This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. 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. Prior to that date he had not been permitted to enter the apartment. 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. When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. 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. ''I feel grief, like someone has died,'' he said. 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. The email address cannot be subscribed. Even a neophyte could have found danger. Pressing the point on cross-examination risked alienating the jury for no particular strategic gain. Think about the defendant. Investigators with the Manhattan district attorney's office arrested him in Minot, and gave him 48 hours to return to New York and surrender. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. 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. 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. 2254(b)(1)(A). 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. 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. Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. Robert Bierenbaum (born July 22, 1955) is an American former plastic surgeon and convicted murderer. Randy Schwann, Trinity's marketing director, explained why Dr. Chollet and her husband, along with physicians from places like Walter Reed Army Medical Center and UCLA Medical Center, were recruited here. By last December, the life he had built was over. 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. Ive waited for that sound a long time.. He'd done it in the past. Bierenbaum had been out on $500,000 bail. Location Comments: We're glad you're checking out Trillium Health. 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 state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. 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. A. You watch as it literally squeeze[s] the life out of another human being. Bierenbaum faults defense counsel for failing to impeach Segalas with his prior statements, claiming that this damaged the defense theory that Katz's drug usage and risky behavior may have led to her disappearance. 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. She heard nothing more. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Again, we disagree. Failure to properly object to the admission of the videotaped demonstration. 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. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. 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 Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. But his exotic skills and civic spirit soon won over the town: he published a bagel recipe in the local newspaper, read Hebrew amid the 20-some congregants of the tiny clapboard synagogue, even flew members of the Rotary Club to Mexico in his twin-engine Comanche to give free medical care to orphans. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. 20 by Justice Leslie Crocker Snyder. She states that on the morning Katz disappeared, Katz was screaming at someone. 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. 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). 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)). 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. The police searched for Katz between her apartment and Central Park and found no trace of her. Bierenbaum argues that his trial counsel was ineffective for failing to request a jury charge to the effect that the prosecution must prove beyond a reasonable doubt that the crime occurred within the state of New York. Medical School & Residency. He described going to work Saturday morning, leaving the hospital and visiting his father, returning home around noon to go out to eat and do some shopping with his wife, including buying bras at a lingerie store and cat food at a pet supply store. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. Deborah Prothrow-Stith, M.D. 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. Dr. Sybil Baran, Katz's therapist, testified that Katz was afraid of Bierenbaum's anger. We need not address this argument because of our disposition of this issue under Roberts. Failure to request charge on territorial 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. CALABRESI, Circuit Judge, filed a concurring opinion. 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. Katz's friend Yvette Feis was in the apartment several days after Katz was reported missing, noticed that the living room rug was gone and asked about it. 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. Although there was no evidence to that effect, defense counsel did not object. Rochester RHIO. WebMD does not provide medical advice, diagnosis or treatment. He did not focus on Bierenbaum's having prevented a forensic search. Manhattan investigators were exhuming a woman's torso from a Queens cemetery and running DNA tests to determine whether it was that of his first wife, Gail Katz-Bierenbaum, who had disappeared in 1985. Wiese advised her to leave immediately. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. 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. At the close of its opinion, the Appellate Division disposed of the arguments it did not address as follows: We have examined defendant's remaining contentions and find them unavailing. Bierenbaum, 748 N.Y.S.2d at 589. 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. Robert Bierenbaum, a former plastic surgeon who was convicted of murdering his wife in 2000, finally confessed to killing her and throwing her body out of an airplane after more than three decades of maintaining his innocence. That is not disputed. 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. Penal Law 125.25[1]. One of his duties was to relieve the doorman at lunchtime. Caruana testified that Bierenbaum told her that his apartment and car had been searched and that he was clean as far as any police investigation was concerned. 2120, 2008 WL 515035 (S.D.N.Y. 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. Your recollection controls. Think about him standing over Gail Katz as she feels and he watches the life ebbing from her body. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. 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. ''We worry about today and tomorrow here, not last week.''. Think about him looking at her while he squeezes the life out of her. Former NY surgeon admits killing wife, throwing body from airplane in 1985 (NCD) (NCD) NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing . Surgery, Internal Medicine. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. Pablo Alvarez was employed at the apartment building in 1985. 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. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. (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. Respondents assert in the alternative, and the district court agreed, that with one exception the statements were not admitted for their truth. Rochester RHIO makes your information available wherever you Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. 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. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. 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. He works in Grand Forks, ND and specializes in Surgery and Internal Medicine. 06 Civ. It is possible. In September Dalsass finally secured permission to search Bierenbaum's apartment. 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. I join Judge Sessions's opinion fully because I believe it to be correct on the law. According to her affidavit, she was acutely aware of Katz, who frequently screamed at her husband and walked around noisily in high-heeled shoes. 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. 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. participates with the Rochester RHIO. To satisfy the second part of the Strickland test-prejudice-Bierenbaum must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id., 466 U.S. at 694. A trial court may issue a trial order of dismissal as to any count of an indictment on the ground that the trial evidence is not legally sufficient to establish the offense charged. N.Y.Crim. He is a member of the UC San Diego Health Physician Network. 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. He faces 25 years to life and is to be sentenced on Nov. 20. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. In 1999 Bierenbaum was indicted and charged with murder in the second degree in her death. 1200 S Columbia Rd, Grand Forks, ND, 58201 (701) 780-5260 OVERVIEW Dr. Bierenbaum graduated from the Albany Medical College in 1978. Alayne Katz testified that her sister told her about a letter she had received from Bierenbaum's psychiatrist warning her about Bierenbaum's potential for dangerousness and advising her to move out. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail Katz. 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. Dr. Leigh McCullough, Katz's employer in the fall of 1983, noticed bruises on Katz's neck one day. at 1889. Please verify insurance information directly with your doctor's office as it may change frequently. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. 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. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. Feb. 25, 2008). dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school In the four to six months before she disappeared she told her therapist that she was looking for an apartment so that she could separate from Bierenbaum. The defense called one witness, Joel Davis. There was evidence that Bierenbaum regularly carried heavy duffel bags. Members of the network collaborate on . When the prosecution gave notice during trial that it had provided copies of the videotapes to the defense, counsel stated I suspect we'll object. The trial judge responded And I suspect I'll allow it. Trial Tr. The Disappearance of Gail Katz Bierenbaum. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). 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. This limited search was conducted on September 30; nevertheless at that time Dalsass looked around the apartment to see if he could detect any evidence that a crime had been committed there. The videotapes were subsequently offered into evidence without objection. Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Katz told him that she was going to move in with her friend Ellen Schwartz in Connecticut. He lied to both officers, telling both of them that he had remained in the apartment until approximately 5:30 p.m. when he left for the party in New Jersey. His specialties include Emergency Medicine, Family Medicine. When O'Malley asked him why he waited until the evening of the following day to report Katz missing, Bierenbaum stated that he felt she would return, and when she didn't friends advised him to notify the police. 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. 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 told Karnofsky that the police had asked him if he had removed the apartment rug or had it cleaned, and that he had answered that he had not. He had blocked the police from searching their Manhattan apartment. 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. Im very relieved, said Alayne Katz. 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). Grand Forks, ND 58201 . Katz did not keep her regularly scheduled psychotherapy appointment on July 8. School of Medicine - Loma Linda University. The sufficiency of the evidence, however, is not before us. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. Bierenbaum contends that even if Alvarez's recollection was shaky, his testimony was essential to counter the prosecution's argument that Bierenbaum lied when he told Detective O'Malley that a doorman named Edgar had seen Katz leave the building. 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. Graduate School. Katz cooked steaks that night and they had a romantic candlelight dinner. 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. A state prisoner may fairly present to the state courts the constitutional nature of his claim by claim[ing] the deprivation of a particular right specifically protected by the Constitution. Daye v. Att'y Gen. of the State of N.Y., 696 F.2d 186, 193 (2d Cir.1982) (en banc). [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.). Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. 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. Is this you? ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. 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. The faculty-student ratio at . 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. 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. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. 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. That involved advice of counsel. 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. Flight Log the KeyIt was after prosecutors found Bierenbaums flight log, whichthe law requires pilots to maintain, that they suspected they couldmake a murder case against him. The prosecution called Katz's sister Alayne as a rebuttal witness. Please enter a valid 5-digit Zip Code. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. 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. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. He is a native Rochesterian with roots in Pittsford and Victor. This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. Its tuition is full-time: $38,920 (in-state) and full-time: $51,175 (out-of-state). III, 2820, Oct. 12, 2000. 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 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. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. 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 last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. 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. See Bierenbaum v. Graham, No. 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 . USC's Keck School of Medicine and UCI's Susan and Henry Samueli College of Health Sciences . 2005 - 2023 WebMD LLC. No one, other than Bierenbaum, reported seeing Katz after July 6. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks.

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