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. Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. The prosecution called Katz's sister Alayne as a rebuttal witness. 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. The passage quoted above demonstrates that the Appellate Division found particularized guarantees of trustworthiness in the challenged statements. Please enter a valid 5-digit Zip Code. 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. In 1985 Segalas had told Detective Dalgass that he and Katz used cocaine on numerous occasions. ''. Given the seriousness of the charge, the circumstantial nature of the evidence, and no evidence of any improper motive on the part of the prosecution, the motion had no chance of success. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Bierenbaum argues that even if it were within the range of reasonable strategic choices to concede that Katz was dead, it was not reasonable to concede that she died on the Sunday she disappeared. 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 trial court gave a limiting instruction to that effect after each witness's testimony and at the close of trial, and admonished the jury that they were not to take this testimony as proof that Bierenbaum had acted in accordance with the statements, or as evidence of propensity. Feb. 25, 2008). Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. 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. In September Dalsass finally secured permission to search Bierenbaum's apartment. The conviction leaves the people of Minot with a question. The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. On February 25, 2008, the district court denied the petition without conducting an evidentiary hearing. ''Helpful'' is the word most people use here to describe Dr. Bierenbaum, a man who fixed his colleagues' computers and brought his neighbors chicken soup. 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.. Bierenbaum said no. 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. Kasenbaum testified that Katz told her she was having an affair with a colleague at a hospital where she was interning. 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. 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. Dr. Bierenbaum graduated from the Albany Medical College in 1978. Katz had an affair with Anthony Segalas, an investment banker, during the summer of 1984 and the spring of 1985. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). 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. 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. We're a community of medical and social service professionals who meet patients and clients in a healing and affirming environment where they can feel supported, cared for, and cared about. In a December parole hearing, however, Bierenbaum,. ''We worry about today and tomorrow here, not last week.''. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. 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. A state court decision involves an unreasonable application of clearly established Supreme Court precedent if it correctly identifies the governing legal principle but unreasonably applies or unreasonably refuses to extend that principle to the facts of a particular case. . 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. 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. Never, Bibb told the jurors shortly before they begandeliberations, did Bierenbaum, who has a pilots license, evermention that he had spent nearly two hours flying an airplane theafternoon after his wife was last seen. IV, 3194, 3227-28. To satisfy the first part of the test-performance-he must show[ ] that counsel made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment. Strickland, 466 U.S. at 687. School of Medicine - Loma Linda University. ''He refused to talk to us,'' Mr. Maixner said. She stated that he told her this before the end of September. 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). dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school With the benefit of hindsight, conceding that Katz died on July 7 may seem extraordinary, but at the time counsel would have had reason to believe that the jury was likely to hear from several reliable sources that she had appointments for the next day, and that she would have kept those appointments if she could have. Feb. 25, 2008). 06 Civ. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. She states that on the morning Katz disappeared, Katz was screaming at someone. Dr. Prothrow-Stith is an internationally recognized public health leader, who since 2008 has advised top-tier healthcare, life sciences, academic and not-for-profit institutions on leadership and . In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. He said, 'I just have a lot on my mind.' 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. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. Other Emergency Medicine Physicians Nearby, Emergency Medicine Physicians Nearby by Procedures, Emergency Medicine Physicians Nearby by Conditions, Fractures, Dislocations, Derangement, and Sprains, Psychological and Neuropsychological Tests, Excellus BCBS CNY Preferred Gold - Tier 1, BCBS MI Blue Care Network PCP Focus Network HMO, Capital District Physicians Health Plan PPO, Empire BCBS Blue Access Employer Sponsored, Empire BCBS Connection Employer-Sponsored, Excellus BCBS Individual Marketplace NYS QHP, MVP Health Plan Premier / Premier Plus - NY, NYS Provider & Health Excellus Blue Cross Blue Shield Essential Plan. 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. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. 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. University Of New England College Of Osteopathic Medicine. Bierenbaum argues that the challenged statements were inadmissible under either the Roberts or the Crawford and Davis standard: that the statements were admitted for their truth, that no hearsay exception applied, that the statements showed no particularized guarantees of trustworthiness, and that the statements were testimonial. I heard the cuffs close round hishands. She also testified that they had many times discussed Katz separating from her husband. 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. Her body was never found. Find Dr. Biernbaum's address and more. Robert Hickman, MD, is a board-certified physician providing primary care through One Medical, an independent, membership-based practice with an annual fee. Think about the defendant. This Court granted a certificate of appealability on September 23, 2008. ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. She should have made her appointments, she should have been where she said she would be and she could have come home but she didn't and that's why we can tell you that she is dead. provider will be able to view your information so they can provide the most informed care and treatment. He lied to both officers, telling both of them that he had remained in the apartment until approximately 5:30 p.m. when he left for the party in New Jersey. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. As physician and friend Marvin proved himself a real . It's still wrong and you didn't face it.'' See Galdamez v. Keane, 394 F.3d 68, 78 (2d Cir.2005) (reaching the merits of petitioner's confrontation clause claim where briefs and leave application, fairly construed, raised the issue). at 3107, Oct. 23, 2000. The trial judge denied the motion, but offered to tell the jury that Bierenbaum had no legal obligation to allow a search of his apartment, that he had a right to act on advice of counsel, and that the jury should draw no negative inference from that; but that in fact the apartment was not fully searched. Two or three months later Bierenbaum told another of Katz's friends, Maryann DeCesare, that he thought she was waitressing by a seaside community. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. The email address cannot be subscribed. Anthony Segalas testified at trial that he and Katz used cocaine together twice. Katz moved out and lived for a time with her grandfather. 20 by Justice Leslie Crocker Snyder. The United States Supreme Court decisions in Crawford and Davis v. Washington, 547 U.S. 813 (2006), confined the scope of the Confrontation Clause to testimonial statements. Bierenbaum, 748 N.Y.S.2d at 583-84. ABC news anchor John Quinones (right) interviews Daniel Bibb, an original prosecutor in the case involving the murder of Gail Katz-Bierenbaum by her husband Dr. Robert Bierenbaum, for a "20/20" tv . All this means that the decision of the district court is properly affirmed. Friends and family posted pictures of Katz in the neighborhood. Robert "Rob" Biernbaum, D.O. Anyone can read what you share. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. 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. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. At 4:30 p.m. he was already in New Jersey, flying his rented airplane. 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? 2120, 2008 WL 515035 (S.D .N.Y. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. He received his. It follows that the state court's rejection of Bierenbaum's ineffective assistance of counsel claim was not an unreasonable application of the Strickland standard. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. 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. 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. III, 2820, Oct. 12, 2000. ''At first it was just, 'That guy is nothing but strange,' '' said Curt Hussey, operator of the town's private flight school at Pietsch's airfield. vol. All rights reserved. Katz's friend Yvette Feis was in the apartment several days after Katz was reported missing, noticed that the living room rug was gone and asked about it. Boys don't touch boys here.' Dr. Robert Bierenbaum, a former plastic surgeon from New York convicted of murdering his wife in 2000, confessed to killing her and then throwing her body out of an airplane and into the Atlantic ocean after decades of maintaining his innocence. Forensic tests of two automobiles that Bierenbaum was driving at the time also yielded no results. We may not consider a state prisoner's application for a writ of habeas corpus unless the applicant has exhausted available state remedies by fairly present[ing] his claim in each appropriate state court (including a state supreme court with powers of discretionary review). Baldwin v. Reese, 541 U.S. 27, 29 (2004) (internal quotation marks omitted); accord Georgison v. Donelli, 588 F.3d 145, 153 (2d Cir.2009); see 28 U.S.C.