He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. 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. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. 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. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' 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. Penal Law 125.25[1], and sentenced to a term of imprisonment of twenty years to life. Location Comments: We're glad you're checking out Trillium Health. He faces 25 years to life and is to be sentenced on Nov. 20. Think about him looking at her while he squeezes the life out of her. After the verdict,Snyder ordered him jailed to await sentencing. Katz told her that she was looking for an apartment and that she was going to tell her husband that weekend that she was leaving. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. Bierenbaum said no. And as always, patient privacy and confidentiality remain of the utmost importance. On Saturday, July 6, 1985, Katz kept a follow-up appointment with her gynecologist, and made a further appointment in December. 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. Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). It was not objectively unreasonable to do so. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. Though Katz's body has never been found, Bierenbaum was found guilty of . 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). The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. Assuming that Katz's statements were admitted for the truth of the matters asserted,2 they meet the Roberts standard for admissibility. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. 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. 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. ''I feel grief, like someone has died,'' he said. 2120, 2008 WL 515035 (S.D.N.Y. Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. . The story of Dr. Robert Bierenbaum, a plastic surgeon who practiced in Grand Forks and Minot and later was convicted for the murder of his wife in their Manhattan apartment, will air in a two-hour . 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. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. Prior to that date he had not been permitted to enter the apartment. ''The conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. Chokes her much harder than when he had only strangled her to unconsciousness. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Bierenbaum had contacted O'Malley on July 10 to inquire about the progress of the investigation. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. 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. He'd done it in the past. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. He did not find anything. Denise Kasenbaum, a friend, testified that Katz had told her there were problems in the marriage, incidents of violence, that Bierenbaum was very controlling, and that she was not happy. 06 Civ. Bierenbaum argued undue pre-indictment delay to the state court in his motion to set aside the judgment. Segalas said she is the one who made the connection. No one, other than Bierenbaum, reported seeing Katz after July 6. 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. Ive waited a very,very long time for this day. During trial the evidence was uncontroverted that Bierenbaum repeatedly stated to friends, to relatives and to the police that he last saw his wife in their apartment in Manhattan. No one in the group would admit to shock when learning of the doctor's past, though the word ''surprise'' brought forth some thoughtful ''mmm-hmms.'' 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. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. I believe the representation given to Appellant by his trial counsel left a lot to be desired, though, for the reasons stated in Judge Sessions's opinion, it does not ultimately amount to constitutionally inadequate representation. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. We're a special place where you'll receive the best HIV/AIDS medical care, prevention, and support services available today from experts who are recognized worldwide for their innovative treatment therapies, research, and clinical trials expertise. In 1985 Segalas had told Detective Dalgass that he and Katz used cocaine on numerous occasions. We need not address this argument because of our disposition of this issue under Roberts. 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). Defense counsel did not move to dismiss the indictment for undue delay. In 1999 Bierenbaum was indicted and charged with murder in the second degree in her death. (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. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. June Sherman lived directly below the Bierenbaum apartment. ''Murderer'' is the word Ms. Katz-Bierenbaum's sister, Alayne Katz, consistently used to describe him. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. ''Going to other states and acting like you're innocent? [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. With bitter winters and little company, residents here have little use for moral condemnation. We review de novo a district court's decision to deny a petition for a writ of habeas corpus. At 4:30 p.m. he was already in New Jersey, flying his rented airplane. He only stopped when she was dead We think about the intimacy of strangulation. Feb. 25, 2008). A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. 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. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. Katz moved out and lived for a time with her grandfather. In discussing the evidence he also stated. 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. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. Dr. Bierenbaum graduated from the Albany Medical College in 1978. I, 6. Kasenbaum testified that Katz told her she was having an affair with a colleague at a hospital where she was interning. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. DNA tests were not available at the time, but authorities believed that the remains were Gail's after conducting x-ray exams on the corpse. The affair began while Bierenbaum was vacationing in South Hampton on Long Island during the month of August, and lasted about six weeks. A forensic examination of the aircraft yielded no results. This was the same year that a partial female body washed ashore in Staten Island, New York. The police searched for Katz between her apartment and Central Park and found no trace of her. See People v. Bierenbaum, 850 N.E.2d 674 (N.Y.2006). 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. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. 2 reviews. vol. Anthony Segalas testified at trial that he and Katz used cocaine together twice. In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . 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. 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. Bierenbaum told O'Malley that he and Katz had a mild argument Friday night which continued on Saturday, whereupon Katz told him that she was going to Central Park to cool off at about 11 a.m. Bierenbaum said that he had spent some time at the apartment waiting for Katz to return, but then left at some point to visit his family in New Jersey. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. He works in Grand Forks, ND and specializes in Surgery and Internal Medicine. Dalsass asked Bierenbaum to narrate specifically and exactly how he spent the weekend that Katz disappeared. Find Dr. Biernbaum's address and more. Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. 2254(b)(1)(A). Dr. Robert Bierenbaum had a second motive to murder his wife - she was threatening to expose him and his cardiologist father as Medicaid scammers, a witness told jurors yesterday. [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.). Pro. Upon selling their Minot condominium, Dr. Bierenbaum took to sleeping on a folding cot in the hangar beside his airplane and showering in the hospital where he still treated patients. CALABRESI, Circuit Judge, filed a concurring opinion. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. The location you tried did not return a result. Phone: (585) 754-7858,(585) 545-7200. IV, 3009-10, Oct. 18, 2000. 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. 3. It is possible. Im very relieved, said Alayne Katz. vol. 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. 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. The fact that this defendant allegedly committed a prior bad act is no proof whatsoever that he possessed a propensity or disposition to commit the crime charged in this indictment or any other crime. at 3107, Oct. 23, 2000. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. In the late 1800's, the railroad lured transients to the town's many brothels and saloons. See Bierenbaum, 748 N.Y.S.2d at 589. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. 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. 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. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. He has 26 years of experience. 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. 8. The conviction leaves the people of Minot with a question. 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. 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). I add a few words because this case troubles me. Under the circumstances, it was reasonable for defense counsel not to call Alvarez. They confronted Dr. Bierenbaum on the steps of the Trinity clinic, but he invoked his right to counsel. 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 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)). Sherman's testimony would not have undermined confidence in the jury's guilty verdict. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. Although the police wished to search for any evidence that would shed light on Katz's disappearance, the investigators felt they did not have probable cause to obtain a search warrant. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2. 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. 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. How close up you are with a person that you are choking Strangulation is up close and personal. Now, you know what his intent was.Trial Tr. ''But he was just like, 'Anything to do to help.' His anger at his wife. The application fee at University of California--Los Angeles (Geffen) is $95. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. 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. Robert "Rob" Biernbaum, D.O. Nontestimonial statements therefore do not implicate the Confrontation Clause. Bierenbaum told Dalsass that he had awakened at approximately 9:30 Sunday morning, that Katz had received a telephone call from an acquaintance that disappointed her, and that she left at about 11 a.m. after an argument, telling him that she intended to go to Central Park to get some sun. She stated that he told her this before the end of September. 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's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. They later moved to. See Feliz, 467 F.3d at 232. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. [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)). 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. 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. at 583. He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. She heard nothing more. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. Defense counsel decided not to call Alvarez. Martin learned that Bierenbaum was a licensed pilot. As of 2002 when his claim was adjudicated on the merits, and 2003 when his conviction became final, Ohio v. Roberts governed his claim. 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. For more information, Failure to object to summation remarks. 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. The faculty-student ratio at . He also devoted time to charitable . art. 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. The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. Deborah Prothrow-Stith, M.D. 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. 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. Dr. Robert Bierenbaum . WebMD does not provide medical advice, diagnosis or treatment. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. 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). Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. If you wanted to start a new life, free of reproach or inquiry, this remote prairie town of 35,500 might be the place. All rights reserved. Sherman would have testified that she believed Katz left the apartment after the door slammed. Bierenbaum called her therapist and others on that day asking if they had seen her. About The Provider. Although defense counsel mistakenly referred to the search of Bierenbaum's apartment as a forensic search, omitting the term forensic from counsel's opening statement would not have prevented the prosecution from eliciting Dalsass's testimony that a limited search of the apartment was conducted several weeks after Katz disappeared. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. Penal Law 125.25[1]. 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. Contribute to our National Missing Person Day Fundraiser Home 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. 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. 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. 2254(e)(1); see Drake v. Portuondo, 553 F .3d 230, 239 (2d Cir.2009). 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 . Contact us. Think about him standing over Gail Katz as she feels and he watches the life ebbing from her body. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Katz had an affair with Anthony Segalas, an investment banker, during the summer of 1984 and the spring of 1985. Rochester RHIO. . Only later would he learn what had happened. The Appellate Division did not explicitly address Bierenbaum's confrontation clause claim,1 and the Court of Appeals denied leave to appeal without explanation. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. O'Malley asked if Bierenbaum had ever hit his wife.

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