Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. It's still wrong and you didn't face 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. 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. One of his duties was to relieve the doorman at lunchtime. Dr. Robert Bierenbaum, a former plastic surgeon from New York convicted of murdering his wife in 2000, confessed to killing her and then throwing her body out of an airplane and into the. When Alayne Katz accused him of killing her sister, thedefendant called his missing wife a tramp and said he believedshe had run off with another man. It ranks in the top 20 in the United States for both research and primary care. Bierenbaum called her therapist and others on that day asking if they had seen her. In September Dalsass finally secured permission to search Bierenbaum's apartment. Baran also noted that Katz-Bierenbaum had been apartmenthunting, had gotten a manicure and had bought birth control devicesjust before she vanished. In the 1920's, whiskey traffickers lived among the Lutheran churches and businesses. Copyright 2023, Thomson Reuters. These are not the acts of a suicidalperson, she said. 1200 S Columbia Rd, Grand Forks, ND, 58201 (701) 780-5260 OVERVIEW Dr. Bierenbaum graduated from the Albany Medical College in 1978. 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. One of the main reasons is because the defendant wouldn't let them search the apartment. The prosecution did argue in summation that Bierenbaum lied about the doorman, but the thrust of the argument was that Bierenbaum never spoke with Rivera at all in the days after Katz's disappearance.3 The Alvarez testimony, if believed, would not have countered this argument, as Alvarez did not claim that he'd mentioned his sighting of Katz to Bierenbaum, or anyone else, during this period. 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. He called Katz's mother to see if she had heard from Katz, and went to bed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. Please verify insurance information directly with your doctor's office as it may change frequently. Law 290.10[1]. 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. 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. 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. Under New York law, the prosecution must establish good cause for extended delay, but a determination made in good faith to delay prosecution for sufficient reasons will not deprive defendant of due process even though there may be some prejudice to defendant. People v. Decker, 912 N.E.2d 1041, 1042 (N.Y.2009); see N.Y. Const. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. Is this you? IV, 3009-10, Oct. 18, 2000. Certain of these witnesses also testified that Katz told them she had received a letter from Bierenbaum's therapist warning her that Bierenbaum was a danger to her, and that Katz intended to threaten Bierenbaum with disclosure of this letter. 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. Healthcare DirectoryRobert M. Biernbaum DO - Rochester Health Grand Forks, ND 58201 . 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. 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. 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. 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. In another conversation Katz told DeCesare that she and Bierenbaum had discussed the Claus von Bulow case, and that Bierenbaum had said the problem with the case was that von Bulow left evidence and that he would leave no evidence. 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. 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. 2 reviews. '' The next day, the news hit that he was in New York and under arrest for murder. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. ABC's '20/20' program to explore story of former Grand Forks surgeon The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). See Bierenbaum v. Graham, No. 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)). Please enter a valid 5-digit Zip Code. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. The RHIO icon appearing in a provider's directory listing indicates the provider . UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. ''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. 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. Contact us. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. The conviction leaves the people of Minot with a question. 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. In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. ''But he was just like, 'Anything to do to help.' ''He refused to talk to us,'' Mr. Maixner said. Surgeon Killed Wife, Dumped the Body in the Atlantic From a - Insider ''Murderer'' is the word Ms. Katz-Bierenbaum's sister, Alayne Katz, consistently used to describe him. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 2006. Albany Medical College ; Location Comments: We're glad you're checking out Trillium Health. See Williams, 529 U.S. at 413; Ramdass v. Angelone, 530 U.S. 156, 166 (2000); accord Kennaugh v. Miller, 289 F.3d 36, 45 (2d Cir.2002). As of 2002 when his claim was adjudicated on the merits, and 2003 when his conviction became final, Ohio v. Roberts governed his claim. Judge Bars Testimony of 3 Psychiatrists in Murder Case First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. They later moved to. 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. Dr. Robert Bierenbaum, Surgery | Grand Forks, ND | WebMD IV, 3212, Oct. 23, 2000. The motion was denied. It was not objectively unreasonable to do so. III, 2820, Oct. 12, 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. She should have made her appointments, she should have been where she said she would be and she could have come home but she didn't and that's why we can tell you that she is dead. 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. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. Robert "Rob" Biernbaum, D.O. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. The search was thus limited to the scope of the permission given. Petitioner-Appellant Robert Bierenbaum was convicted after a jury trial of murder in the second degree, see N.Y. [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). Dalsass had numerous telephone calls from members of Katz's family during that same time period. Feb. 25, 2008). Respondents assert in the alternative, and the district court agreed, that with one exception the statements were not admitted for their truth. 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. 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. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. 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. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. vol. 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. Katz also told Kasenbaum that she had gotten a letter from Bierenbaum's psychiatrist. Michelle Kaszuba on the investigation of Gail Katz-Bierenbaum's disappearance, and her husband's murder trial. 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. 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. 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. 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. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. 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. His arrest came nearly 15. At that time the police had not searched his apartment or car. 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. No one, other than Bierenbaum, reported seeing Katz after July 6. We need not address this argument because of our disposition of this issue under Roberts. In a December parole hearing, however, Bierenbaum,. A former plastic surgeon confessed to killing his wife and - Yahoo! Penal Law 125.25[1]. Please verify insurance information directly with your doctor's office as it may change frequently. 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. See United States v. Lovasco, 431 U.S. 783, 789 (1977). O'Malley asked if Bierenbaum had ever hit his wife. Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify 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. See Bierenbaum, 748 N.Y.S.2d at 589. See Galdamez v. Keane, 394 F.3d 68, 78 (2d Cir.2005) (reaching the merits of petitioner's confrontation clause claim where briefs and leave application, fairly construed, raised the issue). After Bierenbaum's direct appeal was concluded, he filed a motion with the trial court to set aside the judgment on the grounds that trial and appellate counsel had rendered ineffective assistance of counsel. ''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. 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. New's 2023 Best Medical School Rankings, UCLA's David Geffen School of Medicine ranks higher in its primary care and research compared to other medical schools in L.A. 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. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Failure to request charge on territorial jurisdiction. Dr. Robert Bierenbaum . Katz cooked steaks that night and they had a romantic candlelight dinner. The educational structure is rigorous, but the real draw of this school is the open and accepting atmosphere. Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees. 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. vol. Deborah Prothrow-Stith, M.D. . 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. '', 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. 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. See People v. Bierenbaum, 850 N.E.2d 674 (N.Y.2006). The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. After an eight-day trial by jury in October 2000 before the Honorable Leslie Crocker Snyder in the Supreme Court of the State of New York, County of New York, the jury returned a verdict of guilty to the charge. Robert "Rob" Biernbaum, D.O. 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). 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. 2. Former New York surgeon admits killing wife, throwing body from 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. (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. We disagree. 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. Defense counsel decided not to call Alvarez. But he chokes her much harder than he'd done when she was only having a cigarette. Cardiovascular Disease, Internal Medicine. Chokes her much harder than when he had only strangled her to unconsciousness. Medical Schools in Los Angeles: Stats, Rankings + Tuition 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.. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. 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. The prosecution argued:What does he do? Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. He is a member of the UC San Diego Health Physician Network. That involved advice of counsel. A. 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. Dr. Robert Biernbaum is a Emergency Medicine Physician in Victor, NY. Think about the defendant. Bierenbaum suggests now that a jury could have concluded that if he killed his wife on July 7, 1985, he might have done so in New Jersey and not in New York. He only stopped when she was dead We think about the intimacy of strangulation. I also believe that the evidence of guilt is very thin. The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. 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. Top Medicine Graduate Programs in the Los Angeles Area - Niche Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. Martin learned that Bierenbaum was a licensed pilot. 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. 2254 in the United States District Court for the Southern District of New York. A state law ground is only adequate to support the judgment and foreclose review of a federal claim if it is firmly established and regularly followed in the state, and application of the rule would not be exorbitant. Garvey v. Duncan, 485 F.3d 709, 713-14 (2d Cir.2007) (quoting Lee, 534 U.S. at 376). Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. Relevant factors include spontaneity, repetition, the mental state of the declarant, absence of motive to fabricate, unlikelihood of faulty recollection and the degree to which the statement was against the declarant's interest. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' 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. University of New England, College of Osteopathic Medicine, Certifications:American Osteopathic Board of Emergency Medicine. Detective O'Malley testified that in their first conversation Bierenbaum told him that a doorman named Edgar had seen Katz leave the building on July 7. 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. vol. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. 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. 2023 Rochester Health, Currently accepting new patients at this location. Gail Katz and Robert Bierenbaum were married in August 1982. Though Katz's body has never been found, Bierenbaum was found guilty of . 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. Prior to that date he had not been permitted to enter the apartment. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. 1975 Foto de prensa del Dr. Robert L. Tuttle, Facultad de Medicina de Dale Maixner, special agent with the North Dakota Bureau of Criminal Investigations, has another theory: that he was systematically building an image as a person incapable of murder. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). Dr. Robert Bierenbaum | Grand Forks, ND | Surgery | Vitals 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. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. 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] 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. 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. 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. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. He did not find anything. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette.