I add a few words because this case troubles me. Bierenbaum stated that he had come home from work at approximately 5 p.m. on Friday evening, that they went to a movie about 8 p.m. and returned about midnight. School of Medicine - Loma Linda University. 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. 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. More recently she talked of moving in with a girlfriend in Connecticut. 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. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. Again, we disagree. Sherman's testimony would not have undermined confidence in the jury's guilty verdict. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. 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. He lets it get explosive and as he has done before, as only he has done before, he places his hands around her neck and begins to choke her. He is a member of the UC San Diego Health Physician Network. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail 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. 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. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). 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. We affirm. Baran testified that she never told Bierenbaumthat. Throughout the search for Gail Katz-Bierenbaum, her family said they found her husband decidedly unhelpful. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. It is not offered for such a purpose and it must not be considered by you for such a purpose. IV, 3009-10, Oct. 18, 2000. Of course, there is another explanation for what drew Dr. Bierenbaum here: the changes in medicine that have allowed the Trinity Health Center, where he worked, to become a regional hub. 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. The faculty-student ratio at . 1. Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. Failure to request charge on territorial jurisdiction. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. About three weeks after Katz disappeared, Bierenbaum began an affair with Karen Caruana, a nurse educator at Maimonides Medical Center where Bierenbaum was a surgical resident. 9. vol. The next morning he went to work, and that evening reported Katz missing. 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. In addition to the evidence detailed above, the prosecution marshaled a wealth of circumstantial evidence that, in the words of the Appellate Division, when attentively review[ed] and critically assesse[d] , and after applying all natural and reasonable inferences, led to the inescapable conclusion that Bierenbaum murdered his wife on July 7, 1985, and the evidence excludes beyond a reasonable doubt any reasonable hypothesis of innocence. People v. Bierenbaum, 748 N.Y.S.2d 563, 574 (N.Y.App.Div.2002). 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). She heard nothing more. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. Bierenbaum faults defense counsel for failing to impeach Segalas with his prior statements, claiming that this damaged the defense theory that Katz's drug usage and risky behavior may have led to her disappearance. The videotapes were subsequently offered into evidence without objection. If a state court decision rests on a state law ground that is independent of the federal question and adequate to support the judgment, Coleman v. Thompson, 501 U.S. 722, 729 (1991), we will not review the issue. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Stay up-to-date with how the law affects your life. Now, you know what his intent was.Trial Tr. 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. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. 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. 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? He has 26 years of experience. Your recollection controls. All this means that the decision of the district court is properly affirmed. Anthony Segalas testified at trial that he and Katz used cocaine together twice. He described her to the jury as deeply tanned, about five foot one, with a well-developed body. Kasenbaum saw Katz on the day before she disappeared. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. 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 . Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. Gail Katz and Robert Bierenbaum were married in August 1982. 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. The decision not to do so was a defensible trial strategy. He works in Grand Forks, ND and specializes in Surgery and. Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. His anger at his wife. Dr. Stephanie Youngblood, a chiropractor who lived with Bierenbaum from 1990 to 1993, testified that Bierenbaum told her that Katz had a drug problem, was having extramarital affairs, and that he felt her death was drug-related: [h]e felt she went to Central Park to hang out with her druggie friends.. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. 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. 2005 - 2023 WebMD LLC. About The Provider. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. Prior to that date he had not been permitted to enter the apartment. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. He didn't stop when he knew he was hurting her. 06 Civ. See Feliz, 467 F.3d at 232. The location you tried did not return a result. 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. He requested an evidentiary hearing. Darrel Williams, a prominent eye surgeon and one of Dr. Bierenbaum's closest friends here, recalled of that morning, ''He looked a little haggard and seemed to be rushing around.'' 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. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. vol. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. 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. ANGELA ABRAHAM. 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. amend. As of 2002 when his claim was adjudicated on the merits, and 2003 when his conviction became final, Ohio v. Roberts governed his claim. Bierenbaum does not suggest that counsel should not have stressed the lack of evidence, or should not have mentioned that searches of the apartment, cars and airplane turned up nothing. In their last telephone conversation, Katz told DeCesare that she planned to ask Bierenbaum for a divorce, and that she had secretly borrowed $10,000.00 and put it in a safe deposit box to pay for a year of graduate school. 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. Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. See Davis, 547 U.S. at 824 (holding that limiting the Confrontation Clause to testimonial hearsay is clearly reflected in the text of the constitutional provision); United States v. Feliz, 467 F.3d 227, 232 (2d Cir.2006) ([A]fter Crawford and Davis, the inquiry under the Confrontation Clause is whether the statement at issue is testimonial.); accord United States v. Williams, 506 F.3d 151, 156 (2d Cir.2007). 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. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. 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. All rights reserved. Given that the Appellate Division reviewed the claim that the evidence was legally insufficient to prove that Bierenbaum intended to cause Katz's death, he cannot claim that counsel was ineffective in failing to preserve the issue for appeal. at 583. Feb. 25, 2008). When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. And as always, patient privacy and confidentiality remain of the utmost importance. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. . 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. 28 U.S.C. A forensic examination of the aircraft yielded no results. His arrest came nearly 15. With bitter winters and little company, residents here have little use for moral condemnation.
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