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. Failure to object to summation remarks. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. Your recollection controls. 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. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. Healthcare DirectoryRobert M. Biernbaum DO - Rochester Health But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. 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. The story of Dr. Robert Bierenbaum, a plastic surgeon who practiced in Grand Forks and Minot and later was convicted for the murder of his wife in their Manhattan apartment, will air in a two-hour . Bierenbaum gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. The defense, knowing that the alternate scenarios for Gail Katz's death had little in the way of factual support, apparently chose to cast all of the scenarios-the prosecution's included-as merely theories, which could not be proven beyond a reasonable doubt. 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. United States v. Langella, 776 F.2d 1078, 1083 (2d Cir.1985) (citing Lovasco, 431 U.S. at 790); accord United States v. Cornielle, 171 F.3d 748 (2d Cir.1999). See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). . Please verify insurance information directly with your doctor's office as it may change frequently. Under the circumstances, it was reasonable for defense counsel not to call Alvarez. vol. 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. Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. Im very relieved, said Alayne Katz. University Of New England College Of Osteopathic Medicine. 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. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. Katz told him that she was going to move in with her friend Ellen Schwartz in Connecticut. 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. 2254 in the United States District Court for the Southern District of New York. Bierenbaum claims that his counsel was ineffective because his motions did not specify that he was challenging the element of intent to kill, and that therefore he could not seek review of this claim on direct appeal. I believe the representation given to Appellant by his trial counsel left a lot to be desired, though, for the reasons stated in Judge Sessions's opinion, it does not ultimately amount to constitutionally inadequate representation. Grand Forks, ND 58201 . The RHIO icon appearing in a provider's directory listing indicates the provider 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. For more information, 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. Defense counsel could reasonably have concluded that it made no sense to request a territorial jurisdiction instruction-unsupported by any evidence-that contradicted the defense's theory of the case, that Katz left the apartment alive and was alive that afternoon on the streets of Manhattan. Dr. Leigh McCullough, Katz's employer in the fall of 1983, noticed bruises on Katz's neck one day. Ex-surgeon confesses throwing wife's body from airplane in 1985 The police searched for Katz between her apartment and Central Park and found no trace of her. Under 2254(d)(1), a state-court decision is contrary to clearly established Supreme Court precedent if its conclusion on a question of law is opposite to that of the Supreme Court or if the state court decides a case differently than the Supreme Court's decision on a set of materially indistinguishable facts. Id. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. See United States v. Lovasco, 431 U.S. 783, 789 (1977). Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. Dr. Robert Bierenbaum . 2. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. ABC's '20/20' program to explore story of former Grand Forks surgeon Chokes her much harder than when he had only strangled her to unconsciousness. A petitioner has fairly presented his claim only if he has informed the state court of both the factual and the legal premises of the claim he asserts in federal court. Jones v. Keane, 329 F.3d 290, 294-95 (2d Cir.2003) (internal quotation marks omitted) (quoting Dorsey v. Kelly, 112 F.3d 50, 52 (2d Cir.1997)). Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. 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. Deborah Prothrow-Stith, M.D. 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. These are not the acts of a suicidalperson, she said. The sufficiency of the evidence, however, is not before us. 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. He called Katz's mother to see if she had heard from Katz, and went to bed. 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. He didn't stop when he knew he was hurting her. A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. 06 Civ. 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. 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. 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. Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees. 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. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. 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). 20 by Justice Leslie Crocker Snyder. Only later would he learn what had happened. Bierenbaum argued undue pre-indictment delay to the state court in his motion to set aside the judgment. The prosecution would have argued that even if the jury believed Sherman was testifying truthfully about what she heard, her testimony was consistent with the prosecution's theory that Bierenbaum killed his wife in the course of an explosive argument. All rights reserved. In a December parole hearing, however, Bierenbaum,. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. The next morning he went to work, and that evening reported Katz missing. 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. 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. 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. Nontestimonial statements therefore do not implicate the Confrontation Clause. ''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. He does not tr[y] to defuse the situation. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. vol. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. 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. [I]n a proper case, a lengthy and unjustifiable delay in commencing the prosecution may require dismissal even though no actual prejudice to the defendant is shown. People v. Singer, 376 N.E.2d 179, 186 (N.Y.1978). View info, ratings, reviews, specialties, education history, and more. If you wanted to start a new life, free of reproach or inquiry, this remote prairie town of 35,500 might be the place. Bierenbaum lists nine errors that he contends are objectively unreasonable: (1) failing to move to dismiss the indictment due to pre-trial delay; (2) conceding that Katz died on July 7, 1985; (3) opening the door to testimony and argument that Dr. Bierenbaum and his lawyer refused to consent to a forensic search of his apartment; (4) failing to call two witnesses who allegedly would have supported his claim that Katz left the apartment on the morning of July 7; (5) failing to cross-examine effectively a witness who minimized his use of cocaine with Katz; (6) failing to object to the admission of the videotaped demonstration of the prosecution's theory of how Bierenbaum disposed of his wife's body; (7) failing to move for a trial order of dismissal on the grounds of insufficient evidence of the element of intent to kill; (8) failing to make a timely objection to improper remarks in summation; (9) failing to request a jury charge on jurisdiction. Never, Bibb told the jurors shortly before they begandeliberations, did Bierenbaum, who has a pilots license, evermention that he had spent nearly two hours flying an airplane theafternoon after his wife was last seen. Defense counsel decided not to call Alvarez. visit www.rpcn.org. The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. 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 . I join Judge Sessions's opinion fully because I believe it to be correct on the law. vol. Katz cooked steaks that night and they had a romantic candlelight dinner. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. Bierenbaum, 44, was charged Tuesday with murdering Katz, loading her body into his twin-engine plane and flying out over the Atlantic to dump her in a watery grave. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. When You Have No Body: Corpus Delicti and the Bierenbaum Case When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. I, 1881, Oct. 2, 2000. 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. Under New York law, a motion to dismiss for insufficient evidence must be specifically directed at the alleged error. People v. Gray, 652 N.E.2d 919, 921 (N.Y.1995) (internal quotation marks omitted). Bierenbaum was charged with murder in the second degree in an indictment returned December 8, 1999. 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. 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. Bierenbaum, 748 N.Y.S.2d at 583. ''We worry about today and tomorrow here, not last week.''. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. 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. Dr. Robert Biernbaum, DO, Emergency Medicine - WebMD He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. Bierenbaum, 748 N.Y.S.2d at 583-84. 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.'' In short, Minot has always been a good place to reinvent oneself or to hide. amend. ''Murderer'' is the word Ms. Katz-Bierenbaum's sister, Alayne Katz, consistently used to describe him. 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. They later moved to. While they have . His wife, Gail Katz-Bierenbaum, 29, vanished on July 7, 1985.Her body was never recovered, and the prosecutions case was basedmainly on circumstantial evidence. She also testified that they had many times discussed Katz separating from her husband. Segalas and Katz used cocaine together. 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)). 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. Please verify insurance information directly with your doctor's office as it may change frequently. He received his. Proactive and Reactive LiesDuring the trial, defense lawyer David Lewis denounced theprosecutions murder theory as guesswork since there are noeyewitnesses or physical evidence in the death of Katz-Bierenbaum.Lewis said Katz-Bierenbaum is probably dead, but he stated thatnobody knows how or why. 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! Law 470.05[2]. Local doctors here studied the demographics, and did not think a plastic surgeon would arrive until at least 2005. Who would come willingly to a place where many professionals -- particularly doctors who draw patients from the surrounding 100,000 square miles -- must fly single-engine planes to work? 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. 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. ''How odd is it that a murderer had dinner at my house, a Seder no less,'' said Harriet Epstein, originally from Queens, who briefly ran the only bagel store here and whose late husband, a wealthy and prominent doctor, befriended and worked with Dr. Bierenbaum. 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. vol. You'll find that we're more than just a clinic or a service provider. ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. 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! 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. Turn on desktop notifications for breaking stories about interest? Anthony Segalas testified at trial that he and Katz used cocaine together twice. The performance was videotaped, and the jury was shown the tapes. There was evidence that Bierenbaum regularly carried heavy duffel bags. 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. Copyright 2023, Thomson Reuters. O'Malley asked if Bierenbaum had ever hit his wife. 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. 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. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. Judge Bars Testimony of 3 Psychiatrists in Murder Case It was consistent with that theory to concede her death on July 7. Doctor of Osteopathic (DO) III, 2820, Oct. 12, 2000. 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. One of the main reasons is because the defendant wouldn't let them search the apartment. Looking back, people see sinister clues in the fact that his socks were mismatched, his airplane a mess. [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.). He is a member of the UC San Diego Health Physician Network. He is a native Rochesterian with roots in Pittsford and Victor. Former New York surgeon admits killing wife, throwing body from On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. '', Dr. Williams thinks that, regardless of whether or not Dr. Bierenbaum is guilty, he has suffered enough and should be allowed out on a work-release program to continue treating patients. He returned from New Jersey at approximately midnight. Baran testified that she never told Bierenbaumthat. During that period Caruana and Bierenbaum discussed Katz's disappearance. See Bierenbaum v. Graham, No. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. vol. Was she killed by drug dealers? 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. Katz told DeCesare that she had gone out on the terrace of their apartment to smoke a cigarette, where he confronted her and choked her. In the late 1800's, the railroad lured transients to the town's many brothels and saloons. This Court granted a certificate of appealability on September 23, 2008. This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. The Disappearance of Gail Katz Bierenbaum. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school Dalsass had numerous telephone calls from members of Katz's family during that same time period. We review de novo a district court's decision to deny a petition for a writ of habeas corpus. Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. Friends and family posted pictures of Katz in the neighborhood. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. . ANGELA ABRAHAM. The Appellate Division found the error unpreserved, and declined to review it. 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. See Davis, 547 U.S. at 824 (holding that limiting the Confrontation Clause to testimonial hearsay is clearly reflected in the text of the constitutional provision); United States v. Feliz, 467 F.3d 227, 232 (2d Cir.2006) ([A]fter Crawford and Davis, the inquiry under the Confrontation Clause is whether the statement at issue is testimonial.); accord United States v. Williams, 506 F.3d 151, 156 (2d Cir.2007). The location you tried did not return a result. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. 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. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. 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. The decision not to do so was a defensible trial strategy. Trillium Health welcomes new Chief Medical Officer None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. About three weeks after Katz disappeared, Bierenbaum began an affair with Karen Caruana, a nurse educator at Maimonides Medical Center where Bierenbaum was a surgical resident. Please try again. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. 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. Bierenbaum argues that even if it were within the range of reasonable strategic choices to concede that Katz was dead, it was not reasonable to concede that she died on the Sunday she disappeared. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Two or three months later Bierenbaum told another of Katz's friends, Maryann DeCesare, that he thought she was waitressing by a seaside community. The defense called one witness, Joel Davis. 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. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. 1. According to his affidavit, on the Sunday before Katz's parents and the police inquired about her, he relieved the doorman, Edgar Rivera, at approximately 11:30 a.m. At that time he saw Katz leave the front entrance of the building wearing shorts and a t-shirt.
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