it is a first professional graduate degree awarded upon graduation from medical school. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail Katz. The Confrontation Clause of the Sixth Amendment to the United States Constitution states: in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. U.S. Const. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. You'll find that we're more than just a clinic or a service provider. 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. Robert Bierenbaum (born July 22, 1955) is an American former plastic surgeon and convicted murderer. The motion was denied. 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. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. Image Credit: Stephanie Youngblood/ ABC News 20/20. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. 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). This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. How close up you are with a person that you are choking Strangulation is up close and personal. 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. Bierenbaum said he would get back to him, but did not. 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. 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. It was consistent with that theory to concede her death on July 7. The next morning he went to work, and that evening reported Katz missing. 8. Wiese advised her to leave immediately. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. ''. 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. 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. In 1998 the investigation was reopened, and the body was exhumed and determined by DNA comparison not to be Katz. Proc. 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. 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. Feb. 25, 2008). [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). We disagree. 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. 2005 - 2023 WebMD LLC. Please verify insurance information directly with your doctor's office as it may change frequently. 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). . 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. The Disappearance of Gail Katz Bierenbaum. 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. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. As Dr. Bierenbaum's social efforts overcame the reserve of his new neighbors, his old neighbors were busy digging up his past. 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. Michelle Kaszuba on the investigation of Gail Katz-Bierenbaum's disappearance, and her husband's murder trial. During that period Caruana and Bierenbaum discussed Katz's disappearance. When a state court has adjudicated the merits of a petitioner's claim, a federal court may grant an application for a writ of habeas corpus only if the adjudication of the claim-(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. More recently she talked of moving in with a girlfriend in Connecticut. He knew in July of 1985, what it would take to kill her. Penal Law 125.25[1], and sentenced to a term of imprisonment of twenty years to life. Randy Schwann, Trinity's marketing director, explained why Dr. Chollet and her husband, along with physicians from places like Walter Reed Army Medical Center and UCLA Medical Center, were recruited here. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. 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. ''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. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. '', 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. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. The Appellate Division found the error unpreserved, and declined to review it. 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. Do Not Sell or Share My Personal Information. Bierenbaum, 748 N.Y.S.2d at 583-84. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. Throughout the search for Gail Katz-Bierenbaum, her family said they found her husband decidedly unhelpful. Given that the testimony was independently admissible, and the trial court gave a curative instruction in connection with the improper closing argument, defense counsel's mistaken reference to a forensic search did not open the door to prejudicial comments. He called Katz's mother to see if she had heard from Katz, and went to bed. 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. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. Forensic tests of two automobiles that Bierenbaum was driving at the time also yielded no results. In 1985 Segalas had told Detective Dalgass that he and Katz used cocaine on numerous occasions. On Saturday, July 6, 1985, Katz kept a follow-up appointment with her gynecologist, and made a further appointment in December. In July, early in the investigation, Dalsass asked Bierenbaum if he could look around the apartment. 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. I also believe that the evidence of guilt is very thin. He didn't stop when he knew he was hurting her. I join Judge Sessions's opinion fully because I believe it to be correct on the law. '' The next day, the news hit that he was in New York and under arrest for murder. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. 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. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. Again, we disagree. vol. Bierenbaum lists nine errors that he contends are objectively unreasonable: (1) failing to move to dismiss the indictment due to pre-trial delay; (2) conceding that Katz died on July 7, 1985; (3) opening the door to testimony and argument that Dr. Bierenbaum and his lawyer refused to consent to a forensic search of his apartment; (4) failing to call two witnesses who allegedly would have supported his claim that Katz left the apartment on the morning of July 7; (5) failing to cross-examine effectively a witness who minimized his use of cocaine with Katz; (6) failing to object to the admission of the videotaped demonstration of the prosecution's theory of how Bierenbaum disposed of his wife's body; (7) failing to move for a trial order of dismissal on the grounds of insufficient evidence of the element of intent to kill; (8) failing to make a timely objection to improper remarks in summation; (9) failing to request a jury charge on jurisdiction. 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. 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. 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. According to his affidavit, on the Sunday before Katz's parents and the police inquired about her, he relieved the doorman, Edgar Rivera, at approximately 11:30 a.m. At that time he saw Katz leave the front entrance of the building wearing shorts and a t-shirt. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. 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. Relief and SorrowWhen the verdict was read, the victims sister, Alayne Katz ofIrvington, N.Y., burst into tears and slumped over the leg of herbrother, Steven, shaking and sobbing. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. 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. 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. Bierenbaum had contacted O'Malley on July 10 to inquire about the progress of the investigation. 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. Sherman would have testified that she believed Katz left the apartment after the door slammed. 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. Dalsass contacted several individuals whose names he had obtained from Bierenbaum or Katz's family who might have information about Katz. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. 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. 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. ''The conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. 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 . [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. 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. She also told DeCesare that she thought she was being followed. He works in Grand Forks, ND and specializes in Surgery and Internal Medicine. 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 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. 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. All rights reserved. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. 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. 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. . She also testified that they had many times discussed Katz separating from her husband. The search was thus limited to the scope of the permission given. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. Law 290.10[1]. It is not offered for such a purpose and it must not be considered by you for such a purpose. O'Malley asked if Bierenbaum had ever hit his wife. 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. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. 3. ''How odd is it that a murderer had dinner at my house, a Seder no less,'' said Harriet Epstein, originally from Queens, who briefly ran the only bagel store here and whose late husband, a wealthy and prominent doctor, befriended and worked with Dr. Bierenbaum. Local doctors here studied the demographics, and did not think a plastic surgeon would arrive until at least 2005. Who would come willingly to a place where many professionals -- particularly doctors who draw patients from the surrounding 100,000 square miles -- must fly single-engine planes to work? E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). 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. 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. 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. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). See United States v. Lovasco, 431 U.S. 783, 789 (1977). 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. Counsel suggested in his opening statement that You will also learn that she had a drug issue and you will learn at least one of the lovers Gail Katz Bierenbaum took behind Dr. Bierenbaum's back was also someone she shared drugs with, and you will learn it from his own testimony. Trial Tr. Now, you know what his intent was.Trial Tr. She heard nothing more. Cardiovascular Disease, Internal Medicine. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. Pro. Doctor of Osteopathic (DO) McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. 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. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. Now we will tell you that the evidence will also show that she is dead. 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. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. 2254 in the United States District Court for the Southern District of New York. 2120, 2008 WL 515035 (S.D.N.Y. Failure to object to summation remarks. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. He didn't stop when he knew she was unconscious. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school 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. Caruana testified that Bierenbaum told her that his apartment and car had been searched and that he was clean as far as any police investigation was concerned. He is a member of the UC San Diego Health Physician Network. 2. 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. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. The location you tried did not return a result. 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. WebMD does not provide medical advice, diagnosis or treatment. Your recollection controls. 4. Bierenbaum, 44, was charged Tuesday with murdering Katz, loading her body into his twin-engine plane and flying out over the Atlantic to dump her in a watery grave. 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. vol. The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. See Bierenbaum, 748 N.Y.S.2d at 589. III, 2820, Oct. 12, 2000. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. He did not focus on Bierenbaum's having prevented a forensic search. Anyone can read what you share. Bierenbaum contends that even if Alvarez's recollection was shaky, his testimony was essential to counter the prosecution's argument that Bierenbaum lied when he told Detective O'Malley that a doorman named Edgar had seen Katz leave the building. Moreover, at that point in the summation, the prosecuting attorney was cataloguing what he termed Bierenbaum's lies-to Dalsass, to O'Malley, to Caruana, and several other witnesses. One of his duties was to relieve the doorman at lunchtime. 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).
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