This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 28 U.S.C. We therefore conclude that the state courts were fairly alerted to the constitutional claim, Bierenbaum has exhausted his available state remedies with respect to the claim, and we may reach the merits of the claim. To show ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), Bierenbaum must (1) demonstrate that his counsel's performance fell below an objective standard of reasonableness and (2) affirmatively prove prejudice arising from counsel's allegedly deficient representation. Brown v. Greene, 577 F.3d 107, 110 (2d Cir.2009) (quoting Carrion v. Smith, 549 F.3d 583, 588 (2d Cir.2008)). I, 1889. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. IV, 3194, 3227-28. 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. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. Graduate School. Counsel accepted the offer and the trial judge instructed the jury: Let me also state that the defendant had no legal obligation to allow the police to search his apartment at any point, but-and certain evidence came out concerning a search of his apartment. He has 26 years of experience. Close to midnight that evening Bierenbaum telephoned Dr. Yvette Feis, one of Katz's friends, asking if she knew where Katz was. 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. School of Medicine - Loma Linda University. '', 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. As Dr. Bierenbaum's social efforts overcame the reserve of his new neighbors, his old neighbors were busy digging up his past. 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). Before long, Dr. Bierenbaum, a plastic surgeon, and his wife, Dr. Janet Chollet, an obstetrician-gynecologist, had settled in to medical practices, pitched in on community projects, had a home, a dog and a baby on the way. DeCesare testified that Katz told her that Bierenbaum had threatened to kill her if she left him. She states that on the morning Katz disappeared, Katz was screaming at someone. 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. He also devoted time to charitable . 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. No one, other than Bierenbaum, reported seeing Katz after July 6. Failure to request charge on territorial jurisdiction. 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. 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. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. It was consistent with that theory to concede her death on July 7. 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. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. On October 17, 1986 she learned that Bierenbaum had rented an airplane from Mac Dan Aircraft Rental at Caldwell Airport in Fairfield, New Jersey on July 7, 1985, the day Katz disappeared. Directly following this argument he alluded to the films Panic in Needle Park, and Looking for Mr. Goodbar, and suggested, in a similar vein, that these movies did not prove that Katz's drug use and risky behavior were connected to her death. They found nothing, I've been cleared, and in the time frame we're talking about it's clear that he's telling Karen Caruana that the cops have cleared him before they've even been inside his apartment Cops hadn't searched anything yet. We affirm. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. Trial Tr. III, 2820, Oct. 12, 2000. 5. 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. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail Katz. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. vol. Grand Forks, ND 58201 . 2023 Rochester Health, Currently accepting new patients at this location. Under the circumstances, it was reasonable for defense counsel not to call Alvarez. The performance was videotaped, and the jury was shown the tapes. 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. Dalsass contacted several individuals whose names he had obtained from Bierenbaum or Katz's family who might have information about Katz. 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 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. About The Provider. Segalas and Katz used cocaine together. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 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. 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 conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. All rights reserved. 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. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. Failure to properly object to the admission of the videotaped demonstration. We're a community of medical and social service professionals who meet patients and clients in a healing and affirming environment where they can feel supported, cared for, and cared about. 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. Although Bierenbaum did not express any concern about his wife at the party, later that evening at a friend's house he appeared distraught and called the apartment a couple of times. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. 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. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. Gail Katz and Robert Bierenbaum were married in August 1982. According to her affidavit, she was acutely aware of Katz, who frequently screamed at her husband and walked around noisily in high-heeled shoes. Over defense objection eleven witnesses-friends, relatives, colleagues and Katz's therapist-were permitted to testify about conversations they had with Katz between 1983 and 1985 in which she talked about the state of her marriage, her fear of Bierenbaum's temper, his controlling behavior, his threats, and an argument in 1983 during which he choked her to the point of unconsciousness. For more information, go to On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school 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). With bitter winters and little company, residents here have little use for moral condemnation. This Court granted a certificate of appealability on September 23, 2008. He stated that he nevertheless attempted to look for any evidence that a crime had been committed in the apartment, that he discovered no such evidence, but that he had not conducted a detailed forensic search. 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). Loma Linda University . In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . 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. If you wanted to start a new life, free of reproach or inquiry, this remote prairie town of 35,500 might be the place. Think about him standing over Gail Katz as she feels and he watches the life ebbing from her body. . Bierenbaum argued undue pre-indictment delay to the state court in his motion to set aside the judgment. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. 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 . 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). 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. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. Robert "Rob" Biernbaum, D.O. 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. He had blocked the police from searching their Manhattan apartment. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. See United States v. Lovasco, 431 U.S. 783, 789 (1977). During their second conversation, Bierenbaum told O'Malley that he had been mistaken and that the doorman thought it was another day that he had seen Katz. The passage quoted above demonstrates that the Appellate Division found particularized guarantees of trustworthiness in the challenged statements. 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. ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. February 22, 2008. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. Members of the network collaborate on . 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 state court's conclusion was a reasonable application of Strickland. 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 investigation was closed in April 1987. In summation, counsel attacked the prosecution's use of the videotapes that showed how a body could have been loaded into an airplane and dropped into the sea, asserting that the videotapes did not supply proof of what happened to Katz. Had the defense called Alvarez, and had he testified in accordance with his affidavit, the jury would have been presented with the testimony of the relief doorman, who remembered not only the departure of a particular tenant, but what she was wearing on an unremarkable Sunday fifteen years before the trial. Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. He described her to the jury as deeply tanned, about five foot one, with a well-developed body. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. 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. He does not tr[y] to defuse the situation. Katz moved out and lived for a time with her grandfather. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. Phone: (585) 754-7858,(585) 545-7200. If the jury concluded beyond a reasonable doubt that Bierenbaum committed the murder, the jurors would not have harbored a reasonable doubt that it occurred in the apartment. . Katz cooked steaks that night and they had a romantic candlelight dinner. But his life in Minot was already fraying. Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. 2120, 2008 WL 515035 (S.D .N.Y. 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. 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. Now, you know what his intent was.Trial Tr. 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. 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. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. Bierenbaum was sentenced on November 29, 2000. As of 2002 when his claim was adjudicated on the merits, and 2003 when his conviction became final, Ohio v. Roberts governed his claim. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. Bierenbaum said no. There was evidence that Bierenbaum regularly carried heavy duffel bags. 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. Sherman would have testified that she believed Katz left the apartment after the door slammed. 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. Pro. It's still wrong and you didn't face it.'' The petition was denied on March 9, 2006. Today, local rumor has it, the federal witness protection program relocates people here. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. And as always, patient privacy and confidentiality remain of the utmost importance. 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. Bierenbaum stated that he had come home from work at approximately 5 p.m. on Friday evening, that they went to a movie about 8 p.m. and returned about midnight. Looking back, people see sinister clues in the fact that his socks were mismatched, his airplane a mess. ''Ten years ago we were a hospital, and now we're a health system,'' Schwann said, with 80 physicians, 7 community clinics and eye-care and mental-health programs. CALABRESI, Circuit Judge, filed a concurring opinion. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center.