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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. See United States v. Lovasco, 431 U.S. 783, 789 (1977). That evening Bierenbaum filed a missing persons report indicating that when Katz was last seen she was wearing pink shorts and a white t-shirt. The motion was denied. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. In the late 1800's, the railroad lured transients to the town's many brothels and saloons. Dr. Robert Biernbaum is a Emergency Medicine Physician in Victor, NY. 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. 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. 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. As a subscriber, you have 10 gift articles to give each month. 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. Katz moved out and lived for a time with her grandfather. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. Albany Medical College ; 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. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. You watch as it literally squeeze[s] the life out of another human being. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. How close up you are with a person that you are choking Strangulation is up close and personal. More recently she talked of moving in with a girlfriend in Connecticut. 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. Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees. He has 45 years of experience. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. 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. A forensic examination of the aircraft yielded no results. CALABRESI, Circuit Judge, filed a concurring opinion. Id., 744 N.E.2d at 131 (citations, internal quotation marks and ellipses omitted). 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. 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 completed his Residency in Emergency Medicine from Genesys Regional Medical Center. See Bierenbaum v. New York, 540 U.S. 821 (2003). All rights reserved. Prior to that date he had not been permitted to enter the apartment. To the owner of Bierenbaum's vacation rental property in South Hampton, he speculated that Katz had a drug problem and that she had disappeared with drug dealers. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . In discussing the evidence he also stated. VI. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. It was consistent with that theory to concede her death on July 7. The search was thus limited to the scope of the permission given. 2254(e)(1); see Drake v. Portuondo, 553 F .3d 230, 239 (2d Cir.2009). 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. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. He didn't stop when he knew he was hurting her. 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. Find Dr. Biernbaum's address and more. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. ''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. Cardiovascular Disease, Internal Medicine. Image Credit: Stephanie Youngblood/ ABC News 20/20. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. ''Helpful'' is the word most people use here to describe Dr. Bierenbaum, a man who fixed his colleagues' computers and brought his neighbors chicken soup. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. Do Not Sell or Share My Personal Information. ''We worry about today and tomorrow here, not last week.''. Two or three months later Bierenbaum told another of Katz's friends, Maryann DeCesare, that he thought she was waitressing by a seaside community. Other Emergency Medicine Physicians Nearby, Emergency Medicine Physicians Nearby by Procedures, Emergency Medicine Physicians Nearby by Conditions, Fractures, Dislocations, Derangement, and Sprains, Psychological and Neuropsychological Tests, Excellus BCBS CNY Preferred Gold - Tier 1, BCBS MI Blue Care Network PCP Focus Network HMO, Capital District Physicians Health Plan PPO, Empire BCBS Blue Access Employer Sponsored, Empire BCBS Connection Employer-Sponsored, Excellus BCBS Individual Marketplace NYS QHP, MVP Health Plan Premier / Premier Plus - NY, NYS Provider & Health Excellus Blue Cross Blue Shield Essential Plan. The petition was denied on March 9, 2006. Late in 1984 or early 1985 Katz told her that she had received a letter from Bierenbaum's psychiatrist warning her that Bierenbaum posed a danger to her, and suggesting that Katz separate from him. See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). 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. 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. As of 2002 when his claim was adjudicated on the merits, and 2003 when his conviction became final, Ohio v. Roberts governed his claim. In July, early in the investigation, Dalsass asked Bierenbaum if he could look around the apartment. 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. 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. He'd done it in the past. Depending on your income and household size, we can help you qualify for Child Health Plus, Family Health Plus, Medicaid, Healthy New York, EPIC, or the RPCN Community Health Care Plan. A. It was a reasonably defensible legal strategy to conclude that on the state of the evidence at trial the jury should be asked to make a choice between two, not three theories of the case. 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. Wiese advised her to leave immediately. I, 6. amend. 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). The trial court also thereafter advised the jury: I have allowed the People to introduce evidence that on another occasion this defendant committed a prior, what we call legally []bad act, [] to wit, the strangling of Gail Katz Bierenbaum to unconsciousness and that was allowed in for certain limiting purposes and I want to make that very clear, as I did at the time such evidence was admitted. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. After the verdict,Snyder ordered him jailed to await sentencing. 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. ''Going to other states and acting like you're innocent? The location you tried did not return a result. Looking back, people see sinister clues in the fact that his socks were mismatched, his airplane a mess. Hirsch also stated that a body could be disarticulated at the joints, a simple process that someone trained in anatomy could accomplish in ten minutes. He faces 25 years to life and is to be sentenced on Nov. 20. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. The police searched for Katz between her apartment and Central Park and found no trace of her. The faculty-student ratio at . Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. 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. In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. It was not unreasonable for the Appellate Division to conclude that the reliability of Katz's statements was amply supported. Id. He did not find anything. Janet and the baby are fine. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. 2254(b)(1)(A). 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. Katz asked Beale if she could move in with her. During that period Caruana and Bierenbaum discussed Katz's disappearance. 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 . 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. Nontestimonial statements therefore do not implicate the Confrontation Clause. The prosecution argued:What does he do? 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. art. 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. Contribute to our National Missing Person Day Fundraiser Home 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. Feb. 25, 2008). 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. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. A New Life Re-examined; After Murder Verdict, Town Questions Doctor, https://www.nytimes.com/2000/10/30/nyregion/a-new-life-re-examined-after-murder-verdict-town-questions-doctor.html. 20 by Justice Leslie Crocker Snyder. Please enter a valid 5-digit Zip Code. We may not consider a state prisoner's application for a writ of habeas corpus unless the applicant has exhausted available state remedies by fairly present[ing] his claim in each appropriate state court (including a state supreme court with powers of discretionary review). Baldwin v. Reese, 541 U.S. 27, 29 (2004) (internal quotation marks omitted); accord Georgison v. Donelli, 588 F.3d 145, 153 (2d Cir.2009); see 28 U.S.C. His arrest came nearly 15. 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. This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. Katz told DeCesare that she was unconscious, and that Bierenbaum had to call 9-1-1 for assistance. ANGELA ABRAHAM. 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. 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 gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. 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. Bierenbaum called her therapist and others on that day asking if they had seen her. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. Surgery, Internal Medicine. 2005 - 2023 WebMD LLC. Currently incarcerated, Bierenbaum appeals from the February 26, 2008 judgment of the United States District Court for the Southern District of New York (Sweet, J.) Robert "Rob" Biernbaum, D.O. 8. 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. The videotapes were subsequently offered into evidence without objection. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. ''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. 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. 5. She provided a picture of Katz from the summer of 1985, and described her as less than five foot three, weighing approximately 110 pounds, with an A-cup bra size. 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. Segalas and Katz used cocaine together. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. Proc. On Saturday, July 6, 1985, Katz kept a follow-up appointment with her gynecologist, and made a further appointment in December. The three psychiatrists, who treated Dr. Bierenbaum briefly in 1983, when he and his wife lived on the Upper East Side, warned his wife at the time that she was in danger. His wife had decided to leave medicine and begin law school about 200 miles away in Grand Forks, N.D., where she moved, creating a hectic commuter marriage. 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. 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. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. Robert Bierenbaum (born July 22, 1955) is an American former plastic surgeon and convicted murderer. 2120, 2008 WL 515035 (S.D.N.Y. One of his duties was to relieve the doorman at lunchtime. 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. 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. Moreover, it was a reasonable trial strategy to establish a forthright relationship with the jury, by conceding what the defense did not have evidence to contest. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. Robert previously worked for MultiCare Health System, an organization with a fast-paced trauma center, four community hospitals, and many neighborhood clinics based in Tacoma, Washington. 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. Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. 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.. 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.