I were going further. [music] than the candy store, into the. city, to Broadway shows. It seemed to [music] us to be a very. normal childhood. >> [music]. >> This is my yearbook from high school.

There's Gail. That's me. >> [laughter]. >> On the same page. >> Gail was on the honor roll. She was so. smart, so bright. She was soft-spoken. and yet very powerful presence at the. same time. She was a very special. person. >> She was beautiful, smart, and. unfortunately [music] anxious. >> There was a little bit of a depression. early in life. >> She never thought she [music] was good. enough.

>> She never knew how good she was. >> [music]. >> After high school, she went to the State. University of New York in Albany. [music] While she was there, she fell in. love with a musician in a rock band. >> I don't [clears throat and music] think. I've ever seen Gail so happy. Gail fell. head over heels. She was [music] going. to design the costumes for the band. >> Gail moved to Manhattan [music]. to pursue a degree in dance at New York. University and to try to help her.

boyfriend land [music] a record deal. >> Gail's in a single, gorgeous woman in. Manhattan, she's bartending, [music]. meeting rich and famous musicians, record executives, [music] and the. relationship ends. >> Elaine says things went downhill for. Gail from there. She has an arm injury, drops out of [music] school, and is. drifting without a purpose. It all comes. to a head on a traumatic night in 1979.

>> On a night that I'm supposed to meet. her, I get a call. She's in the hospital. She's tried to commit suicide. [music]. In my heart of hearts, I believe it was. more of a really, really big cry for. help than a [music] a true suicide. attempt. >> How did Gail recover from that. experience? She didn't. >> Over time, Elaine says Gail appeared to.

bounce back, landing a job at an ad. company, and building her way back up. >> And that's when one of her friends. decides that she's got to introduce. [music] Gail. to Dr. Robert Birnbaum. >> Robert Birnbaum grew up in West Orange, New Jersey. It is upper middle class, very nice. area. His father was a physician.

>> Attended local high school, where he was. brilliant. He was always interested in flying, and. in high school, he got a pilot's. license, and was [music] allowed to fly. out of a number of small airports. dotting northern New Jersey. >> But, he decided to pursue a career in. medicine, following in his father's. footsteps. He graduated [music] from. Albany Medical College, and was a. surgical resident at the time he was. introduced [music] to Gail. >> He's close to her age, Jewish, classical.

guitar [music] player. He spoke several. languages. He was a gourmet cook, an. expert skier. He wasn't just a pilot. [music]. He had mastered instructor-level. piloting. >> He loved to fly and one of the first. dates that he took Gail on was a flight. around Manhattan, you know, in the. evening, all the skylight and. everything.

She was so enamored with this. >> It was magical. It was [music] romantic. They could go anywhere. You know, they'd. hop on a plane, go to a a beach. someplace. She had a private [music] pilot. chauffeur, and Bob loved being in. control. So, this was a place where Bob. really got to [music] shine. >> However, in spite of all of his pluses, >> [music]. >> there were problems with the. relationship, and it was obvious early. on. >> There were red flags when we would be. together with them as a couple.

He would be very [music] controlling of. her, even if she had to go to the. bathroom, he would be like, "Where are. you going? And when are you coming. back?". >> The first time I went on a double date. with the two of them, the four of us. [music] are in um a sushi restaurant, and Bob starts using chopsticks [music]. and picking up food and shoving it in my. sister's mouth. It was so odd. I was so.

embarrassed. And then he starts doing. the same thing to me. >> He starts feeding you? >> He starts feeding me. It was. so uncomfortable. He was such a weirdo. >> But Gail had made up her mind. Bob was. marrying material, [music] and the two. get engaged. But then, all of a sudden, those red flags about Gail's seemingly. perfect fiance become four alarm signs.

>> I get the hysterical call from my. sister. She gets into the car, holding. her little cat in her arms, crying. Bob. tried to kill the cat. What do you mean? >> [music]. >> By August of 1982, Gail Katz was flying. high, engaged to her pilot boyfriend Dr. Robert Birnbaum. Her mother couldn't. have been happier.

>> Voilà. Here it is. Young Jewish doctor from New Jersey is. is [music] marrying her. What could be. better? >> That's how he seemed on paper. Uh in reality, the more I got to know. him, the more I realized he was very. awkward, very controlling. >> During the summer of '82, I get the. hysterical call from my sister. I must come [music] into the city. I. must pick her up. She gets into the car holding her little.

cat in her arms, crying. What happened, Gail? Bob tried to kill the cat. He had the [music] cat in the toilet. choking it with its head. submerged under water. >> He was offended [music] because she. seemed to love the cat more than she. loved Bob. And so, he wanted the cat dead. >> No, no, no, Elaine. We're going to get.

rid of the cat and then everything's. going to be fine cuz [music] he's going. to believe that I love him. And I'm like, no. Not really. I really have to go with. Bob. >> It turns out that this wasn't the first. cat that Bob had attacked. Earlier in their relationship, he had. told story about having accidentally, in. his words, strangled a prior. girlfriend's cat. Her cat got loose [music] in the car and. he said he strangled and killed that cat. in the car. >> This is nuts. This is scary. And I'm.

like, you know, he's done this before. It's not about. loving a cat. So, I think you loving the. cat, it's [music] about being violent. No, no, no, no, no. You know, she had 2. years of a a psych degree. She knows. better. >> I'm like, I can't believe you're. marrying [music] this guy. >> And I was sworn to secrecy. I never told my parents. >> [music]. >> In spite of this extremely upsetting. incident and warnings, Gail and Bob were.

married August 29th, 1982 in a Manhattan. synagogue. >> She's wearing a white dress. She's. gorgeous. She was happy. We had great. champagne. We had, you know, a great. band. But Bob was awkward. Bob couldn't. dance. Bob doesn't drink. My sister told. me, "I'm smart. I'm loving. My love will. cure. This is going to work out.". >> The newlyweds enjoy an idyllic honeymoon. on the island of Crete. When they get.

back to New York, they continue trying. to live in an upper-class lifestyle. [music]. >> They are doing ski trips. There's beach. vacations in the Caribbean with other. couples. that are doctors and their wives. [music]. She enjoys that. >> He also was still involved heavily with. his passion of flying during that. [music] time. Whenever he could got a. chance, uh he would head over to Jersey. That's. where he rented the plane. >> They In January of '83, moved into a.

two-bedroom 12th floor apartment. >> [music]. >> at 185. East 85th Street, a building actually. that America knew from The Jeffersons. sitcom. This was [music] making it for. them. >> He was a resident doctor. He didn't have. a lot of money. How could they afford. this? >> Bob's parents paid the rent. >> After they got married, he's in a. residency at Maimonides. He was working. [music] very long hours with the. intention of of opening someday his own. plastic surgeon practice. >> Back in the '80s, I worked at Maimonides.

Medical Center in Brooklyn, where I met. Bob Birnbaum. Bob was socially awkward. He was. socially awkward with the patients as. well. He did not have a connection with. the patients. I think [music] he was um. very into himself, and I don't think he. was really interested in his appearance. all that much. He would [music] have his. pants halfway down in the back, very. wrinkled shirt on. >> Gail was. >> [music]. >> an undergraduate finishing her BA taking. classes at Hunter College.

>> [music]. >> Money was tight, and Gail decided that. one way to make it [music] was to try to. be a personal assistant to women living. on the Upper East Side. And so, she put. out an ad. >> I responded, and you know, in no time. she was working for us. >> Francesca Beal was a high-powered. attorney at CBS [music] TV at the time, and she puts Gail to work as her. assistant. >> She was beautiful. She was delightful. Everyone who met her said how wonderful. she was. She would glowed with happiness.

at that point. [music]. >> Did she ever talk much about her. husband? >> Not much, but when she did, it was in. terms that I would say were. affectionate, and she was proud of him. >> To people on the outside, it might have. looked like the perfect couple had the. perfect life [music] in the perfect. spot. Uh, but the reality was a lot bumpier. [music] than that. They were fighting a. lot. >> Dr. Birnbaum's controlling nature was. the prime mover which caused the tension.

in the marriage. He wanted to control every. aspect of her life. There was always screaming and fighting. going on in the apartment. >> She came to my apartment and studied. because she didn't feel comfortable. staying around the house. She would. complain that he was verbally abusive, that he would put her down, undermine. her all the time, tell her she wasn't. [music] any good. >> She lived by these laws he set up. She. had to be home by a certain time. She. had to dress a certain way.

>> My sister would go to turn on a light, he would literally hold her hand as. she's moving for the light, and with his. other hand, turned the light switch on. >> [music]. >> There wasn't a thing that was too small. for Bob to control. >> I had a 30th birthday party in a. restaurant and Bob and Gail were there. Bob insisted that she sit on his lap. through the dinner. And at some point I.

think that she was feeding him his food. I said, "Gail, why don't you sit sit. down in your own seat?" And she seemed. intimidated. She said, "No, no, this is okay. It's. okay." I just got the feeling she didn't. want to cross him. >> By the end of the year, she is certainly. complaining to others. Bob is never. home. She's lonely. This is not a happy. marriage. And then. it was like a house of cards. >> That house of cards would soon start to.

collapse following a shocking outbreak. of violence. >> Bob sees her smoking, leaps over a couch. to get at hers quickly as possible. >> And it would all lead to an alarming. letter warning of imminent danger. >> I wish I had known about that letter so. way before. I think I would have scooped her up in. my arms and taken her home.

>> On the surface, Robert Birnbaum and his. wife Gail seemed to be the perfect. couple, young, attractive, with a bright. future. But behind the walls of their Upper East. Side Manhattan apartment, the. relationship had turned toxic. >> Their marriage went into [music] a. downward spiral. of constant [snorts]. arguing, fighting. >> [music]. >> over just about anything. Like a. neighbor told us, like cats and dogs.

And it was constant. >> She definitely told me she was not. happy. He'd pay [music] attention to her, but more in the way of watching her, watching what she [music] was doing, who. she was talking to. He really was a cold. guy. >> Bob had rules, and you better follow. [music] those rules. Bob had this thing. about smoking. Nobody should smoke cuz. it's bad for their health.

>> [music]. >> Back in November '83, my sister was. studying for her graduate record exams, her GREs. She thought Bob had left to go. to work that day. She was feeling. nervous and as she tells it, she went. out on the balcony to smoke a cigarette. The door opens and he smells the smoke. and he literally leaps over the living. room furniture, strangles her to the. point of unconsciousness, then revives her and apologizes saying.

that it would never happen again. >> Gail. would have gone into the 19th precinct. and she [music] reported the incident to. a police administrative aid. If this had happened in 2021, Robert. Birnbaum would have been in handcuffs. immediately. The fact that this was. 1983, nothing was done about it. >> This time she doesn't say, "Oh, he just. loves me." This time she says, "You're a. sick bastard. [music].

Go get help. I am not staying in this marriage unless. you get help.". And Bob goes to see a therapist, Michael. Stone. >> After Gail charged that her husband, Dr. Robert Birnbaum, had tried to strangle. her in a rage. >> So in the course of looking at the case, you know, I find Dr. Stone and I. interview him. At the end of seeing him, did you have the impression that he was. under control? >> No. I had the impression that he was not in. good control. The more trivial.

the incident that sparked it, in my way. of thinking, the more potentially. dangerous the person. This was a minor. incident, which means that he had a. a hair trigger kind of temper. >> He says, [music]. "I realized she was not going to be safe. living with him." And he tells me, "I. wrote a [music] letter memorializing. this. It's a letter of warning to Gail. >> The letter went as far as being a hold. harmless letter. He didn't want to be.

held liable. for not warning her. uh about the danger. >> The letter says, "I have been advised by. Dr. Stone that for [snorts] reasons of. my own safety, I should at this time. live apart from my husband, Dr. [music]. Robert Birnbaum. I further understand. that I do not heed this advice, I must. accept the consequences, including the. possibility of personal injury or death. at the hands of my husband, and absolve. Dr. Stone of responsibility for any such. eventuality.".

>> This letter says. that you are worried about her husband. killing her. >> Yes. >> And that you're trying to warn her. >> That's right. >> Have you ever written a letter worded. that strongly to or for another patient? >> It's the only letter I've ever written. uh. to a patient of any sort. in all those years. >> When she left your office, the last time. she left your office, >> [music]. >> did you feel then. even then that she was in serious. danger? >> Yes.

And had rather a sinking feeling. about the future because uh I had uh. warned her uh. every way I knew how. and she wasn't heeding my warning. [music]. >> When Gail got the letter, I know that. she of course she kept it. She didn't. just destroy [music] it or read it and. throw it away. She put it away. >> Were you aware of the letter? >> Gail told me about it uh approximately a. year after she got it. She's like, "It. says he's a psychopath and that he's. going to kill me.". >> Why in the world would she stay [music]. with this guy after she received that.

kind of warning? >> I think she didn't believe it. No, no, no, Elaine, you know, I'm just about. finished with my PhD. I understand. psychology. I'm safe. Don't worry about. it. She said to me that I'm I want to get. divorced. You know, he really has to do. right by me. >> Mhm. >> And if he doesn't, I am going to publicize this letter and. it's going to ruin him. >> After she received the letter, I mean. the marriage continued. They continued. living under the same roof.

>> The situation was calmer at home, but it. was the. calm before the storm. It was all going to blow up for them. come the 4th of July weekend. >> I called my mom and she said, "Do you. know where Gail is?" And I said, "What do you mean do I know where Gail. is?" I think something terrible has. happened to her. >> Gail has suddenly gone missing, vanished. into thin air. Could that ominous. warning in Dr. Stone's letter have come. true? >> And my heart went into my throat.

And I said, "He killed her.". I knew it. I knew it right away. >> [music]. >> The dynamic in the relationship, I. think, changed dramatically after the. strangulation incident to the extent. that she would go to bed fully clothed.

>> You're talking about people who are in. the [music] third year of their marriage. and they're not having sex. Gail admitted [music] to me. that she was dating a little bit. She told me how lonely she was. >> On July 6th, 1985, we took a walk. She liked to hang out by. the Metropolitan [music]. Museum of Art. We sat down and we talked and she had a.

copy of the real estate section [music]. of The New York Times with her. She said. to me, "I'm going to look for apartments. and I'm going to tell Bob that I'm. leaving.". It's like, "Yay! >> [music]. >> Thank God, she's going to leave him.". >> Sunday, July 7th, was a turning point in. the story. Sometime that morning, Francesca Beal, a. sometime employer [music]. of Gail, called.

>> I had not been in touch with Gail for a. long time and she was extremely happy to. hear from me. >> But it turns out Francesca wasn't. calling for Gail at all. She wanted Gail. to ask Bob for a referral to a doctor. >> She didn't seem angry, but she just. seemed quiet and sad. >> It sounds like she was deflated. >> Yeah. >> It wasn't about her, but rather. >> Yeah. >> her doctor husband. >> And maybe she thought I needed her for a. friend. >> It wasn't quite the phone call that Gail. was looking forward to. What we do know.

for certain is that something sparked. [music] another argument and we know. from their downstairs neighbors that the. argument was loud [music] and it. continued for a while until there was. silence. in the apartment. >> Later in the day, Dr. Birnbaum left the. apartment. Showed up in New Jersey at a birthday. party for his nephew where he was. telling people that she had left the.

apartment in a huff. He doesn't know. where she went. He hasn't seen or heard. from her. >> [music]. >> since she left the apartment and he was. worried about her. >> I call my mother and my mother says, "Do. you know where Gail is?". And I'm like, "No." And she's like, "Bob. called. They had a fight this morning. and Gail never came home.". >> Bob calls me. He says, "Is Gail still with you?".

I said, "What do you mean is Gail still. with me? I left her yesterday 5:00. My heart went. into my throat. >> She's not with me. and she's not with my parents. >> And at that moment, I know that my. sister's dead. >> I just put the phone down for a second. I said, "He killed her.". I knew it. I knew it right away.

And if she's not alive, there's only one person. who is a likely suspect to murder her. And it's Bob. There's no other suspects. >> On Monday, July 8th, 1985, about 9:00 in. the evening, Robert Birnbaum came into. the precinct to report his wife, Gail, missing. I interviewed him at length. Robert mentioned that sometime that.

morning, Gail and he had an argument. She left to go to Central Park to cool. off. She was dressed to go lay out in. the sun, pair of shorts, I believe a. halter top, and a towel. And that was. not unusual for Gail. >> [music]. >> Bob tells police that they had an. argument and she came here to the park. >> Yes. >> [music]. >> And by the very following weekend, we. had missing posters made of Gail. My. family and my sister's friends all came.

to the park and plastered. >> This poster. >> This poster. We plastered the entire. loop of the park. We never spoke to a. single person that said, "I recognize. Gail.". >> [music]. >> It was almost like pulling teeth to get. Robert Birnbaum to help. It was almost. like they had to drag him [music]. kicking and screaming. >> Meanwhile, the tension is building. between the Katsises and the Birnbaums.

The Birnbaums are portraying Gail as. [music] a mentally unstable person who. might be responsible for her own. disappearance. >> In front of us, they're saying to the. police, "She was suicidal. She must have killed. herself.". >> Yeah. >> Now, this is ridiculous. [music]. My sister has a therapist who says she's. healthy. The other lie that he starts to. float is it must have been a drug deal. gone wrong. My sister [music] wasn't. buying drugs on the street. They just. kept floating alternate theories, and.

all of them defamed my sister. >> What can I do for you? >> A search was made and every effort to. locate someone that might have been a. victim of a crime was made. There. weren't any bodies. There weren't any. victims that were discovered in the. park. Gail was not discovered. She did not. commit suicide in the park. >> Weeks after his wife's disappearance, Birnbaum seems the opposite of a [music].

grieving husband. >> I heard he was out in the Hamptons. partying with. >> [music]. >> a lot of elite people. >> He's dating. He's bringing women [music]. back, you know. >> But then, investigators make a shocking. discovery at a New Jersey airfield. A. discovery [music] that could bring. Robert Birnbaum. back to Earth. >> They struck gold. >> This was a bombshell [music] discovery. >> It was. It turned things upside down.

>> Just weeks after his wife Gail vanishes. in New York City, Robert Birnbaum starts. spending time in an exclusive spot out. on Long Island. >> Gail and he had a share in a Hamptons. house and Robert continued to go out. there on every weekend he possibly. could.

He was seen partying in a notorious. disco in the Hamptons called Marrakesh. >> Even his dress changed from L.L. Bean to. to Saturday Night Fever. >> This wasn't the concerned husband and. did the summer house people thought that. that his behavior was just was rather. cold and dismissive of his of his. missing wife. >> [music]. >> Bob's coworker at his hospital, Karen.

Caruana, was also out in the Hamptons at. the time. Some mutual friends suggest that the two. of them meet for a date, even though it. had only been a few weeks since Gail. went missing. >> [music]. >> We went out to dinner. He drove back to. this house. >> [music]. >> I remember sitting in his kitchen and. asking him, you know, "Tell me what. happened with Gail.". And what he told me was Gail had left.

and flown out to California and gotten. some kind of a waitress job on the. coast. He had hired a private. investigator. And this private investigator had found. her out there. >> That wasn't true. What we know for a. fact. is after having spoken to the. investigator. that there was never any evidence of her. in California. >> I asked him about the police. Have they.

gone and searched his apartment, etc. And he told me the police had already. been there. They'd already searched his. apartment and [music] everything was. clean. >> That was far from the truth. The scope of our search in that. apartment with the forensic team was. limited to finding fingerprints on. personal items that Gail may have come. in contact with in their normal daily. activities. I tried to get a broader scope to get.

evidence of any crime and that was. objected to by Scott Greenfield, Robert's attorney. >> [music]. >> How the night progressed. Okay. Um. I'm not sure how we got up to the. bedroom, but we did. And we had, you know, [music] sex quite. a few times that night. I kind of question on my judgment. [music] on, you know, doing that. And, you know, I had let my guard down. [music] and that was probably not a a.

good move on my part. >> He told that lie to Karen Caruana. because he wanted [music] to sleep with. her that night. This is a man whose wife [music] has. been missing now for weeks. And at the first opportunity he has, he's jumping at the chance to get into. bed with another woman. >> [music]. >> In August of 1986, so a year's gone by, the Manhattan District Attorney's Office. decides to take a look at the case and. [music]. it goes to the chief investigator,

Andy Rosenzweig. Andy Rosenzweig is a criminal's worst. nightmare because he's extraordinarily. intelligent. He's extremely. detail-oriented. >> But when you looked for a case, what did. you look at in the folder to say, "This one looks like it could go.". >> Well, we we looked at a case that, you. know, presented a challenge that we. thought perhaps other agencies wouldn't. be equipped to do as well as us.

>> What Andy Rosenzweig did initially to. further this investigation was that they. knew he was a pilot and they began. canvassing various airports to see if. they could find any evidence as to. whether he had rented or flown a plane. on the July the 7th, 1985. >> They started out looking at private. aviation companies in New Jersey. The second choice was Essex County. Airport and they struck gold.

So they came here, went through that. door. Went through that door and they. said, "Yes, as a matter of fact, we do. know Robert Birnbaum.". "Do you have records of him flying?". "Yes, we do.". >> [music]. >> Robert Birnbaum, the day his wife. disappeared, >> [music]. >> drove to Caldwell Airport sometime in. the afternoon, flew a plane for over [music] an hour. and a half, returned to the airport,

and then went to his sister's house for. the party. [music]. >> This was a bombshell discovery. >> It was. It turned things upside down. >> [music]. >> He spoke to detectives and he told them, "I stayed at home. >> [music]. >> till 5:30.". When he when he knew. that by that time he was already. probably 75-80 miles out over the. Atlantic Ocean. >> Once they figured out he had gone up in. the plane, how quickly did they say that.

was where [music] how he disposed of the. body? >> That was immediate. The working theory was that he folded. her up, put her in a duffel bag, came out to where we are today, rented. his plane, loaded her in the plane, flew. out over the ocean, and dumped her in. the ocean. >> My parents and I are like, "Great, we've. got that missing link. Now we can prove. he did it.". >> The existence of the airplane, the. existence of the flight, it was all.

suggestive and circumstantial. So, the. DA's office at the time felt, "We don't. have a murder case.". >> And I. um remember. the District Attorney's office bringing. my parents in. and saying, >> [music]. >> "It's not enough.". >> How hard was it on your parents? >> It was a death sentence for my parents. >> Then in May of 1989, 3 years after the. investigation goes cold, there's another.

heartbreaking development for Gail's. family. >> A torso [music] washes up off of Staten. Island. Headless, legless, and armless. >> We found these X-rays, and an X-ray. technician compared [music] this X-ray. with this torso and said, "This is Gail.". Now, we have a body [music] to bury. We have some. closure. >> While the discovery of the body still.

isn't enough for the police to press. charges, Elaine's crusade to hold Gail's. husband accountable. hasn't been laid to rest. >> Elaine Katz was determined to get. justice for her sister, and that meant. staying after Robert Birnbaum. >> I would send clippings to the doctors. that he worked with, to the people that lived in the. building, and I would leave messages on. his answering machine, you know, telling.

the woman he was living with, he's. dangerous, you know, be careful. >> Your intent was. >> Well, my intent was to make every day of. his life miserable, to make him walk. down halls and have people think, "Oh my. god, he's a murderer.". >> Elaine's relentless efforts appear to. pay off. In 1989, Robert Birnbaum pulls. up stakes and leaves New York City.

behind. >> I believe that I ran him out of of New. York. >> But the next chapter in the Birnbaum. saga would come as a complete surprise. >> You are [music] all I long for. >> The startling new life and yet another. transformation. >> Apparently he'd undergone a quite a. makeover, and he started wearing fancy. suits. >> Yes, he loved his Armani suits. >> Sometimes though,

it's not so easy to bury the past. >> The rumors started coming in from New. York that Bob potentially murdered her. >> He feels completely safe, completely. confident that he's gotten away with. murder. >> Robert Birnbaum had absolutely no idea. what was coming. >> What was coming was a startling. demonstration in the sky, one that could. prove the key to clipping Dr. Birnbaum's. wings for good.

>> I don't think Spielberg could have done. it better. >> Her disappearance made headlines in New. York in 1985. Gail Birnbaum vanished. from the apartment she shared with her. husband Robert, a Manhattan plastic. surgeon. >> Turn on the TV. They've arrested Robert. Berenbaum for the murder of Gail Katz. I.

started screaming. >> Dr. Berenbaum, we have to ask you, did. you kill your wife? >> Bob Berenbaum is the last person. >> [music]. >> anybody would think that would commit a. murder. Unless you saw his other side. My life. was flashing in front of my eyes. >> He was moving all over, maybe to get as. far away from New York as he could. [music]. >> After he left, I'm confident that he. thought the ball game was over. >> I didn't want him to get away with it. I. wanted every day of his life to be.

miserable. >> I said, [music] "Were you ever married. before?" I thought, "Whoa, I touched a. nerve.". >> Did he do it? Could he have done it? >> Could it have been me? >> The first thing that stood out to me. were the flight records. Oh my god, there's the explanation why. Gail is not around anymore. >> I didn't want anyone to dig her up. >> Literally, they're going to have to. exhume the body they think is Gail's.

>> I am so. devastated. >> What was in that grave? >> He has no idea what's coming down the. road, and it's us. >> [music]. >> Las Vegas in 1989, 1990, there was a. whole new energy occurring. We had dazzle, lots of glitz, lots of. beautiful, beautiful showgirls. >> Cocktail waitresses. [music].

>> Plastic surgeons were starting to flock. here. This was the wild, wild west. >> It was a feeding frenzy for plastic. surgeons. >> It was December 31st, 1989. I decided to have a New Year's Eve. party. It was a huge party, and my. boyfriend [music] wanted to bring a new. plastic surgeon in town. They went around the corner to the party. and we were having a good time and. somebody introduced me to Bob. >> Your first impressions of him?

>> I thought he was very nice. He was tall, dark, and handsome. >> It turns out Bob is none other than. Robert Birnbaum. >> [music]. >> He had been the target of an. investigation in New York City after his. [music] wife Gail had gone missing in. 1985 under highly suspicious. circumstances. [music]. >> Birnbaum was a suspect because the. police discovered that he had lied about.

where he was. They found out that he had been up in a. plane and he had never mentioned it. >> The DA's office had closed their end of. the investigation without bringing. charges. [music]. >> I didn't want him to get away with it. I. wanted every day of his life to be. miserable. >> I believe I ran him out of of New York. to Vegas. >> [music].

>> In Las Vegas, Birnbaum transforms. himself from a surgical resident in New. York to a hot shot plastic surgeon. He befriends colleagues like Dr. Julio. Garcia, the man who reattached Evander. Holyfield's ear after Mike Tyson bit it. off. >> Keep your eye on Mike. See, Mike has. just See, look at him. >> We all knew he was from New York, but he. he played that card close to the chest. He did not disclose any chips on [music]. that table. He He kept his secrets to.

himself. >> [music]. >> Called me up and asked me, "Do you want. to get high tonight?". And I really didn't know what he was. talking about. >> And suddenly you were here? >> Yes. This is the airport. We went flying on first date. >> Fly [music] me [singing] to the moon. >> It was fun. Las Vegas is fun to fly. around at night with all the glitz and.

[music] lights. >> In other words, hold [singing]. >> The first year was perfect. Fun, fun, fun. We went to social events all over. town. We went to medical [music] black. tie events. We went on a lot of ski trips. >> Vegas Bob 2.0 was certainly new and. improved from the New York version he. had left behind. He had traded in his. wrinkled plaid shirts for Armani suits. >> He had a way of taking an Armani suit.

and making it look a little sloppy. >> [music]. >> He had a sports car and a Jeep truck. >> Las Vegas, we're big on vanity plates. So, why wouldn't he have nip and tuck. [music]. and nip and truck? It's the way we roll. here in Vegas. >> In Vegas, there was another side that. emerged to Bob, and that was a. charitable side. He joined a group called the Flying. Doctors, which several times a year. would fly down to a specific community.

in Mexico, >> [music]. >> and provide medical care to poor. families. >> Bob was a perfect fit for this, [music]. especially being a plastic surgeon doing. cleft palates. He changed these. children's lives forever. I loved [music] going to Mexico and. doing that work. It was kind of a glue. that held us together. >> [music]. >> She did call me and said, "You'll never. believe it, but this guy flies to Mexico. and helps children that are. disadvantaged." [music]. I can't even believe I met a person that. was so great.

>> But one thing Dr. Bob hasn't been so. eager to share with Stephanie are. details of his previous [music]. life in New York. Stephanie says she found it odd that he. was so reluctant to have his palm read. >> [music]. >> by her close friend, a palm reader. >> He had this dark energy, and his eyes, they were the strangest. >> [music]. >> thing that I've ever seen. His eyes. would go like this. Well, by then he. figured out what I did for a living. And.

so he didn't want to have anything to do. with me. There was something. secretive [snorts] about him. >> [music]. >> One time I saw his luggage tags that. said Gail Barenbaum on them. So, I'm. like, okay. Maybe a cousin. No biggie. And then after a while, I'm just like, Bob, who's Gail Barenbaum? And then it took him a long pause. And he got kind of emotional.

And he told me he had been married. before. And they had a big fight and she took. off for Central Park. [music]. And she disappeared. >> Stephanie says Barenbaum told her he had. been thoroughly investigated by the cops. and cleared of all wrongdoing. >> The way he told the story, it was. believable. About a year and a half into the.

relationship, he gave me a fortune cookie. And I. opened it up and there was a diamond. ring. And I'm like, Bob, we can't get married. Because Bob wanted kids. I. did not. >> [music]. >> So, that's when our trouble began. >> Bob's image on paper was real. But cracks started to appear. >> [music]. >> One time we went flying when we went. down to Sedona with Dr. Thau got. It was.

a very intense landing. >> She simply bumped the door of the. airplane when it was parked. His. demeanor changed just like that and went. [music] into a rage. Tight eyes, tight mouth, focused, [music] red in the face, screaming. I thought he was going to. strike her. >> [music]. >> I thought, this guy's crazy. >> [laughter]. >> On another trip, this time on a boat, [music] Stephanie says she feared for.

her life. There was an explosive. incident [music]. after she asked the host for a glass of. red wine. >> When he went to open that bottle of. wine, it was like opening a bottle of. champagne that sprayed everywhere. Bob. went ballistic. That's when I saw his. laser eyes. that just pierced my soul. He just raged on me like it was my. fault. And I thought, "Ooh, this is not. good." My life was flashing in front of. my eyes. That was like a tipping [music]. point in our relationship.

>> Alarmed by that incident, Stephanie says. she demanded they see a therapist, just. like Gail had done a decade before. >> We only had one session and she goes, "There are issues there that my life. could be in danger with him." And so, I. started to build a strategy to leave. >> I definitely said, "Stephanie, you. dodged a bullet.". >> But Birnbaum quickly bounces back, dating and proposing to one woman after.

another. >> Bob took [music] the same diamond and. set it in one ring after another after. another until Bob finally met the woman. of his dreams, Janet Cholette, a. gynecologist [music] in Las Vegas. And in June of '96, they were married. >> There would be a next stop and yet. another transformation for Dr. Bob when. his wife gets offered a new job out of. Las Vegas.

>> [music]. >> I learned that he was in some real rural. place. Sounded like the antithesis of. [music] New York City life. >> But it turns out Dr. Bob was about to. become a hero after a terrifying. incident. >> The tire reared up on his hind legs. >> Minot, North Dakota is known as the.

Magic City. That dates back to the early. days when the railroads came through and. a city emerged out of the prairie and. grew like magic. But when we talk about the Magic City. today, the magic in Minot is the people. How friendly everyone is and [music]. willing to do something for a complete. stranger. >> People tend to just accept you and not. ask a bunch of questions. If one was. escaping. >> [music]. >> something, perhaps that's a great place. to go.

>> Robert Birnbaum came to Minot in the. mid-90s and made quite a splash. >> When Bob was in North Dakota, there were. I believe five plastic surgeons [music]. in the entire state. >> Birnbaum had followed his wife Janet. from Las Vegas to Minot after she landed. a job there. They both worked at Trinity. Medical Center, Janet as a gynecologist, Bob as a plastic surgeon. They lived in. a small condo. >> First time I spoke with him, he got real.

close, you know, kind of got into my. space. and touched my face cuz I had a a mole. on my face and I'm kind of backing up. and he says, "I can fix that.". >> He didn't quite fit in. [music] His. style was more New York than it was. Minot. So, he [music] stood out, but he. made an effort to be part of the. community. [music]. >> The Jewish community was very small. We. all knew one another.

I started a bagel shop in Minot. >> [music]. >> He was a customer sometimes and he was. also well known in the community for. making his own bagels. He always came across as being a nice, kind of disheveled, not quite put. together guy, you know, and [music]. smart. People in the medical community. were impressed with him. He had great. credentials. >> I think people in Minot would have. imagined that Dr. Birnbaum was a kind of.

gift. >> Then on July 30th, 1998, there was an. incident at the North Dakota State Fair. that thoroughly cemented Birnbaum's. reputation in Minot. >> Every year our biggest event [music] in. Minot in North Dakota is the North. Dakota State Fair. You've got rides and carnivals and every. kind of food imaginable. >> Okay, let's hear from McKenzie, [music]. our tiger tamer. >> There was a tiger exhibited at the fair.

They were offering pictures on a table. with a cub tiger. [music]. >> We had been extraordinarily busy. We had. a vast large attendance on that day. >> [music]. >> In the photo ops, a cub was being fed a. bottle of milk and all the tigers had. been overfed at that point except for a. roughly 280-lb. tiger named Luton. [music]. And I thought we were coming up to a. break, but you know, the manager said,

"Well, let's get this one family.". >> The tiger Luton was a last-minute. substitute for this photo. It was taken. with Ron Goddess's family gathered. behind him. >> The trainer had the tiger by a leash and. tiger was reared up on his hind legs. Pulled my son back towards him into his. mouth and and commenced to [music]. making a chew toy out of my son's head.

My son was a fraction of an inch from. losing his right eye and a quarter of an. inch from losing his left ear. They were expecting to have to fly my. son medevac to Fargo. But there just so happened to be. plastic surgeon that they were able to. get a hold of and it happened to be Dr. Birnbaum. He sewed his eye back in and tucked it. nice [music] and tight and put his ear.

back on. I believe Dr. Birnbaum saved my son's. life, without a doubt, hands down. >> While the incident with that tiger makes. Biernbaum a local hero, he's apparently. still touchy about details of his past. [music] life. >> I just in passing sort of said, "Were. you ever married before?". His reaction was so immediate and so. um.

stiff, surprised, shocked, [music] you. know, that I thought, "Whoa, I touched a. nerve.". >> Soon after arriving in Minot, Janet. decided [music]. to go to law school and she moved to. Grand Forks, North Dakota, which was 200. miles away. >> He had his domestic situation with a. wife in Grand Forks, but he had a patient [music] base in. Minot. >> He got into his plane and flew between. the two cities. He'd be working in. [music] Minot.

and then he'd see Janet on the weekends. In November of '98, Janet [music] and. Bob had a baby daughter. >> My name is Barb Cooper and I was one of. the nannies for Robert Biernbaum and his. wife, Janet, [music] in Grand Forks, North Dakota. It looks like he must have come home. from work. He had his suit on and just. sitting down on the kitchen floor, just. right where he was, and [music] to play. with his little girl and his dog. This is one where where Bob would have. come home. He's got a name tag on.

Just his face would just light up when. [music] he would see her. He looked good, wore suits, loved his. child, loved dogs, you know, just all. over all things that you would think. would be. great characteristics [music] to have in. somebody. >> He becomes a family man, has a daughter. >> He has a child. >> At that point, do you think he may well. live out the rest of his life, [music].

never having to pay for this? >> I think I began to feel, even in Vegas, that that was. the life we were going. to have to live. >> After [music] he left Las Vegas and. moved to North Dakota, I'm. confident he thought the ball game was. over. That [music] he's never going to have to. deal with this ever again. >> And then one day, something really. strange happens while you're at work. >> I had a strong loud knock on the door. I.

opened it up. There were a couple. gentlemen standing outside. They wanted to talk to me about Dr. Robert Barenbaum. >> He has no idea what's coming down the. road. >> One of the stops on that road would be. the cemetery where Gail was laid to. rest. And what they'd find in her grave. would surprise everyone. >> [music].

>> In North Dakota, Robert Barenbaum has. created a new life for himself as a. highly respected doctor and a pillar of. the community. >> Dr. Barenbaum was a guy who [music] did. good stuff. In New York, he'd be called. a mensch. Here, he'd [music] be called a good guy. Somebody that you might think is a. little bit odd, but you appreciate. because [music] of the good deeds he's.

doing. >> While Bob was building a new life in the. Dakotas, back in New York, there was. somebody, somebody important who. couldn't forget [music] the. disappearance of Gail 14 years earlier. That guy was Andy Rosenzweig, the chief. investigator of the Manhattan District. Attorney's Office. >> How long did you guys work at this on. the first go-round? >> Probably between 9 months and a year. >> As Andy Rosenzweig is getting towards.

retirement, he's also looking at cases. that are still haunting him. And the. Barenbaum case was top among those. >> Within the DA's office, they had just. created a cold case unit and Rosensweig. decided to give this cold case to Steve. Saraco and Dan [music] Bibb, two. seasoned investigators who he knew if. anybody could find out if Barenbaum did. it, they would. >> Andy came to Steve and I with a file and. said, "I want you guys.

to take a look at something.". >> [music]. >> The first thing that stood out to me. when I reviewed the file were the flight. records. "Oh my god, he flew for 2 hours the day. his wife disappeared.". And the fact he didn't tell anybody, there's the explanation why Gail is not. around anymore. >> That coupled with his visits to his. psychiatrist, Dr. Michael [music] Stone, his sessions with Dr. Stone were so. intense and upsetting [music] the. psychiatrist was ethically bound to send.

his wife, Gail, a letter that warned her. that she was in danger of her life. >> Uh the letter says, "If I do not heed. this advice, I must accept the. consequences including the possibility. of personal injury or death at the hands. of my husband.". >> Yeah, I called Stone, cold called him. and I said, "Dr. Stone, my partner and I. are reinvestigating the disappearance of. of Gail. >> Katz Barenbaum.". >> And he said, "Uh of course he killed. her. Dr. Barenbaum's a dangerous. psychopath. This case has been burning.

on my brain." Then I said to Dan like. the next day, "I think we're on to. something here." And that's when we. started like rolling. >> Andy Rosenzweig calls me and he says, "I. want to reopen Gail's case.". And I had mixed emotions. I did not want my life turned upside. down. I didn't want the wound opened. for nothing. >> And for Elaine, it would become even. more difficult. Back in 1986, a female. torso that washed up off Staten Island.

had been identified as belonging to. Gail. >> [music]. >> Her family laid it to rest in a cemetery. in Queens. >> In the summer of 1998, we decided to. attempt to get Gail's body exhumed. >> [snorts]. >> Body had been tentatively been. identified through an x-ray. Of course, we had the technology now to do DNA. And to our surprise, it came back that.

Gail Katz had been eliminated as a. contributor of that sample. >> I am so. devastated. That little little shred of closure. that I had has now been ripped away. And I looked up at Dan. and at Steve and I said,

"Now, you better get a conviction.". >> Biben and Saracco decide to re-interview. everyone associated with the case. [music] in person, including a woman. Birnbaum dated in New York City [music]. after Gail's disappearance. >> One of the things she related involved a. phone call that came in the middle of. the night. The police called from the. Port Authority [music] Bus Terminal, thought that they had found Gail. Bob's initial [music] response is, "Can.

I talk to you in the morning?" He hangs. up and he says, [music]. "I doubt it's Gail. Go back to sleep.". >> Biben and Saracco also traveled to Las. Vegas to interview the women Birnbaum. dated there. [music]. You get a knock on the door, investigators wanting to know about your. old boyfriend. >> They were from [music] the New York. Investigative Bureau. >> You must have been blown away. >> I was shocked.

Last thing I expected. [music]. >> In late November of '98, we decided to. send investigators to North Dakota to. see if we could get some kind of. statement. >> He's feeling as as safe as you possibly. can. All of a sudden now, he sees these guys. from Manhattan telling him, "We're here because we're investigating. reinvestigating your wife's. disappearance." Dr. Barenbaum reacted. with shock.

and disbelief. >> So, it was a baseball bat upside his. head. >> [music]. >> Then, in September of 1999, 14 years. after Gail's disappearance, a grand jury. indicts Robert Barenbaum for. second-degree [music]. murder. >> Authorities accused the plastic surgeon. of killing his wife, Gail, in this. apartment, packaging her body, and. dumping it somewhere over the Atlantic. Manhattan DA's office. >> To see your boss's face on the 10:00. news accusing him of murdering his first.

wife was [music] pretty shocking. When. that came on, I was standing, >> [music]. >> and I actually dropped to my knees. I. was just like, I couldn't believe it. >> Never in a million years you think you'd. be using cold, calculated murder. in the same description as this guy, Dr. Barenbaum. I didn't There's [music]. just no way. >> The Barenbaum story, when you get right. down to it, is Dr. Jekyll and Mr. Hyde, and that's a hell of a story. >> Robert Barenbaum will be returning to. New York City, this time to stand trial.

for Gail's murder. But with no body, no. physical evidence, will he be convicted? >> We knew it was going to be the toughest. trial that we had we'd ever had. There. was no foregone [music] conclusion to. this case by any stretch of the. imagination. >> And there was a huge unanswered question. that would involve a demonstration in. the sky. Was it even possible to toss out a body. out of an airplane flying more than 100.

miles an hour? >> 44-year-old Dr. Robert [music]. Barenbaum's dark secret has made. national headlines. >> Barenbaum turned himself in to New York. police this morning. >> I get a phone call from my sister. [music]. She says, "Turn on the TV. They've. arrested Robert Bierenbaum for the. murder of Gail Katz." And I started. screaming. >> Authorities accused the plastic surgeon.

of killing her in the apartment, packaging her [music] body, and dumping. it somewhere over the Atlantic during a. 2-hour flight in his private plane. >> It was such an unusual case. What doctor pushes his wife out of a. plane only from the Upper East Side? >> I [music] delighted and and and happy. that this day had come. I I saw my. mother, father, and sister. >> [music]. >> cheering up there. >> Bob, why don't you tell the public that. you're innocent? Why don't you tell me that you didn't.

kill my sister? 15 years I'm waiting to. hear you say that you didn't kill my. sister. >> It's the moment that I was waiting for. That Bob knows. you didn't get away with it. You were. going to stand trial for my sister's. death. >> Dr. Bierenbaum, we've been trying to. talk to you. >> We'd spent a lot of time digging into. this story. And. I wanted to ask Dr. Bierenbaum [music]. in person, point-blank, >> did you kill your wife? >> I have no comment, John. Thank you.

Sorry. >> And doctor, you have nothing to say. about this? You know, they've charged that you. took her in an airplane. >> He has no comment, sir. >> and threw her out? >> He's in the middle of a prosecution. We'll say what we have to say in court. >> We knew it was going to be the toughest. trial that we had we'd ever had. No. forensics, no eyewitnesses, entirely. circumstantial. >> On September 18th, 2000, there at 100. Centre Street [music]. in Lower Manhattan, the trial begins.

And on the bench, you have [music] Judge. Leslie Crocker Snyder. Her reputation. was no-nonsense, tough judge. >> [music]. >> Well, it was an unusual case with a lot. of difficult legal issues. And one of. them would be, of course, that there was. no body because then you wonder how the. prosecution is going to prove that there. was in fact a murder. >> In the opening statement, I tell the. jury right off the bat, I have no. forensic evidence, but I said. nonetheless, it's going to point to only. one direction, the guilt of the. defendant in this case, Dr. Birnbaum.

>> It was a key thing for the prosecution. to let the jury see how Birnbaum had. abused his wife during [music] their. marriage, including the 1983 choking. incident where it was so serious that. [music] she lost consciousness. >> Now, you would think that the. prosecution has a huge card up their. sleeves, that ominous letter from Dr. Michael Stone to Gail. It warned possible death at the hands of. her husband. But it turns out there's a.

big problem with showing that letter to. the jury. >> The prosecution wanted to admit as. evidence this devastating letter, but. the real issue here was a legal one, and. that involved the doctor-patient. privilege. And I didn't allow the. admission of the letter. >> Although the jury couldn't see the exact. letter, the witnesses, her sister, her. friend, were able to describe the. letter, the existence of the letter. >> Dan had done a terrific job of preparing. me to testify. [music] He says, "You're. going to be able to testify to more than.

I thought you would be able to.". >> It just helped the case to build and. build and build. It was another factor that demonstrated. the nature of their relationship. >> Another critical part of the. prosecution's case, the discovery that. Birnbaum had flown his plane on the. afternoon of July 7th, the day Gail went. missing. [music]. Remember, he told police he was alone in. their apartment during that time. Prosecutors, though, are able to show.

jurors Birnbaum's own personal flight. log where the 7th of July had been. apparently altered. >> [music]. >> to an 8. >> And not very professionally, either. It looked like a child had done it. >> The big hurdle for the prosecution was. to persuade the jury that someone could. actually fly a plane and push a body out. the door and not [music] crash. >> I was told by the defenders of Robert. Birnbaum, that actually doesn't work.

You're flying this airplane at 100 miles. an hour through the sky. You have the 120 lb victim and somehow. you're supposed to lean over and throw. it. The physics of it just make it. impossible. >> We thought what better way to show. somebody it can be done than by doing it. ourselves. We were going to find a plane, that. model, and take 110 lb bags of dead. weight and throw them out of the plane.

over the ocean. >> The sergeant showed that not only was it. possible to dispose of the 110 lb bag. that it actually was very [music] easy. He could do it either from the pilot's. door, which he did. >> [music]. >> or from the passenger door. >> [music]. >> The trailing helicopter actually filmed. the bag going into the ocean. >> I don't think Spielberg could have done.

it better. >> I thought their demonstration with the. airplane was extremely effective. Probably one of the critical moments in. the case. >> But it turns out the defense has its own. ace in the hole. >> The defense has only one witness. If the jury really believes him, it's a. huge problem for us. >> A bombshell eyewitness who threatens to. overturn the entire prosecution's case.

>> Over the course of the trial, the. prosecution calls 34 witnesses, including those close to Gail, who. testify about how she had become fed up. with her husband's treatment of her. >> I talked about his controlling behavior. And I talked about the fact that she was. looking for another place to live. >> She was going to leave. It was imminent. and I think that that was part of the.

reason why he did what he did. >> The defense. used cross-examination effectively to. tarnish the reputation of Gail, to portray her as unstable, [music] a. risk-taker. >> The defense did go into other reasons. why she could have gone missing other. than her husband murdering her. >> They brought up mental health issues, the possible drug use or infidelities. Ultimately, I think what they did lead. nowhere. The evidence didn't amount to to.

anything. >> The defense had one witness, Joel Davis, and I think they pinned their hopes for. their entire case on him. >> Joel Davis was a retired textile [music]. manufacturer. who told police early on that he had. seen Gail in an H&H bagel shop near. where she lived at 3:00 in the afternoon. standing there in shorts with a beach. chair with a friend. >> He essentially blows up.

the people's timeline as to when she was. dead. If a juror believes. that sometime 3:00 to 4:00 that. afternoon. that she's alive, that's a huge problem. >> What hurt Joel Davis the most was his. description of the woman that he saw in. the bagel store, that she was large. >> stature as. >> full-figured. >> So, you'd lead him even further down the. road. You're You're saying like she had. a big chest. Yes, if she was voluptuous.

>> [music]. >> Steve blows up like on poster board size. this photo of my sister. and I get to say. that's Gail. She was an A cup. Um she barely filled that. >> I think everyone in the courtroom, and. there was a lot of buzzing, that the. defense case had gone down the tubes. >> The message I wanted to deliver to them. in summation was that. he's the right. He's the guilty party.

One of my favorite movies is North by. Northwest. Alfred Hitchcock tale of a businessman. caught in an international intrigue. The movie there's a discussion of how to. get rid of a body and James Mason says, "This matter is best disposed of from a. great height. over water.". That. made it into my summation because I.

thought it was entirely appropriate. >> In their summation, the defense [music]. tried to take the prosecution's case. apart piece by piece. No physical. evidence at all. The the body out of a plane, nice, but. just a theory. Gail's own personal behavior could have. been a problem that led to her own. demise. >> [music]. >> 15 years after Gail's disappearance, the. case finally goes to a jury. After just.

5 and 1/2 hours of deliberation, there's a verdict. >> Once everyone heard there was a verdict, it was very, very tense. >> [music]. >> My heart is [clears throat]. pounding. I can feel it in my chest. >> [music]. >> And I can feel the tension in the. courtroom. >> The foreperson stands up and says, "Yes, we the jury have reached a verdict." And. [music] then the foreperson said, "Guilty.". And there was. a buzz in the courtroom. >> It was just a sense of complete.

satisfaction for not only justice but. for the sister and the family. >> Guilty verdict against plastic surgeon. Robert Bierenbaum. >> When you heard that conviction, [music]. your reaction? >> I'll never forget squeezing my brother's. hand. and slamming it down on his thigh and. saying, "Guilty?" with a question mark at the. end. Because did I just hear that? And. then, [music] of course, the reaction of. my brother as he grabbed me and held me.

and we trembled [music] and we cried, then I knew it was true. >> I was in shock. >> To finally see the handcuffs go on his. wrists, to finally see [music] him walk. into a jail cell. The feelings are indescribable. >> A typical sentence for me would have. been 25 to life because of the enormity. of the crime. But.

there are very few [music] cases in. which someone has been a law-abiding. citizen and has done good things. >> [music]. >> So, I gave him 20 years to life. >> Since that sentence in 2000, [music]. few people thought they would ever hear. about Barenbaum again. But just recently, shockingly, Barenbaum. would reemerge and what he would say. would stun everyone involved in the.

case. >> And I was like, "Holy Are you kidding me?". >> The earth shifted. I was in shock. >> [music]. >> Since 2000, Bob Barenbaum has been. behind bars serving that sentence of 20. to life. >> When Bob was incarcerated [music]. for many, many, many years, I stopped. thinking about him. >> Barenbaum offered no apologies to the.

Cat's family when [music] he was. sentenced, insisting he was innocent. And he spent the first 10 years behind. bars trying to prove his innocence and. [music] get his verdict overturned. He. appealed in state courts, federal. courts, got nowhere. >> Back in North Dakota, there are still. those who believe he might not have been. guilty [music]. of the crime. >> It didn't add up. >> You didn't think it would be possible. for. somebody that nice to do something.

[music]. that that ugly. >> Just last December, after 20 years. behind bars, Bob Berenbaum was up for. parole. The parole board denied him freedom. >> There was no public reason given for the. decision, but 20/20 obtained this. transcript of that parole hearing, and. in it is a shocking revelation. For the. first time in 35 years, Berenbaum. finally admits to killing Gail.

>> [music]. >> To the parole board, Berenbaum said, "I. wanted her to stop yelling at me, and I. attacked her." When he's asked, "How did. you attack her?" he responds, "I. strangled her." Berenbaum goes on to. say, "I went flying. I opened the door. and then took her body out of the. airplane over the ocean.". >> I was stunned when I heard he admitted. it. >> I was like, "Are you kidding me?". >> He admitted doing it just the way we.

told the the jury that he did to it. >> The earth shifted. I was in shock. He admitted killing Gail. And I cried. >> He said he killed Gail because he was. immature and didn't understand how to. deal with his anger. The parole board noted that at the time. he was a 29-year-old medical doctor. >> And you were immature? Really? Said he was a danger to the community.

and needs to stay in. When I read those minutes, oh my god, this is exactly the same man. that I knew 35 years ago. He is. incapable of a shred. of remorse. >> It's a very sad story [music] because. it's an unnecessary one. And this is. what happens so often in domestic. violence cases. The victim could have. been saved.

>> This is the home of the Pace Women's. [music] Justice center. 20 years ago we named. it Gail's house to raise awareness of. the pervasiveness of domestic violence. The first time. Bob strangled my sister to. unconsciousness, we just. >> So young, such potential. >> I would like to believe.

that. my sister's energy. has been out there for 35 years. >> [music]. >> cheering me on. moti- I feel my sister's. spirit is here. It is. warning others, inspiring others. >> Still to this day I think about her. constantly. So [snorts] young, such potential. >> I would like to believe.

that. my sister's energy. has been out there for 35 years cheering. me on. motivating me, encouraging me holding me. up. The world's a [music] lesser place. for the loss of my sister. >> Some really moving words from her sister. here tonight and we should point out. that Robert Bierenbaum's next parole.

hearing is scheduled for November. He turned down our request for an. interview. >> And if you or someone you know is. dealing with domestic violence, please. go to our website at abcnews.com/2020. for resources that could help. >> And you can find all new broadcast. episodes of [music] 20/20 Friday nights. at 9:00 on ABC.