'' But when they learned he was a plastic surgeon and was checking for cancer, they softened. No one, other than Bierenbaum, reported seeing Katz after July 6. The passage quoted above demonstrates that the Appellate Division found particularized guarantees of trustworthiness in the challenged statements. ''Going to other states and acting like you're innocent? To show ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), Bierenbaum must (1) demonstrate that his counsel's performance fell below an objective standard of reasonableness and (2) affirmatively prove prejudice arising from counsel's allegedly deficient representation. Brown v. Greene, 577 F.3d 107, 110 (2d Cir.2009) (quoting Carrion v. Smith, 549 F.3d 583, 588 (2d Cir.2008)). See Galdamez v. Keane, 394 F.3d 68, 78 (2d Cir.2005) (reaching the merits of petitioner's confrontation clause claim where briefs and leave application, fairly construed, raised the issue). Often thereafter Katz would ask her for advice: would DeCesare leave her husband if he threatened to strangle her; had DeCesare's husband ever threatened to hurt her; should she leave Bierenbaum. Now we will tell you that the evidence will also show that she is dead. After an eight-day trial by jury in October 2000 before the Honorable Leslie Crocker Snyder in the Supreme Court of the State of New York, County of New York, the jury returned a verdict of guilty to the charge. He faces 25 years to life and is to be sentenced on Nov. 20. We affirm. Medical Schools in Los Angeles: Stats, Rankings + Tuition Bierenbaum faults defense counsel for failing to impeach Segalas with his prior statements, claiming that this damaged the defense theory that Katz's drug usage and risky behavior may have led to her disappearance. Dr. Robert Bierenbaum, Surgery | Grand Forks, ND | WebMD Today, local rumor has it, the federal witness protection program relocates people here. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. He also argued, among other issues, that the trial court erroneously 1) allowed the jury to learn of the existence and nature of the letter written to Katz by Bierenbaum's psychiatrist warning her of the danger Bierenbaum posed to her; (2) allowed various people to testify about Katz's verbal statements to them describing Bierenbaum's threatening remarks and behavior; and (3) permitted the jury to watch the videotaped demonstration showing how a pilot flying solo may load a duffel bag containing a 110-pound body into a Cessna 172 airplane, fly over the ocean and eject the bag. that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. Dr. Bierenbaum graduated from the Albany Medical College in 1978. Location Comments: We're glad you're checking out Trillium Health. Depending on your income and household size, we can help you qualify for Child Health Plus, Family Health Plus, Medicaid, Healthy New York, EPIC, or the RPCN Community Health Care Plan. See Bierenbaum v. Graham, No. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). A forensic examination of the aircraft yielded no results. Bierenbaum called her therapist and others on that day asking if they had seen her. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. On February 25, 2008, the district court denied the petition without conducting an evidentiary hearing. Robert "Rob" Biernbaum, D.O. The probable truth, Bibb said, is that Bierenbaum strangled hiswife in their Upper East Side Manhattan apartment after she toldhim she was leaving their loveless and sometimes violent marriagefor another man. Bierenbaum argues that his trial counsel was ineffective for failing to request a jury charge to the effect that the prosecution must prove beyond a reasonable doubt that the crime occurred within the state of New York. Currently incarcerated, Bierenbaum appeals from the February 26, 2008 judgment of the United States District Court for the Southern District of New York (Sweet, J.) He works in Grand Forks, ND and specializes in Surgery and. SECRET PAST OF COOL DOC WITH FIERY TEMPER - New York Post BIERENBAUM v. GRAHAM (2010) | FindLaw Moreover, it was a reasonable trial strategy to establish a forthright relationship with the jury, by conceding what the defense did not have evidence to contest. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. The Appellate Division ruled that the statements bore numerous hallmarks of reliability: 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. The location you tried did not return a result. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. Under New York law, [a] person is guilty of murder in the second degree when [w]ith intent to cause the death of another person, he causes the death of such person N.Y. That is one of the theories that could have happened. That evening Bierenbaum filed a missing persons report indicating that when Katz was last seen she was wearing pink shorts and a white t-shirt. Defense counsel made no contemporaneous objection, but after the summation and before the jury charge he moved for a mistrial on that and other grounds. And when detectives grilled him about what he did on July 7, 1985, the day his wife disappeared, he never mentioned his two-hour solo flight in a Cessna over the Atlantic Ocean. Although Bierenbaum did not express any concern about his wife at the party, later that evening at a friend's house he appeared distraught and called the apartment a couple of times. Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 2006. When You Have No Body: Corpus Delicti and the Bierenbaum Case Robert Bierenbaum, a former plastic surgeon who was convicted of murdering his wife in 2000, finally confessed to killing her and throwing her body out of an airplane after more than three decades of maintaining his innocence. Later in his summation, he returned to the drug-related disappearance theory: Segalas-they did a little bit, what they thought was cocaine that was left in the house. Trial Tr. Bierenbaum does not dispute that Alvarez told the authorities in July 1985 that he did not recall seeing Katz on July 7, and that he did not remember how she was dressed the last time he did see her. Dr. Robert Bierenbaum . Marvin Bierenbaum Obituary (2008) - New York, NY - New York Times The police report also stated that Katz phoned Segalas in June 1985 and asked him to examine some cocaine she had bought, because she thought she had received a short amount. The prosecution did argue in summation that Bierenbaum lied about the doorman, but the thrust of the argument was that Bierenbaum never spoke with Rivera at all in the days after Katz's disappearance.3 The Alvarez testimony, if believed, would not have countered this argument, as Alvarez did not claim that he'd mentioned his sighting of Katz to Bierenbaum, or anyone else, during this period. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. He lied to both officers, telling both of them that he had remained in the apartment until approximately 5:30 p.m. when he left for the party in New Jersey. Loma Linda, CA . ABC news anchor John Quinones (right) interviews Daniel Bibb, an original prosecutor in the case involving the murder of Gail Katz-Bierenbaum by her husband Dr. Robert Bierenbaum, for a "20/20" tv . This was the same year that a partial female body washed ashore in Staten Island, New York. The faculty-student ratio at . 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. Grand Forks, ND 58201 . In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. Though the five-block downtown area boasts a jail, a courthouse and two competing hospitals, Minot (pronounced MY-not) has a desperate need for people and talent. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. We're a special place where you'll receive the best HIV/AIDS medical care, prevention, and support services available today from experts who are recognized worldwide for their innovative treatment therapies, research, and clinical trials expertise. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. With the benefit of hindsight, conceding that Katz died on July 7 may seem extraordinary, but at the time counsel would have had reason to believe that the jury was likely to hear from several reliable sources that she had appointments for the next day, and that she would have kept those appointments if she could have. vol. Certain of these witnesses also testified that Katz told them she had received a letter from Bierenbaum's therapist warning her that Bierenbaum was a danger to her, and that Katz intended to threaten Bierenbaum with disclosure of this letter. Dale Maixner, special agent with the North Dakota Bureau of Criminal Investigations, has another theory: that he was systematically building an image as a person incapable of murder. View info, ratings, reviews, specialties, education history, and more. It ranks in the top 20 in the United States for both research and primary care. Surgery, Internal Medicine. On direct appeal, Bierenbaum contended that the trial court erroneously admitted videotapes, demonstrating how a pilot can, without assistance, place a flight bag loaded with one hundred ten pounds of weight into a Cessna 172, fly the plane over the ocean and push it out. ''It's the loss of his life and the good he does to help other people. provider will be able to view your information so they can provide the most informed care and treatment. He told Karnofsky that he had gotten into an argument with his wife one day, that she went to cool off in Central Park, that she had been seen one time around the area of Central Park, but had never been seen again. He knew in July of 1985, what it would take to kill her. ''But he was just like, 'Anything to do to help.' 3. He told another renter that he had gone looking for Katz in Central Park, found her towel and suntan lotion, but she was gone. He is a native Rochesterian with roots in Pittsford and Victor. Alayne Katz, Katz's sister, testified that Katz had called her in the fall of 1983, extremely upset, and told her that her husband had tried to strangle her, that she lost consciousness, Bierenbaum revived her and apologized profusely. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). 9. Dr. Robert Bierenbaum had a second motive to murder his wife - she was threatening to expose him and his cardiologist father as Medicaid scammers, a witness told jurors yesterday. Given that the testimony was independently admissible, and the trial court gave a curative instruction in connection with the improper closing argument, defense counsel's mistaken reference to a forensic search did not open the door to prejudicial comments. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. 28 U.S.C. Given that the Appellate Division reviewed the claim that the evidence was legally insufficient to prove that Bierenbaum intended to cause Katz's death, he cannot claim that counsel was ineffective in failing to preserve the issue for appeal. After Bierenbaum's direct appeal was concluded, he filed a motion with the trial court to set aside the judgment on the grounds that trial and appellate counsel had rendered ineffective assistance of counsel. ''We're from North Dakota and we trust people,'' said Mike Berg, a retired pharmacist and former head of the Rotary Club, who flew to Mexico with Dr. Bob. His arrest came nearly 15. Upon selling their Minot condominium, Dr. Bierenbaum took to sleeping on a folding cot in the hangar beside his airplane and showering in the hospital where he still treated patients. N E W Y O R K, Oct. 24, 2000 -- Dr. Robert Bierenbaum, a plastic surgeon who wascharged with killing his wife 15 years ago and dropping her bodyinto the ocean from an airplane, was convicted today ofsecond-degree murder. It is not offered for such a purpose and it must not be considered by you for such a purpose. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. dr robert bierenbaum medical school - pentagram.restaurant The RHIO icon appearing in a provider's directory listing indicates the provider 2005 - 2023 WebMD LLC. O'Malley asked if Bierenbaum had ever hit his wife. 2254 in the United States District Court for the Southern District of New York. Bierenbaum, 748 N.Y.S.2d at 583-84. Bierenbaum claims that he was denied his Sixth Amendment right to effective assistance of counsel at trial, and that the admission at trial of numerous out-of-court statements made by the victim violated the Confrontation Clause of the Sixth Amendment. Is this you? Regardless of defense counsel's error in referring to the search as a forensic search, the prosecution would also have elicited the fact that Bierenbaum lied to Caruana about the search. A state prisoner may fairly present to the state courts the constitutional nature of his claim by claim[ing] the deprivation of a particular right specifically protected by the Constitution. Daye v. Att'y Gen. of the State of N.Y., 696 F.2d 186, 193 (2d Cir.1982) (en banc). Sherman's testimony would not have undermined confidence in the jury's guilty verdict. Bierenbaum contends that even if Alvarez's recollection was shaky, his testimony was essential to counter the prosecution's argument that Bierenbaum lied when he told Detective O'Malley that a doorman named Edgar had seen Katz leave the building. Although defense counsel mistakenly referred to the search of Bierenbaum's apartment as a forensic search, omitting the term forensic from counsel's opening statement would not have prevented the prosecution from eliciting Dalsass's testimony that a limited search of the apartment was conducted several weeks after Katz disappeared. I, 6. Dr. Robert Bierenbaum, a former plastic surgeon from New York convicted of murdering his wife in 2000, confessed to killing her and then throwing her body out of an airplane and into the. See United States v. Lovasco, 431 U.S. 783, 789 (1977). Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. When Alayne Katz accused him of killing her sister, thedefendant called his missing wife a tramp and said he believedshe had run off with another man. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. 4. Over defense objection eleven witnesses-friends, relatives, colleagues and Katz's therapist-were permitted to testify about conversations they had with Katz between 1983 and 1985 in which she talked about the state of her marriage, her fear of Bierenbaum's temper, his controlling behavior, his threats, and an argument in 1983 during which he choked her to the point of unconsciousness. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. On that point we agree with the Appellate Division, the post-judgment motion court and the district court that the contents of the videotape[s] depict a scenario that was anything but speculation. We disagree. 7. Sherman believed that Katz left the apartment when the door slammed. Bierenbaum argues that the challenged statements were inadmissible under either the Roberts or the Crawford and Davis standard: that the statements were admitted for their truth, that no hearsay exception applied, that the statements showed no particularized guarantees of trustworthiness, and that the statements were testimonial. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. To satisfy the first part of the test-performance-he must show[ ] that counsel made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment. Strickland, 466 U.S. at 687. Many of our partners in care are also providing services on site, just as they did before. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. Ive waited a very,very long time for this day. This limited search was conducted on September 30; nevertheless at that time Dalsass looked around the apartment to see if he could detect any evidence that a crime had been committed there. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. Even a neophyte could have found danger. Pressing the point on cross-examination risked alienating the jury for no particular strategic gain. participates with the Rochester RHIO. 2023 Rochester Health, Currently accepting new patients at this location. Counsel accepted the offer and the trial judge instructed the jury: Let me also state that the defendant had no legal obligation to allow the police to search his apartment at any point, but-and certain evidence came out concerning a search of his apartment. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. Please enter a valid 5-digit Zip Code. The fact that this defendant allegedly committed a prior bad act is no proof whatsoever that he possessed a propensity or disposition to commit the crime charged in this indictment or any other crime. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. He only stopped when she was dead We think about the intimacy of strangulation. Nontestimonial statements therefore do not implicate the Confrontation Clause. N E W Y O R K, Oct. 24, 2000 -- Dr. Robert Bierenbaum, a plastic surgeon who wascharged with killing his wife 15 years ago and dropping her bodyinto the ocean from an airplane, was convicted today ofsecond-degree murder. Its open wheat fields, quiet ways and uncritical embrace of strangers drew two such outsiders here in 1996, a doctor couple from New York and California who had both practiced medicine in Las Vegas. Anthony Segalas testified at trial that he and Katz used cocaine together twice. holds a Master's degree in Epidemiology from the State University of New York at Buffalo and a Doctorate of Osteopathy from the University of New England. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. See Bierenbaum, 748 N.Y.S.2d at 589. . He also devoted time to charitable . The search was thus limited to the scope of the permission given. Caruana testified that Bierenbaum told her that his apartment and car had been searched and that he was clean as far as any police investigation was concerned. Albany Medical College ; He didn't stop when he knew she was unconscious. When a state court has adjudicated the merits of a petitioner's claim, a federal court may grant an application for a writ of habeas corpus only if the adjudication of the claim-(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. We therefore conclude that the state courts were fairly alerted to the constitutional claim, Bierenbaum has exhausted his available state remedies with respect to the claim, and we may reach the merits of the claim. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. Dr. Stephanie Youngblood, a chiropractor who lived with Bierenbaum from 1990 to 1993, testified that Bierenbaum told her that Katz had a drug problem, was having extramarital affairs, and that he felt her death was drug-related: [h]e felt she went to Central Park to hang out with her druggie friends.. Bierenbaum told Dalsass that he had awakened at approximately 9:30 Sunday morning, that Katz had received a telephone call from an acquaintance that disappointed her, and that she left at about 11 a.m. after an argument, telling him that she intended to go to Central Park to get some sun. Contribute to our National Missing Person Day Fundraiser Home At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. The performance was videotaped, and the jury was shown the tapes. He has 45 years of experience. Katz told him that she was going to move in with her friend Ellen Schwartz in Connecticut. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. ''I feel grief, like someone has died,'' he said. Find Dr. Biernbaum's address and more. With bitter winters and little company, residents here have little use for moral condemnation. Dr. Robert Biernbaum, DO | Rochester, NY | Emergency Medicine | Vitals Medical School / Professional School: at 583. See People v. Bierenbaum, 850 N.E.2d 674 (N.Y.2006). There was evidence that Bierenbaum regularly carried heavy duffel bags. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. Please verify insurance information directly with your doctor's office as it may change frequently. Phone: (585) 754-7858,(585) 545-7200. Janet and the baby are fine. 06 Civ. DNA tests were not available at the time, but authorities believed that the remains were Gail's after conducting x-ray exams on the corpse. He described going to work Saturday morning, leaving the hospital and visiting his father, returning home around noon to go out to eat and do some shopping with his wife, including buying bras at a lingerie store and cat food at a pet supply store. Bierenbaum told O'Malley that he and Katz had a mild argument Friday night which continued on Saturday, whereupon Katz told him that she was going to Central Park to cool off at about 11 a.m. Bierenbaum said that he had spent some time at the apartment waiting for Katz to return, but then left at some point to visit his family in New Jersey. For more information, Dr. Robert Bierenbaum | Grand Forks, ND | Surgery | Vitals Robert previously worked for MultiCare Health System, an organization with a fast-paced trauma center, four community hospitals, and many neighborhood clinics based in Tacoma, Washington. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. Bierenbaum does not suggest that counsel should not have stressed the lack of evidence, or should not have mentioned that searches of the apartment, cars and airplane turned up nothing. I, 1889. Gail Beth Katz-Bierenbaum - The Charley Project A. See Williams, 529 U.S. at 413; Ramdass v. Angelone, 530 U.S. 156, 166 (2000); accord Kennaugh v. Miller, 289 F.3d 36, 45 (2d Cir.2002). 2. Contact us. Bierenbaum also takes exception to his trial counsel's failure to object to the prosecution's contention that he prevented a complete forensic examination of the apartment. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. Directly following this argument he alluded to the films Panic in Needle Park, and Looking for Mr. Goodbar, and suggested, in a similar vein, that these movies did not prove that Katz's drug use and risky behavior were connected to her death. His specialties include Emergency Medicine, Family Medicine. Katz moved out and lived for a time with her grandfather. Ive waited for that sound a long time.. To the owner of Bierenbaum's vacation rental property in South Hampton, he speculated that Katz had a drug problem and that she had disappeared with drug dealers. A former plastic surgeon confessed to killing his wife and - Yahoo! The trial judge denied the motion, but offered to tell the jury that Bierenbaum had no legal obligation to allow a search of his apartment, that he had a right to act on advice of counsel, and that the jury should draw no negative inference from that; but that in fact the apartment was not fully searched. New's 2023 Best Medical School Rankings, UCLA's David Geffen School of Medicine ranks higher in its primary care and research compared to other medical schools in L.A. WebMD does not provide medical advice, diagnosis or treatment. Dr. Robert Biernbaum, DO | Victor, NY | Emergency Medicine Physician Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. Dr. Jason Bierenbaum is an oncologist in McKeesport, Pennsylvania and is affiliated with multiple hospitals in the area, including UPMC Presbyterian Shadyside and UPMC East. [T]he question of whether a federal constitutional question was sufficiently asserted in state courts to form the basis of a federal habeas petition is a question of federal law which the federal courts must resolve for themselves. Acosta v. Artuz, 575 F.3d 177, 185 (2d Cir.2009) (quoting DiSimone v. Phillips, 461 F.3d 181, 189 (2d Cir.2006)).
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