Although the police wished to search for any evidence that would shed light on Katz's disappearance, the investigators felt they did not have probable cause to obtain a search warrant. Before long, Dr. Bierenbaum, a plastic surgeon, and his wife, Dr. Janet Chollet, an obstetrician-gynecologist, had settled in to medical practices, pitched in on community projects, had a home, a dog and a baby on the way. The email address cannot be subscribed. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. 7. A state court decision involves an unreasonable application of clearly established Supreme Court precedent if it correctly identifies the governing legal principle but unreasonably applies or unreasonably refuses to extend that principle to the facts of a particular case. Counsel suggested in his opening statement that You will also learn that she had a drug issue and you will learn at least one of the lovers Gail Katz Bierenbaum took behind Dr. Bierenbaum's back was also someone she shared drugs with, and you will learn it from his own testimony. Trial Tr. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. Bibb said one lie was that after Katz-Bierenbaum disappeared, aprivate investigator told the cosmetic surgeon that his wife was awaitress at a seaside resort in California. See Bierenbaum, 748 N.Y.S.2d at 589. On cross-examination Davis admitted that he had told an investigator for the defense that the woman he'd seen was tall and statuesque, and explained that he had confused his description of the missing woman by likening her to two different women, one tall with her face and one short with her body. Bibb said Bierenbaum put his wifes corpse in a large duffelbag, drove it to a New Jersey airport, took the body up in a Cessna172 and dropped it into the ocean somewhere between Montauk, onLong Island, and Cape May, N.J. 24/7 coverage of breaking news and live events. 5. ''And people would just be like, 'Hey buddy, don't touch me. as the organization's new Chief Medical Officer.. He said that he had called Katz's mother and two of her friends to see if she was there. Feb. 25, 2008). Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Medical School & Residency. The prosecution argued:What does he do? He was convicted in October 2000 of having murdered his estranged wife, Gail Katz-Bierenbaum 15 years earlier in their Manhattan apartment on July 7, 1985. Bierenbaum's only witness was Joel Davis, who saw a poster of the missing Katz and reported sighting her on a Manhattan street on the afternoon of Sunday, July 7. He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. The affair began while Bierenbaum was vacationing in South Hampton on Long Island during the month of August, and lasted about six weeks. Dr. Roberta Karnofsky, an anesthesiologist, had a year-long relationship with Bierenbaum beginning in fall 1985, while she was a medical student under his supervision. 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. 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. Think about the defendant. He knew in July of 1985, what it would take to kill her. Now we will tell you that the evidence will also show that she is dead. 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. But he chokes her much harder than he'd done when she was only having a cigarette. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. Kasenbaum testified that Katz told her she was having an affair with a colleague at a hospital where she was interning. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. 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.) A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Sergeant Matthew Rowley of the New York police department's Aviation Unit executed three flights in a Cessna 172 from Caldwell Airport on October 11, 2000, during the trial. I want to remind you that every individual has a right to an attorney and you can draw no negative inference from the fact that someone hires an attorney. In summation, counsel attacked the prosecution's use of the videotapes that showed how a body could have been loaded into an airplane and dropped into the sea, asserting that the videotapes did not supply proof of what happened to Katz. III, 2820, Oct. 12, 2000. Las mejores ofertas para 1975 Foto de prensa del Dr. Robert L. Tuttle, Facultad de Medicina de la Universidad de Texas estn en eBay Compara precios y caractersticas de productos nuevos y usados Muchos artculos con envo gratis! ''I have no idea what you've done in the past, you have no idea what I've done,'' Mr. Hussey concluded last week, after the verdict, seated in a restaurant near Minot International Airport, which has one baggage carousel. 3. Robert Biernbaum Do 259 Monroe Ave, Rochester, NY, 14607 8 other locations (585) 754-7858 Overview Locations OVERVIEW Dr. Biernbaum graduated from the University of New England College of. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. provider will be able to view your information so they can provide the most informed care and treatment. 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. Following the close of evidence, counsel move[d] to dismiss the indictment on the basis that the People have failed to prove their case beyond a reasonable doubt and to the legal standard required for the case to go to the jury. Id. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. The petition was denied on March 9, 2006. Dr. Robert Bierenbaum . Prior to MultiCare, Biernbaum was Rochester Regional Health System's chief architect for all Epic solutions and in charge of informatics for five hospitals and more than 100 ambulatory sites. Although Gail's family believed he was responsible for the disappearance, the police could not build a case for a long time as they lacked the body and concrete . He also devoted time to charitable . Although he followed in the footsteps of his father Dr. Marvin Bierenbaum by becoming a surgeon, he never gave up his dream of becoming the first Jewish astronaut. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. The videotapes were subsequently offered into evidence without objection. Was she killed by drug dealers? Although trial counsel made no contemporaneous objection to the summation, before the jury was charged he moved for a mistrial on this and other grounds.5 The trial court denied the motion, finding that the prosecution had not argued propensity, but that the incident was probative of other issues in the case, particularly intent. In July, early in the investigation, Dalsass asked Bierenbaum if he could look around the apartment. That involved advice of counsel. 2 reviews. With bitter winters and little company, residents here have little use for moral condemnation. The performance was videotaped, and the jury was shown the tapes. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. 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. Ive waited a very,very long time for this day. He told another renter that he had gone looking for Katz in Central Park, found her towel and suntan lotion, but she was gone. Its tuition is full-time: $38,920 (in-state) and full-time: $51,175 (out-of-state). vol. He described her to the jury as deeply tanned, about five foot one, with a well-developed body. In determining whether prosecution has been unduly delayed, a New York court will balance five factors: (1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay.. This Court granted a certificate of appealability on September 23, 2008. He lets it get explosive and as he has done before, as only he has done before, he places his hands around her neck and begins to choke her. Today, local rumor has it, the federal witness protection program relocates people here. Defense counsel did not move to dismiss the indictment for undue delay. 2254(e)(1); see Drake v. Portuondo, 553 F .3d 230, 239 (2d Cir.2009). 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. Given that the videotapes were neither speculative nor lacking in foundation, counsel was not ineffective for failing to object to their admission on that basis. Doctor of Osteopathic (DO) Cardiovascular Disease, Internal Medicine. 9. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). Detective O'Malley testified that in their first conversation Bierenbaum told him that a doorman named Edgar had seen Katz leave the building on July 7. One recent morning at Pietsch's airfield, where Dr. Bierenbaum spent hours tinkering with his plane and teaching flight safety for the Federal Aviation Administration, mechanics and pilots grounded by fog were eating apple pie. The things you loved about AIDS Care have not changed as a result of our name change. He said, 'I just have a lot on my mind.' Furthermore, the statements were made mostly to those close to her, in contexts completely devoid of coercion, not in response to anyone's questioning, nor under circumstances at all suggestive of any attempt to curry anyone's favor. 2254. Baran testified that she never told Bierenbaumthat. Dr. Ellen Schwartz, a close friend from graduate school, testified that Katz told her she was afraid of her husband, and that she was planning to leave him soon. When O'Malley followed this up in a second conversation, Bierenbaum said that Edgar was now not sure whether he'd seen her on that or another day. To his friend he related that he and Katz had an argument that morning and that she had left the apartment to sunbathe in Central Park wearing shorts, sandals and a halter top. The location you tried did not return a result. Dr. Robert Bierenbaum, then 39, an intense New Yorker with piercing eyes and an in-your-face manner, seemed misplaced amid the brawny and laconic citizenry. In addition to the evidence detailed above, the prosecution marshaled a wealth of circumstantial evidence that, in the words of the Appellate Division, when attentively review[ed] and critically assesse[d] , and after applying all natural and reasonable inferences, led to the inescapable conclusion that Bierenbaum murdered his wife on July 7, 1985, and the evidence excludes beyond a reasonable doubt any reasonable hypothesis of innocence. People v. Bierenbaum, 748 N.Y.S.2d 563, 574 (N.Y.App.Div.2002). Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. . The Appellate Division did not explicitly address Bierenbaum's confrontation clause claim,1 and the Court of Appeals denied leave to appeal without explanation. 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). 2254(b)(1)(A). Im very relieved, said Alayne Katz. Feb. 25, 2008). Bierenbaum told Katz's friend Ellen Schwartz that he had spoken with Katz's therapist Dr. Baran, who had told him that Katz was very depressed and she was concerned that Katz might hurt herself. Failure to object to summation remarks. Katz told her that she was looking for an apartment and that she was going to tell her husband that weekend that she was leaving. It was a reasonably defensible legal strategy to conclude that on the state of the evidence at trial the jury should be asked to make a choice between two, not three theories of the case. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. He didn't stop when he knew he was hurting her. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. It was consistent with that theory to concede her death on July 7. 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. 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. Bierenbaum, 748 N.Y.S.2d at 583. Relief and SorrowWhen the verdict was read, the victims sister, Alayne Katz ofIrvington, N.Y., burst into tears and slumped over the leg of herbrother, Steven, shaking and sobbing. Boys don't touch boys here.' Turn on desktop notifications for breaking stories about interest? I, 1889. Bierenbaum called her therapist and others on that day asking if they had seen her. WebMD does not provide medical advice, diagnosis or treatment. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. 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. 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. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. In 1984 Katz told her about a time in 1983 when Bierenbaum noticed her smoking a cigarette on the terrace of their apartment, became violent and began choking her. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). Consistently absent from any of his accounts of his activities on Sunday, July 7, 1985 was the fact that he rented an airplane in New Jersey that afternoon and went flying. Dalsass asked Bierenbaum to narrate specifically and exactly how he spent the weekend that Katz disappeared. He did not find anything. 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. While they have . . 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. Segalas testified that Katz told him she was in a very unhappy marriage, that she was afraid of her husband and that he had tried to strangle her once. 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). Claim your profile (701) 780-5260 . 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. His wife had decided to leave medicine and begin law school about 200 miles away in Grand Forks, N.D., where she moved, creating a hectic commuter marriage. I, 6. 2005 - 2023 WebMD LLC. All rights reserved. 5. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. Surgery, Internal Medicine. 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. 2005 - 2023 WebMD LLC. O'Malley asked if he had ever choked his wife to the point of unconsciousness, and Bierenbaum said that he didn't want to speak about that. If a state court decision rests on a state law ground that is independent of the federal question and adequate to support the judgment, Coleman v. Thompson, 501 U.S. 722, 729 (1991), we will not review the issue. Kasenbaum saw Katz on the day before she disappeared. 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. Bierenbaum suggests now that a jury could have concluded that if he killed his wife on July 7, 1985, he might have done so in New Jersey and not in New York. The passage quoted above demonstrates that the Appellate Division found particularized guarantees of trustworthiness in the challenged statements. The location you tried did not return a result. Law 470.05[2]. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. After the verdict,Snyder ordered him jailed to await sentencing. vol. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. 8. The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. ''The conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. They later moved to. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. Investigators with the Manhattan district attorney's office arrested him in Minot, and gave him 48 hours to return to New York and surrender. 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. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. 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. And as always, patient privacy and confidentiality remain of the utmost importance. Pro. The RHIO icon appearing in a provider's directory listing indicates the provider The decision not to call a particular witness is typically a question of trial strategy. Greiner v. Wells, 417 F.3d 305, 323 (2d Cir.2005) (quoting United States v. Luciano, 158 F.3d 655, 660 (2d Cir.1998) (per curiam)). For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. The next morning he went to work, and that evening reported Katz missing. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. vol. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 2006. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. Assistant District Attorney Daniel Bibb said in his summationthat Bierenbaum told proactive and reactive lies, dependingon whether he was speaking before or after someone asked aboutKatz-Bierenbaum. 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. He received his. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Though Katz's body has never been found, Bierenbaum was found guilty of . The police searched for Katz between her apartment and Central Park and found no trace of her. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. In a state that averages two people per square mile, it is more important to embrace newcomers than to fuss with details about the past. 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. 2023 Rochester Health, Currently accepting new patients at this location. On appeal to the Appellate Division, First Department, Bierenbaum presented, among other questions, the following: Whether Dr. Bierenbaum was denied a fair trial by the improper admission of widespread testimony recounting statements purportedly made by Ms. Bierenbaum, which did not satisfy any hearsay exception or the confrontation clause of the state and federal constitutions ? Similarly, in his letter seeking leave to appeal to the New York Court of Appeals, he argued that leave should be granted to review the admissibility of background evidence through hearsay declarations, whether in domestic violence cases or otherwise, and to consider whether admission of such evidence denies a defendant his state and federal rights of confrontation.. Dalsass had numerous telephone calls from members of Katz's family during that same time period. Prior to trial Bierenbaum's attorney moved to dismiss the indictment, contending that the evidence presented to the grand jury failed to prove that New York had jurisdiction to prosecute him for the murder, because assuming that Katz was dead, there was no evidence that her death occurred in New York. The trial court gave a limiting instruction to that effect after each witness's testimony and at the close of trial, and admonished the jury that they were not to take this testimony as proof that Bierenbaum had acted in accordance with the statements, or as evidence of propensity. Dr. Robert Biernbaum is a Emergency Medicine Physician in Victor, NY. In Whorton v. Bockting, 549 U.S. 406, 421 (2007), the Supreme Court held that Crawford announced a new rule that would not apply retroactively on collateral review. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. During their second conversation, Bierenbaum told O'Malley that he had been mistaken and that the doorman thought it was another day that he had seen Katz. At the close of the prosecution's case, defense counsel move[d] for a trial order of dismissal of the single count of the indictment because the People failed to establish every element of the crime charged[,] and this case particularly in its circumstantial nature is insufficient to go forward for a jury resolution. Trial Tr. Bierenbaum's counsel explained that he was concerned that a contemporaneous objection would have prompted the trial court to sum up in favor of the prosecution, in other words, to highlight for the jury the argument that counsel found objectionable. Dr. Leigh McCullough, Katz's employer in the fall of 1983, noticed bruises on Katz's neck one day. The state court's conclusion was a reasonable application of Strickland. This was the same year that a partial female body washed ashore in Staten Island, New York. Moreover, a federal court must apply the clearly established Supreme Court jurisprudence as of either the date of the pertinent state court adjudicat[ion] on the merits, or the date when the state court conviction became final. Mungo v. Duncan, 393 F.3d 327, 333-34 (2d Cir.2004). Your recollection controls. One of the main reasons is because the defendant wouldn't let them search the apartment. School of Medicine - Loma Linda University. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. 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. Bierenbaum was sentenced on November 29, 2000. vol. Stay up-to-date with how the law affects your life. No one in the group would admit to shock when learning of the doctor's past, though the word ''surprise'' brought forth some thoughtful ''mmm-hmms.'' Robert "Rob" Biernbaum, D.O. Bierenbaum, 44, clasped his hands in front of him and loweredhis head when the verdict was read by the jury forewoman inManhattan State Supreme Court.

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