The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. 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. University of New England College of Osteopathic Medicine. For more information, Law 290.10[1]. The decision not to do so was a defensible trial strategy. 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). In his opening statement counsel told the jury You will also learn that the police conducted a forensic examination of the doctor's apartment, the doctor's car, his friend's car that he borrowed some time that weekend, the airplane and found no evidence of blood or any other biological determinations because this case also turns on the lack of evidence. Id. The videotapes were subsequently offered into evidence without objection. . Bierenbaum told O'Malley that the marriage was in bad shape and that both of them were in therapy to attempt to improve their relationship. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. 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. 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. 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. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. vol. 1972 Foto de prensa del Dr. Harold Lief y el Dr. Robert Heat en la 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. 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. Rivera's testimony was not particularly damaging to Bierenbaum's case. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. 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 law ground is only adequate to support the judgment and foreclose review of a federal claim if it is firmly established and regularly followed in the state, and application of the rule would not be exorbitant. Garvey v. Duncan, 485 F.3d 709, 713-14 (2d Cir.2007) (quoting Lee, 534 U.S. at 376). He told O'Malley that Katz was depressed and suicidal. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. About The Provider. Dr. Baran denied that she'd had such a conversation with Bierenbaum and denied that Katz was suicidal. III, 2820, Oct. 12, 2000. 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. 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. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and dumping her body from an airplane. 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. 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. 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). 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. 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. Rochester RHIO makes your information available wherever you 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 RHIO icon appearing in a provider's directory listing indicates the provider Failure to properly object to the admission of the videotaped demonstration. Proc. He told the detective assigned to investigate the case that he had last seen his wife on July 7 at approximately 11 a.m., and that she had left the apartment to get some sun in Central Park. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. The Appellate Division analyzed the reliability of the challenged statements under the rule for determining reliable hearsay set forth by the New York Court of Appeals in Nucci v. Proper, 744 N.E.2d 128 (N.Y.2001): Reliability is the sum of the circumstances surrounding the making of the statement that render the declarant worthy of belief. 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. The Appellate Division found the error unpreserved, and declined to review it. Sherman would have testified that she believed Katz left the apartment after the door slammed. 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. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). Dr. Robert Bierenbaum . He is a native Rochesterian with roots in Pittsford and Victor. 4. 3. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. That involved advice of counsel. vol. Contact us. Janet and the baby are fine. I, 1881, Oct. 2, 2000. vol. His anger at his wife. When You Have No Body: Corpus Delicti and the Bierenbaum Case He did not see her return. It's still wrong and you didn't face it.'' He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. Bierenbaum called her therapist and others on that day asking if they had seen her. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. Prior to that date he had not been permitted to enter the apartment. As Dr. Bierenbaum's social efforts overcame the reserve of his new neighbors, his old neighbors were busy digging up his past. She also testified that they had many times discussed Katz separating from her husband. 2 reviews. Please verify insurance information directly with your doctor's office as it may change frequently. Kasenbaum saw Katz on the day before she disappeared. 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. Pro. 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. Trillium Health welcomes new Chief Medical Officer You'll find that we're more than just a clinic or a service provider. 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 . 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. Stephanie Youngblood Now: Where is Robert Bierenbaum's Second Wife He told another renter that he had gone looking for Katz in Central Park, found her towel and suntan lotion, but she was gone. 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. 2120, 2008 WL 515035 (S.D.N.Y. Bierenbaum told Katz's friend Ellen Schwartz that he had spoken with Katz's therapist Dr. Baran, who had told him that Katz was very depressed and she was concerned that Katz might hurt herself. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. Although he followed in the footsteps of his father Dr. Marvin Bierenbaum by becoming a surgeon, he never gave up his dream of becoming the first Jewish astronaut. Even a neophyte could have found danger. Pressing the point on cross-examination risked alienating the jury for no particular strategic gain. 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. 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. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. They confronted Dr. Bierenbaum on the steps of the Trinity clinic, but he invoked his right to counsel. Anyone can read what you share. 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. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. 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 Hickman, MD, is a board-certified physician providing primary care through One Medical, an independent, membership-based practice with an annual fee. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. She also told DeCesare that she thought she was being followed. He returned from New Jersey at approximately midnight. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. 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)). Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. Copyright 2023, Thomson Reuters. Penal Law 125.25[1], and sentenced to a term of imprisonment of twenty years to life. In fact, the police were not permitted to conduct a forensic search of the apartment. 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. O'Malley asked if Bierenbaum had ever hit his wife. 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. 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. 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. We affirm. And as always, patient privacy and confidentiality remain of the utmost importance. Stay up-to-date with how the law affects your life. See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). 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 need not address this argument because of our disposition of this issue under Roberts. 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. 2. He is a member of the UC San Diego Health Physician Network. 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)). Throughout the search for Gail Katz-Bierenbaum, her family said they found her husband decidedly unhelpful. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. 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. In short, Minot has always been a good place to reinvent oneself or to hide. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. 2005 - 2023 WebMD LLC. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. Im very relieved, said Alayne Katz. 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. Although the police wished to search for any evidence that would shed light on Katz's disappearance, the investigators felt they did not have probable cause to obtain a search warrant. The defense called one witness, Joel Davis. 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. The affair began while Bierenbaum was vacationing in South Hampton on Long Island during the month of August, and lasted about six weeks. (This case turns on the lack of evidence.) In order to put the absence of physical evidence in context, the prosecution would have been permitted to inform the jury that the police were constrained to a limited search of the apartment several weeks after the disappearance.