''. Find Dr. Biernbaum's address and more. It's still wrong and you didn't face it.'' An inspector for the Federal Aviation Administration testified that in his opinion a pilot could singlehandedly dispose of something from the plane without a great deal of difficulty. 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. The Appellate Division found the error unpreserved, and declined to review it. His specialties include Emergency Medicine, Family Medicine. ''At first it was just, 'That guy is nothing but strange,' '' said Curt Hussey, operator of the town's private flight school at Pietsch's airfield. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. Moreover, at that point in the summation, the prosecuting attorney was cataloguing what he termed Bierenbaum's lies-to Dalsass, to O'Malley, to Caruana, and several other witnesses. She also told DeCesare that she thought she was being followed. He faces 25 years to life and is to be sentenced on Nov. 20. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. He said, 'I just have a lot on my mind.' Medical School / Professional School: His anger at his wife. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. His arrest came nearly 15. Dr. Robert Biernbaum is a Emergency Medicine Physician in Victor, NY. It was consistent with that theory to concede her death on July 7. Pro. [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.). Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. Katz also told Kasenbaum that she had gotten a letter from Bierenbaum's psychiatrist. Courts have also considered the status or relationship to the declarant of the person to whom the statement was made, whether there was a coercive atmosphere, whether it was made in response to questioning and whether the statements reflect an attempt to shift blame or curry favor. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. See Bierenbaum v. New York, 540 U.S. 821 (2003). 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. Ive waited for that sound a long time.. The Appellate Division held that Bierenbaum had not effectively protested the admission of the videotapes under New York's preservation rule, which require[s], at the very least, that any matter which a party wishes the appellate court to decide have been brought to the attention of the trial court at a time and in a way that gave the latter the opportunity to remedy the problem and thereby avert reversible error. Richardson v. Greene, 497 F .3d 212, 218 (2d Cir.2007) (quoting Garcia v. Lewis, 188 F.3d 71, 78 (2d Cir.1999)); see N.Y.Crim. '', See the article in its original context from. 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. Turn on desktop notifications for breaking stories about interest? 3. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. I heard the cuffs close round hishands. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. June Sherman lived directly below the Bierenbaum apartment. See Feliz, 467 F.3d at 232. He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. 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. 06 Civ. By last December, the life he had built was over. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). 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. Feb. 25, 2008). 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. The investigation was closed in April 1987. In short, Minot has always been a good place to reinvent oneself or to hide. The email address cannot be subscribed. ''I feel grief, like someone has died,'' he said. No one, other than Bierenbaum, reported seeing Katz after July 6. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. Surgery, Internal Medicine. Dr. Sybil Baran, Katz's therapist, testified that Katz was afraid of Bierenbaum's anger. They would have to have ignored the fact that when asked about that Sunday fifteen years ago, Alvarez, like Rivera, did not recall seeing Katz leave the building. There was evidence that Bierenbaum regularly carried heavy duffel bags. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. Write a Review . Bierenbaum faults the district court for concluding that counsel's efforts to secure her testimony were diligent, and concluding that failure to present her testimony did not prejudice the defense. 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. Stay up-to-date with how the law affects your life. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. You watch as it literally squeeze[s] the life out of another human being. 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. Look for the RHIO icon for authorized RHIO participants. 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. About Robert Bierenbaum . 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. 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 things you loved about AIDS Care have not changed as a result of our name change. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. 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. 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. Bierenbaum faults his trial counsel for failing to object when the prosecution argued in summation that Bierenbaum allowed an argument to get explosive and choked Katz as he had done before, only this time to her death.4 He argues that the statements invited the jury to consider the 1983 choking incident as evidence of propensity, and that there was no evidence that Katz died by strangulation or that Bierenbaum stood over her as she died. 2005 - 2023 WebMD LLC. Wiese advised her to leave immediately. 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. 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. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. 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. 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. Dr. Robert Bierenbaum . Doctor of Osteopathic (DO) 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.. A few days before she disappeared, Katz told DeCesare that she had met someone in whom she was interested, and she wondered if DeCesare thought it would be all right if she brought him up to the apartment when Bierenbaum wasn't there. Please try again. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. Instead the People were allowed to offer such evidence or introduce such evidence solely as probative of or relevant to or to demonstrate defendant[']s intent[-]as they claim[-]to murder Gail Katz Bierenbaum as probative of his identity as the person they claim committed the murder and when they summed up to you and made their arguments, I allowed those arguments on those points. Failure to request charge on territorial jurisdiction. ''We worry about today and tomorrow here, not last week.''. It is possible. In the hangar where Dr. Bierenbaum's Comanche still sits, Val Friesen was on his back with a wrench and a rag, repairing an airplane wing. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. He testified that Katz discussed with him her wish to leave her husband, their constant fights and arguments, and one argument during which Bierenbaum put his hands to her neck. 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. If you are not eligible for any of these plans, we will help you identify other healthcare access options to meet your needs. 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. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. Had the defense gotten Segalas to admit that he and Katz used cocaine on several occasions, the defense suggestion that she may have been killed by drug dealers would still have been plagued by lack of evidence, as the state court noted. vol. 5. [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). Grand Forks, ND 58201 . I join Judge Sessions's opinion fully because I believe it to be correct on the law. This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. He has 26 years of experience. Assuming that Katz's statements were admitted for the truth of the matters asserted,2 they meet the Roberts standard for admissibility. It follows that the state court's rejection of Bierenbaum's ineffective assistance of counsel claim was not an unreasonable application of the Strickland standard. I also believe that the evidence of guilt is very thin. 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. Anthony Segalas testified at trial that he and Katz used cocaine together twice. ''Helpful'' is the word most people use here to describe Dr. Bierenbaum, a man who fixed his colleagues' computers and brought his neighbors chicken soup. Bierenbaum had been out on $500,000 bail. 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. University Of New England College Of Osteopathic Medicine. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). The location you tried did not return a result. Failure to object to summation remarks. He knew in July of 1985, what it would take to kill her. WebMD does not provide medical advice, diagnosis or treatment. Contact us. 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. 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. 1200 S Columbia Rd, Grand Forks, ND, 58201. 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. In September Dalsass finally secured permission to search Bierenbaum's apartment. We disagree. Bierenbaum called her therapist and others on that day asking if they had seen her. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. IV, 3212, Oct. 23, 2000. 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. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. 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. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. Even Dr. Chollet's brother, also a physician, had earlier been recruited to work there. 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. He didn't stop when he knew he was hurting her. Contribute to our National Missing Person Day Fundraiser Home In his opening statement counsel told the jury You will also learn that the police conducted a forensic examination of the doctor's apartment, the doctor's car, his friend's car that he borrowed some time that weekend, the airplane and found no evidence of blood or any other biological determinations because this case also turns on the lack of evidence. Id. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. 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. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . Robert Bierenbaum married his second wife, Dr. Janet Chollet, after moving to Las Vegas, Nevada, and the couple had a child together, according to The Charley Project. 06 Civ. Its tuition is full-time: $38,920 (in-state) and full-time: $51,175 (out-of-state). 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. Rather, the tape's contents clearly demonstrate the feasibility of the People's theory of this case, a theory which all of the circumstantial proof together overwhelmingly shows. Bierenbaum, 748 N.Y.S.2d at 589 (dictum). vol. at 583. 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. (This case turns on the lack of evidence.) In order to put the absence of physical evidence in context, the prosecution would have been permitted to inform the jury that the police were constrained to a limited search of the apartment several weeks after the disappearance. He had blocked the police from searching their Manhattan apartment. it is a first professional graduate degree awarded upon graduation from medical school. 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. In discussing the evidence he also stated. Cardiovascular Disease, Internal Medicine. vol. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. He is a native Rochesterian with roots in Pittsford and Victor. For more information, go to 4. [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)). All rights reserved. The Appellate Division did not explicitly address Bierenbaum's confrontation clause claim,1 and the Court of Appeals denied leave to appeal without explanation. He called Katz's mother to see if she had heard from Katz, and went to bed. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 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 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. 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. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. He works in Grand Forks, ND and specializes in Surgery and. Bierenbaum gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. They later moved to. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. 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. The prosecution successfully argued that counsel had opened the door to allow testimony from Detective Dalsass that Bierenbaum's attorney had prevented the police from conducting a warrantless forensic search of the apartment. Only later would he learn what had happened. It is not the first time an innocent drug buyer gets killed in the course of a drug deal It was a different city then, a dangerous place, Gail Katz Bierenbaum may very well have found by virtue of some of her own behavior danger. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. The rule applies with equal force whether the state-law ground is substantive or procedural. Lee v. Kemna, 534 U.S. 362, 375 (2002). Kasenbaum saw Katz on the day before she disappeared. 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. art. A New Life Re-examined; After Murder Verdict, Town Questions Doctor, https://www.nytimes.com/2000/10/30/nyregion/a-new-life-re-examined-after-murder-verdict-town-questions-doctor.html.
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