University Of New England College Of Osteopathic Medicine. The district court determined that Bierenbaum failed to exhaust his state court remedies with regard to his Confrontation Clause claim, finding that he did not argue the claim in his application for leave to appeal to the New York Court of Appeals. For more information, go to Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. Loma Linda, CA . This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. Defense counsel made no contemporaneous objection, but after the summation and before the jury charge he moved for a mistrial on that and other grounds. 5. In 1998 the investigation was reopened, and the body was exhumed and determined by DNA comparison not to be Katz. The petition was denied on March 9, 2006. 2120, 2008 WL 515035 (S.D.N.Y. 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. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). Respondents assert in the alternative, and the district court agreed, that with one exception the statements were not admitted for their truth. . 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. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. . How well do you ever know anybody? Former New York surgeon admits killing wife, throwing body from 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. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. He has 45 years of experience. Please try again. 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. He has 26 years of experience. It's still wrong and you didn't face it.'' This was the same year that a partial female body washed ashore in Staten Island, New York. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). One of the main reasons is because the defendant wouldn't let them search the apartment. The prosecution did argue in summation that Bierenbaum lied about the doorman, but the thrust of the argument was that Bierenbaum never spoke with Rivera at all in the days after Katz's disappearance.3 The Alvarez testimony, if believed, would not have countered this argument, as Alvarez did not claim that he'd mentioned his sighting of Katz to Bierenbaum, or anyone else, during this period. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. He received his. Charles Drew College of Medicine | Medical Education If you are not eligible for any of these plans, we will help you identify other healthcare access options to meet your needs. Medical Schools in Los Angeles: Stats, Rankings + Tuition 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. 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. Bierenbaum said he would get back to him, but did not. 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. 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. Did Dr. Robert Bierenbaum Kill His Wife Gail Katz? Phone: (585) 754-7858,(585) 545-7200. 28 U.S.C. Assistant District Attorney Daniel Bibb said in his summationthat Bierenbaum told proactive and reactive lies, dependingon whether he was speaking before or after someone asked aboutKatz-Bierenbaum. 2. ''I feel grief, like someone has died,'' he said. He described going to work Saturday morning, leaving the hospital and visiting his father, returning home around noon to go out to eat and do some shopping with his wife, including buying bras at a lingerie store and cat food at a pet supply store. In determining whether prosecution has been unduly delayed, a New York court will balance five factors: (1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) whether or not there has been an extended period of pretrial incarceration; and (5) whether or not there is any indication that the defense has been impaired by reason of the delay.. Now, you know what his intent was.Trial Tr. Robert moved to Las Vegas, Nevada in 1989 and set up a medical practice in the city. Surgery, Internal Medicine. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. Chokes her much harder than when he had only strangled her to unconsciousness. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. While they have . The Strickland standard is rigorous, Bell v. Miller, 500 F.3d 149, 155 (2d Cir.2007): Judicial scrutiny of counsel's performance must be highly deferential [;] every effort [must] be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time [A] court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. For more information, 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. The state court's conclusion was a reasonable application of Strickland. Proactive and Reactive LiesDuring the trial, defense lawyer David Lewis denounced theprosecutions murder theory as guesswork since there are noeyewitnesses or physical evidence in the death of Katz-Bierenbaum.Lewis said Katz-Bierenbaum is probably dead, but he stated thatnobody knows how or why. 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). 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. Michelle Kaszuba on the investigation of Gail Katz-Bierenbaum's disappearance, and her husband's murder trial. Dr. Jason Bierenbaum, MD - McKeesport, PA - Hematology Oncology - UPMC 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. 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 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. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. According to her affidavit, she was acutely aware of Katz, who frequently screamed at her husband and walked around noisily in high-heeled shoes. That is not disputed. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. 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. Sherman's testimony would not have undermined confidence in the jury's guilty verdict. We disagree. Image Credit: Stephanie Youngblood/ ABC News 20/20. ''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. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. vol. A petitioner has fairly presented his claim only if he has informed the state court of both the factual and the legal premises of the claim he asserts in federal court. Jones v. Keane, 329 F.3d 290, 294-95 (2d Cir.2003) (internal quotation marks omitted) (quoting Dorsey v. Kelly, 112 F.3d 50, 52 (2d Cir.1997)). Surgeon Admits to Throwing Wife Out of Plane - What's Up Today Detective Virgilio Dalsass from the 19th precinct, where Bierenbaum and Katz resided, and Detective Thomas O'Malley from the Missing Persons Bureau were assigned to investigate the case. Though Katz's body has never been found, Bierenbaum was found guilty of . On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. Dr. Robert Bierenbaum . He testified that Katz discussed with him her wish to leave her husband, their constant fights and arguments, and one argument during which Bierenbaum put his hands to her neck. Dr. Jason Bierenbaum, MD | McKeesport, PA | Oncologist | US News Doctors Forensic tests of two automobiles that Bierenbaum was driving at the time also yielded no results. 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. 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. 3. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. 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, 1881, Oct. 2, 2000. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. It ranks in the top 20 in the United States for both research and primary care. I also believe that the evidence of guilt is very thin. On February 25, 2008, the district court denied the petition without conducting an evidentiary hearing. 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. Rochester RHIO makes your information available wherever you See Williams, 529 U.S. at 413; Ramdass v. Angelone, 530 U.S. 156, 166 (2000); accord Kennaugh v. Miller, 289 F.3d 36, 45 (2d Cir.2002). Dalsass had numerous telephone calls from members of Katz's family during that same time period. 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. 7. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. He returned from New Jersey at approximately midnight. 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. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. Dr. Charles Hirsch, Chief Medical Examiner for New York City, testified that prior to the onset of rigor mortis, a dead body is pliable. The body of a woman five feet three inches tall, weighing about one hundred ten pounds could be folded and tied into a package about thirty-six inches long. Anthony Segalas testified at trial that he and Katz used cocaine together twice. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. Law 290.10[1]. One of his duties was to relieve the doorman at lunchtime. 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. His arrest came nearly 15. 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. Petitioner-Appellant Robert Bierenbaum was convicted after a jury trial of murder in the second degree, see N.Y. Following the close of evidence, counsel move[d] to dismiss the indictment on the basis that the People have failed to prove their case beyond a reasonable doubt and to the legal standard required for the case to go to the jury. Id. 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. He knew in July of 1985, what it would take to kill her. When You Have No Body: Corpus Delicti and the Bierenbaum Case Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. She stated that he told her this before the end of September. Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. 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. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. DeCesare testified that Katz told her that Bierenbaum had threatened to kill her if she left him. He recalled that when David Berkowitz (later known as Son of Sam) spent time at the Minot military base, animals in the area turned up mutilated. Bierenbaum told Feis that they had had an argument, that she had gone to Central Park and not returned, and that she was still missing when he returned from a family party in New Jersey. 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. Rochester RHIO. Robert Bierenbaum's Second Wife, Dr. Janet Chollet, Supported Him at ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. 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. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. 06 Civ. 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. 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. View info, ratings, reviews, specialties, education history, and more. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. To prevail on such a claim under federal law, Bierenbaum must prove that the delay resulted in actual prejudice and that the prosecution's reasons for the delay were improper. Healthcare DirectoryRobert M. Biernbaum DO - Rochester Health About The Provider. It was consistent with that theory to concede her death on July 7. 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. at 3107, Oct. 23, 2000.
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