All this means that the decision of the district court is properly affirmed. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. The strategy was a reasonable one, given that the trial court would have provided a limiting instruction along the lines of the one given in the charge. 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. Image Credit: Stephanie Youngblood/ ABC News 20/20. Francesca Beale, a former employer, testified that in a telephone conversation in 1983, Katz said that her husband had a terrible temper, that she was afraid of him. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. And as always, patient privacy and confidentiality remain of the utmost importance. The next morning he went to work, and that evening reported Katz missing. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. Bierenbaum repeated that he had remained in the apartment all day until 5:30 p.m., when he left for the family party in New Jersey, arriving there at approximately 6:30 p.m. Sherman's testimony would not have undermined confidence in the jury's guilty verdict. Las mejores ofertas para 1972 Foto de prensa del Dr. Harold Lief y el Dr. Robert Heat en la Escuela de Medicina de Tulane estn en eBay Compara precios y caractersticas de productos nuevos y usados Muchos artculos con envo gratis! Of course, there is another explanation for what drew Dr. Bierenbaum here: the changes in medicine that have allowed the Trinity Health Center, where he worked, to become a regional hub. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school Robert Bierenbaum - Wikipedia Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. Davis had been in a bagel shop in Manhattan on Second Avenue in the 80's on the afternoon of July 7, 1985, and he noticed an attractive woman wearing a distinctive t-shirt with a non-English word on it. Katz cooked steaks that night and they had a romantic candlelight dinner. 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. Claim your profile (701) 780-5260 . He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. Failure to request charge on territorial jurisdiction. amend. She also testified that they had many times discussed Katz separating from her husband. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. 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. Trial counsel conceded in his opening statement that Katz died on July 7, 1985: [L]et's talk about some things that are not at issue here. USC's Keck School of Medicine and UCI's Susan and Henry Samueli College of Health Sciences . 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. Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. Although on this record the Appellate Division could have found a claim of lack of intent to kill unpreserved, it addressed the legal sufficiency of both elements of second degree murder: The People proved beyond a reasonable doubt that this defendant had the opportunity, the motive, and the intent to kill his victim, and that it was he who did so. Bierenbaum, 748 N.Y. S.2d at 579. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. His specialties include Emergency Medicine, Family Medicine. Again, we disagree. Bierenbaum told O'Malley that the marriage was in bad shape and that both of them were in therapy to attempt to improve their relationship. The Appellate Division concluded that the trial court's cautionary instructions about the prior assault evidence were legally satisfactory and adequately protected Bierenbaum's right to a fair trial. Throughout Bierenbaum's trial and the direct appeal of his conviction, the admission of statements by a declarant not present at trial was governed by Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford v. Washington, 541 U.S. 36 (2004)). His anger at his wife. 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. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. 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.. Edgar Rivera told the police that he did not remember seeing Katz on July 7. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' 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. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. 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. Look for the RHIO icon for authorized RHIO participants. Now, you know what his intent was.Trial Tr. On Saturday, July 6, 1985, Katz kept a follow-up appointment with her gynecologist, and made a further appointment in December. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. 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. While they have . Grand Forks, ND 58201 . The Confrontation Clause of the Sixth Amendment to the United States Constitution states: in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. U.S. Const. 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. 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. The state court weighed the five Taranovich factors and concluded that if defense counsel had moved to dismiss the indictment, the motion would unquestionably have been denied. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. Rochester, NY - Trillium Health, a community health center with an emphasis on affordable health care and located in downtown Rochester, announced the appointment of Robert "Rob" Biernbaum, D.O. Medical School / Professional School: How well do you ever know anybody? 06 Civ. Bierenbaum said he would get back to him, but did not. Had defense counsel moved to dismiss the indictment, the motion would not have been granted, and therefore there was no reasonable probability that the outcome-proceeding to trial-would have been different. See United States v. Lovasco, 431 U.S. 783, 789 (1977). The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. 2120, 2008 WL 515035 (S.D .N.Y. ''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. Trial Tr. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. 3. art. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Former New York surgeon admits killing wife, throwing body from But Dr. Bierenbaum had a strong record, excellent training and appeared to have an unblemished past, Mr. Schwann recalled, until New York City investigators, accompanied by Mr. Maixner, arrived in November 1998 to look into some issues. 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. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. Three times Rowley loaded a bag containing one hundred ten pounds of sand and rice into the plane, flew out over the ocean, and ejected the bag, each time performing a different maneuver to get the bag out of the plane. University of New England College of Osteopathic Medicine. 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. They found nothing, I've been cleared, and in the time frame we're talking about it's clear that he's telling Karen Caruana that the cops have cleared him before they've even been inside his apartment Cops hadn't searched anything yet. ABC's '20/20' program to explore story of former Grand Forks surgeon The United States Supreme Court decisions in Crawford and Davis v. Washington, 547 U.S. 813 (2006), confined the scope of the Confrontation Clause to testimonial statements. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. When the trial court's attention was drawn to this error, it refused to order a mistrial, but offered an instruction, admonishing the jury that it could draw no negative inference from an individual's acting on advice of counsel. Segalas said she is the one who made the connection. Under Roberts, the statements of an unavailable hearsay declarant were admissible only if [they bore] adequate indicia of reliability, which could be satisfied by demonstrating that the evidence fell within a firmly rooted hearsay exception, or that the evidence had particularized guarantees of trustworthiness. 448 U.S. at 66. See Bierenbaum v. Graham, No. A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. Other Emergency Medicine Physicians Nearby, Emergency Medicine Physicians Nearby by Procedures, Emergency Medicine Physicians Nearby by Conditions, Fractures, Dislocations, Derangement, and Sprains, Psychological and Neuropsychological Tests, Excellus BCBS CNY Preferred Gold - Tier 1, BCBS MI Blue Care Network PCP Focus Network HMO, Capital District Physicians Health Plan PPO, Empire BCBS Blue Access Employer Sponsored, Empire BCBS Connection Employer-Sponsored, Excellus BCBS Individual Marketplace NYS QHP, MVP Health Plan Premier / Premier Plus - NY, NYS Provider & Health Excellus Blue Cross Blue Shield Essential Plan. Sherman heard the noise of the high-heeled shoes, then she heard the door slam, and both the shouting and the sound of high heels on the floor stopped. 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. Bierenbaum gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. 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 Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). Pablo Alvarez was employed at the apartment building in 1985. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail Katz. This was the same year that a partial female body washed ashore in Staten Island, New York. Hirsch also stated that a body could be disarticulated at the joints, a simple process that someone trained in anatomy could accomplish in ten minutes. Penal Law 125.25[1], and sentenced to a term of imprisonment of twenty years to life. Former New York surgeon admits killing wife, throwing body from Did Dr. Robert Bierenbaum Kill His Wife Gail Katz? 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. This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. The trial court permitted this testimony as background evidence of the state of the marriage and Katz's state of mind, and Bierenbaum's motive, intent and identity. The educational structure is rigorous, but the real draw of this school is the open and accepting atmosphere. 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. 6. 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. 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. Denise Kasenbaum, a friend, testified that Katz had told her there were problems in the marriage, incidents of violence, that Bierenbaum was very controlling, and that she was not happy. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. Over the years between Katz's disappearance and his trial for her murder, Bierenbaum offered various accounts of his activities and various theories concerning her whereabouts. Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. Sherman would have testified that she believed Katz left the apartment after the door slammed. By last December, the life he had built was over. The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. 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. The investigation was closed in April 1987. He knew in July of 1985, what it would take to kill her. Ive waited for that sound a long time.. 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. Janet and the baby are fine. He recalled that when David Berkowitz (later known as Son of Sam) spent time at the Minot military base, animals in the area turned up mutilated. I, 6. The location you tried did not return a result. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. He told O'Malley that Katz was depressed and suicidal. The three psychiatrists, who treated Dr. Bierenbaum briefly in 1983, when he and his wife lived on the Upper East Side, warned his wife at the time that she was in danger. 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. [T]o qualify as an adjudication on the merits, a state court decision need not mention a particular argument or explain the reasons for rejecting it. Dallio v. Spitzer, 343 F.3d 553, 560 (2d Cir.2003); see also Brown v. Artuz, 283 F.3d 492, 498 (2d Cir.2004) (finding that Sixth Amendment claim was adjudicated on the merits when state court dismissed it by stating defendant's remaining contentions are without merit.). 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. He told the detective assigned to investigate the case that he had last seen his wife on July 7 at approximately 11 a.m., and that she had left the apartment to get some sun in Central Park. 9. 4. A forensic examination of the aircraft yielded no results. 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. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. Medical Schools in Los Angeles: Stats, Rankings + Tuition 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. 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. View info, ratings, reviews, specialties, education history, and more. Doctor of Osteopathic (DO) In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. Id., 744 N.E.2d at 131 (citations, internal quotation marks and ellipses omitted). He works in Grand Forks, ND and specializes in Surgery and. The evidence at trial was set forth in detail in the district court's February 25, 2008 opinion, and we recount below only the evidence necessary to resolve the issues presented on appeal. The police searched for Katz between her apartment and Central Park and found no trace of her. ''He refused to talk to us,'' Mr. Maixner said. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. Respondents assert in the alternative, and the district court agreed, that with one exception the statements were not admitted for their truth. 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. ''I feel grief, like someone has died,'' he said. '', See the article in its original context from. Trillium Health welcomes new Chief Medical Officer We review de novo a district court's decision to deny a petition for a writ of habeas corpus. vol. Pro. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. The torso had washed up in Staten Island four years after her disappearance, and the limbs appeared to have been severed, perhaps by a skillful surgeon. Defense counsel did not object to the instruction or request a stronger one. In their last telephone conversation, Katz told DeCesare that she planned to ask Bierenbaum for a divorce, and that she had secretly borrowed $10,000.00 and put it in a safe deposit box to pay for a year of graduate school. 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)). 2. ''We worry about today and tomorrow here, not last week.''. MEDICAID SCAM WAS 2ND MOTIVE: WITNESS - New York Post To prevail on such a claim under federal law, Bierenbaum must prove that the delay resulted in actual prejudice and that the prosecution's reasons for the delay were improper. You'll find that we're more than just a clinic or a service provider. 1. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. ''Going to other states and acting like you're innocent? Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . Charles Drew College of Medicine | Medical Education With your consent, your healthcare Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. 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.. [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)). 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. There was evidence that Bierenbaum regularly carried heavy duffel bags. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. as the organization's new Chief Medical Officer.. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. 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.''