Fugitive charges in death-penalty case dropped

In 1987 Randi (alias), a 22-year old nanny from the Dakotas was accused of sexual battery of a child under twelve, in this case a two-year old, along with another nanny she was visiting. This was a death penalty case under the statutes at that time. The majority of the accusation emanated from her co-defendant who cut a deal.

Randi returned to the Dakotas in 1987 with no knowledge of a warrant for her arrest. In 2008 when Randi first learned of the outstanding warrant and the charges, and again in 2012 she was arrested in the Dakotas and held briefly. The extradition warrants in both arrests were faulty and, therefore, no extradition took place.

In the summer of 2012 I flew north and tested her. Following the submission of her test results, charges were dropped and the nightmare for her and her loved ones ended. This was a truly rewarding case.

State of Florida v. Adam Kaufman – Case # F09-012392 – 1st Degree Murder

Leonard Bierman tested Kaufman August 2009 and reported him truthful in his denials of killins wife, in spite of compelling evidence to the contrary. Skillful lawyering by defense attornies William Matthewman and Alberto Milian produced the results.

The case initially appeared so heavily balanced towards prosecution that it and its outcome became a case featured on the network show, Dateline on June 14, 2012, the second case on Dateline this year where Bierman conducted the polygraph examination (Disappearance at Sea the other).

Adam Kaufman was arrested for the murder of his wife.

Circumstantial evidence weighed heavily against him (he was the only one else in the locked condominium). The cause of death (eighteen months later) was strangulation, the manner of death – homicide. There were bruises on her neck and throat.

Bierman was requested to conduct a polygraph and did so, finding Kaufman truthful in his denials of “inhibiting his wife’s respiration in any way”. William Matthewman followed with the most compelling motion to admit polygraph Bierman has ever witnessed. Then in a masterful performance Matthewman and Milian demonstrated to the jury Lina Kaufman having a heart attack (born out by medical tests indicating a heart scar overlooked by the coroner’s autopsy) while on the commode and falling on a magazine rack, her throat striking the handle and with her fluids apparent on several of magazines in the rack (also overlooked by an Aventura Police Detective on his very first homicide case).

United States v. Ali Shaygan - Case #08-20112-CR

Dr. Ali Shaygan was indicted by the government on 141 charges of illegally dispensing pain medications resulting in a death. Prior to the trial a Motion to Suppress government evidence by the defense team was heard claiming that critical government evidence was alleged to have been improperly obtained. Bierman’s polygraph testimony was influential in the decision for the defense’s claim of improperly obtained evidence with the evidence being ruled inadmissible.

Shaygan, defended by the brilliant defense team of David O. Markus and Marc Seitles, was found not guilty of all counts following a four-week trial in just four hours of jury deliberation. Dr. Shaygan was facing a minimum mandatory sentence of 20 years in prison if convicted. After the acquittal the court awarded the defense over $600,000 in fees.

Steven L. Weisberg v. John Robert Schwartz, et al

A milestone was reached in the arbitration hearing of Steven L. Weisberg (represented by noted securities attorney Craig Stein) v. John Robert Schwartz, Royal Alliance Associates, Inc. and Retirement Advisory Services, Corp. on October 12, 2010.

Polygraph testimony as evidence by Leonard Bierman favoring the plaintiff was allowed. This was over the objection of a motion in limone to prevent it, making it only the second time in history. The previous, a hearing in Reno, Nevada in 2004.

United States v. Fred Massaro – Case #006273, Honorable Paul Huck Presiding

Mr. Massaro was convicted of the first-degree murder of a woman found bound in a trunk in the outskirts of the Everglades. He was charged in addition with seventeen counts of RICO violations. Mr. Massaro was tested by Mr. Bierman on the murder and called truthful in his denials of culpability in the murder.

At Mr. Massaro’s sentencing hearing, Mr. Bierman was called on by attorney for the defendant, Fred Haddad, to testify to the results of the test and did so. Following Mr. Bierman’s testimony, Mr. Haddad requested consideration under “absolute innocence” findings.

Judge Huck dismissed the argument and sentenced Mr. Massaro to “life in prison” on the murder. It was at this point Mr. Hernandez, a co-defendant in the RICO portion of the indictment, rose and asked the court’s permission to speak. Permission was granted. Mr. Hernandez then stated, “Your honor, I did the woman (the murder). Massaro had nothing to do with it.”

Fred Massaro died in prison within a few months of his sentencing while an appeal was pending.

State of Florida v. Jose Zuniga, Case #F00-27588 and #F00-28042

Mr. Zuniga languished in jail for almost a year-and-a-half awaiting trial on two armed robberies that occurred within fifteen minutes of each other. He was tested by Mr. Bierman and found to be truthful in his denials of culpability in the robberies. Following submission of the results Dade County State Attorney’s Office asked to have their own examiner test the defendant.

This test was reported “deceptive to the relevant questions”. A meeting between Mr. Bierman and the examiner for the State’s Attorney to resolve the conflicting issue was held and the other examiner reviewed Mr. Bierman’s test charts and concurred with his truthful findings.

The State Attorney’s examiner did, however, insist that his test was accurate as well, as the defendant reacted deceptively to questions as to “knowledge of who committed the robberies”. Mr. Bierman’s response, “I did not test him on knowledge, I tested him on what he was charged with – Armed Robbery – two counts, he denied it and he was truthful to that”.

The State agreed. Charges dropped.

State of Florida v. Nelson Del Rio, Case #01-18395 CFA – Murder 1

Mr. Del Rio was tested by Mr. Bierman in accordance with a stipulated agreement. He was charged with the first-degree murder of Jack Davidoff.

Mr. Del Rio’s initial examination was inconclusive and appeared to have been intentionally distorted and he was so informed. A few days later, based on an informant’s tip, notes that paralleled Doug Williams’ manual of instructions on “How to Sting the Polygraph” were found in his bunk beneath the mattress.

A second examination of Mr. Del Rio by Mr. Bierman indicated his truthfulness in denying the murder, but Mr. Bierman opined that Mr. Del Rio was involved with the disposal of the body.

Mr. Del Rio subsequently admitted his participation in the disposal and provided evidence and testimony resulting in the conviction of Illidio Lindo in the murder of Jack Davidoff.

State of Florida v. John Doe (Names withheld for obvious reasons)

In January 2004 a 31-year-old father was accused of capital sexual battery, including vaginal penetration, of his eleven-year-old daughter. Examining physicians at the Rape Treatment Center reported that the daughter’s injuries were consistent with her complaint.

While the father was being tested, the daughter making the allegations called the father’s defense attorney, Mr. Fields, and left a seven-minute voice-mail message detailing how she had, with the aid and use of a foreign object, performed penetration of herself causing internal injuries. At a subsequent deposition the daughter repeated her tale of self-infliction and her need for attention.

Charges in this case are expected to be dropped.

State of Florida v. Nelson Serrano, Case # CF01-03262A-XX

Nelson Serrano was being tried as a mass murderer in Polk County, Florida. A polygraph examination offering exculpatory evidence was conducted and a Frye Hearing held to admit the polygraph examination. Mr. Bierman was engaged to offer a second opinion on the examination and following that to provide foundation testimony for the admissibility of the polygraph test. During the foundation hearing word came down to investigators that an individual already in custody in Tennessee had admitted to the four slayings.

Mr. Seranno was convicted on four counts and sentenced to death. As of February 2009 Serrano’s conviction is being appealed before the Florida State Supreme Court. The refusal to admit the expert polygraph testimony is a significant portion of the appeal.

United States v. Tyrone Young, Case #04-20809-CR-KING

Mr. Young was arrested and charged with Post Office robbery. He was identified by an eyewitness employee of the post office and he had a history of similar offenses. Mr. Young was tested by Mr. Bierman in regard to the Post Office robbery and found to be truthful in his denials of participation. A second concurring opinion was provided Jason Kreiss, attorney for Mr. Young, who proffered this information to both the judge and the FBI. Judge King, influenced in part or in whole by the polygraph, dismissed further proceedings. Several months later someone else was arrested and convicted of the robbery.

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