Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). He also was the executive responsible for quality measures and meaningful use. ''And people would just be like, 'Hey buddy, don't touch me. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. Robert "Rob" Biernbaum, D.O. That is one of the theories that could have happened. 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. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. Throughout Bierenbaum's trial and the direct appeal of his conviction, the admission of statements by a declarant not present at trial was governed by Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford v. Washington, 541 U.S. 36 (2004)). UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. 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. IV, 3194, 3227-28. 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. Had defense counsel moved to dismiss the indictment, the motion would not have been granted, and therefore there was no reasonable probability that the outcome-proceeding to trial-would have been different. 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. I, 6. All rights reserved. In discussing the evidence he also stated. And as always, patient privacy and confidentiality remain of the utmost importance. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. How well do you ever know anybody? Members of the network collaborate on . Again, we disagree. In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. 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. 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. 20 by Justice Leslie Crocker Snyder. Feb. 25, 2008). She would have had to admit that she did not see Katz leave, nor could she be sure that the door was the exterior door, rather than an interior door. The search was thus limited to the scope of the permission given. Under 2254(d)(1), a state-court decision is contrary to clearly established Supreme Court precedent if its conclusion on a question of law is opposite to that of the Supreme Court or if the state court decides a case differently than the Supreme Court's decision on a set of materially indistinguishable facts. Id. Defense counsel did not call two individuals whom Bierenbaum contends witnessed Katz leaving the apartment and the building in accordance with his narrative of events on July 7, 1985. He'd done it in the past. Katz had an affair with Anthony Segalas, an investment banker, during the summer of 1984 and the spring of 1985. that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. vol. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. 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. 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. Think about the defendant. provider will be able to view your information so they can provide the most informed care and treatment. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. With your consent, your healthcare The defense called one witness, Joel Davis. 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. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school 2254(e)(1); see Drake v. Portuondo, 553 F .3d 230, 239 (2d Cir.2009). Id., 744 N.E.2d at 131 (citations, internal quotation marks and ellipses omitted). When O'Malley followed this up in a second conversation, Bierenbaum said that Edgar was now not sure whether he'd seen her on that or another day. visit www.rpcn.org. Given that the videotapes were neither speculative nor lacking in foundation, counsel was not ineffective for failing to object to their admission on that basis. Katz moved out and lived for a time with her grandfather. TimesMachine is an exclusive benefit for home delivery and digital subscribers. School of Medicine - Loma Linda University. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. ''It's the loss of his life and the good he does to help other people. 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. CALABRESI, Circuit Judge, filed a concurring opinion. 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. In the 15 years since his wife, Gail Katz-Bierenbaum, disappeared, Dr. Bierenbaum remarried, had a baby girl and built a thriving medical practice in Minot, N.D. Only later would he learn what had happened. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. In short, Minot has always been a good place to reinvent oneself or to hide. 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. ''Most people don't know that Minot, North Dakota, is on the face of the map, so why come here?'' All rights reserved. The motion was denied on September 6, 2005, and leave to appeal was denied on January 12, 2006. The state court's conclusion was a reasonable application of Strickland. Bierenbaum's counsel explained that he was concerned that a contemporaneous objection would have prompted the trial court to sum up in favor of the prosecution, in other words, to highlight for the jury the argument that counsel found objectionable. 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. The email address cannot be subscribed. Your recollection controls. 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.) Manhattan investigators were exhuming a woman's torso from a Queens cemetery and running DNA tests to determine whether it was that of his first wife, Gail Katz-Bierenbaum, who had disappeared in 1985. Sergeant Matthew Rowley of the New York police department's Aviation Unit executed three flights in a Cessna 172 from Caldwell Airport on October 11, 2000, during the trial. As physician and friend Marvin proved himself a real . But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. ''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. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. The performance was videotaped, and the jury was shown the tapes. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. vol. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. Ive waited a very,very long time for this day. The investigation was closed in April 1987. 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. The police searched for Katz between her apartment and Central Park and found no trace of her. Look for the RHIO icon for authorized RHIO participants. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. 2120, 2008 WL 515035 (S.D.N.Y. 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. The Appellate Division ruled that the statements bore numerous hallmarks of reliability: She was speaking spontaneously; she repeated the statements separately to various people in her life; her statements about the troubled side of their marriage were a natural consequence of corroborated facts about their marriage; she was, by all indications, in good mental health; there appears no reason for her to have fabricated the matters she discussed at the time of her utterances; and her statements largely concerned private matters that some would be embarrassed or otherwise reluctant to disclose. The rule applies with equal force whether the state-law ground is substantive or procedural. Lee v. Kemna, 534 U.S. 362, 375 (2002). 2005 - 2023 WebMD LLC. 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. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. N E W  Y O R K, Oct. 24, 2000 -- Dr. Robert Bierenbaum, a plastic surgeon who wascharged with killing his wife 15 years ago and dropping her bodyinto the ocean from an airplane, was convicted today ofsecond-degree murder. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. I, 1889. 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. Please verify insurance information directly with your doctor's office as it may change frequently. The decision not to do so was a defensible trial strategy. O'Malley asked if Bierenbaum had ever hit his wife. With bitter winters and little company, residents here have little use for moral condemnation. vol. 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. 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. ''I have no idea what you've done in the past, you have no idea what I've done,'' Mr. Hussey concluded last week, after the verdict, seated in a restaurant near Minot International Airport, which has one baggage carousel. Katz told DeCesare that she was unconscious, and that Bierenbaum had to call 9-1-1 for assistance. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. 5. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. Image Credit: Stephanie Youngblood/ ABC News 20/20. The respondents argued this position below, but on further review have withdrawn their argument, agreeing with Bierenbaum that he presented his constitutional claim in his letter brief submitted to the New York Court of Appeals on December 10, 2002. as the organization's new Chief Medical Officer.. Is this you? He said that he had called Katz's mother and two of her friends to see if she was there. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. I also believe that the evidence of guilt is very thin. The things you loved about AIDS Care have not changed as a result of our name change. The trial court permitted this testimony as background evidence of the state of the marriage and Katz's state of mind, and Bierenbaum's motive, intent and identity. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. She states that on the morning Katz disappeared, Katz was screaming at someone. He has 45 years of experience. It was consistent with that theory to concede her death on July 7. 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. Indeed, Bierenbaum does not argue to this Court (except parenthetically) that the challenged hearsay declarations were in fact unreliable. 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. 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. On cross-examination Davis admitted that he had told an investigator for the defense that the woman he'd seen was tall and statuesque, and explained that he had confused his description of the missing woman by likening her to two different women, one tall with her face and one short with her body. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. The prosecution successfully argued that counsel had opened the door to allow testimony from Detective Dalsass that Bierenbaum's attorney had prevented the police from conducting a warrantless forensic search of the apartment. On that point we agree with the Appellate Division, the post-judgment motion court and the district court that the contents of the videotape[s] depict a scenario that was anything but speculation. 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. Proc. Although there was no evidence to that effect, defense counsel did not object. It is possible. When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. Albany Medical College ; 3. For more information, go to 2254(d); see also, e.g., Brown v. Alexander, 543 F.3d 94, 100 (2d Cir.2008). Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. 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. Flight Log the KeyIt was after prosecutors found Bierenbaums flight log, whichthe law requires pilots to maintain, that they suspected they couldmake a murder case against him. 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. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. Many of our partners in care are also providing services on site, just as they did before. In fact, the police were not permitted to conduct a forensic search of the apartment. 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. Bierenbaum told Karnofsky that the police had asked him if he had removed the apartment rug or had it cleaned, and that he had answered that he had not. He is a native Rochesterian with roots in Pittsford and Victor. IV, 3009-10, Oct. 18, 2000. He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. Deborah Prothrow-Stith, M.D. Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. Bierenbaum had contacted O'Malley on July 10 to inquire about the progress of the investigation. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. 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. 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). 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.