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)). He works in Grand Forks, ND and specializes in Surgery and. 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. With bitter winters and little company, residents here have little use for moral condemnation. 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). We need not address this argument because of our disposition of this issue under Roberts. '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. Two or three months later Bierenbaum told another of Katz's friends, Maryann DeCesare, that he thought she was waitressing by a seaside community. 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. 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). is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. 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 did not focus on Bierenbaum's having prevented a forensic search. 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. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. 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. Grand Forks, ND 58201 . Deborah Prothrow-Stith, M.D. While they have . An inspector for the Federal Aviation Administration testified that in his opinion a pilot could singlehandedly dispose of something from the plane without a great deal of difficulty. 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. Charles Drew College of Medicine | Medical Education I join Judge Sessions's opinion fully because I believe it to be correct on the law. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. Is this you? Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. IV, 3194, 3227-28. 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. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. But his life in Minot was already fraying. She states that on the morning Katz disappeared, Katz was screaming at someone. These are not the acts of a suicidalperson, she said. He also was the executive responsible for quality measures and meaningful use. Had the defense gotten Segalas to admit that he and Katz used cocaine on several occasions, the defense suggestion that she may have been killed by drug dealers would still have been plagued by lack of evidence, as the state court noted. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school The defense called one witness, Joel Davis. ABC's '20/20' program to explore story of former Grand Forks surgeon And when detectives grilled him about what he did on July 7, 1985, the day his wife disappeared, he never mentioned his two-hour solo flight in a Cessna over the Atlantic Ocean. 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. Katz cooked steaks that night and they had a romantic candlelight dinner. As a subscriber, you have 10 gift articles to give each month. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. Defense counsel did not object to the instruction or request a stronger one. The location you tried did not return a result. 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. 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. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. 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. ''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. Ex-surgeon confesses throwing wife's body from airplane in 1985 The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. Cardiovascular Disease, Internal Medicine. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. Bierenbaum was sentenced on November 29, 2000. She heard nothing more. After the verdict,Snyder ordered him jailed to await sentencing. 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. Bierenbaum argued undue pre-indictment delay to the state court in his motion to set aside the judgment. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. A former plastic surgeon confessed to killing his wife and - Yahoo! 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. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. Katz told her that she was looking for an apartment and that she was going to tell her husband that weekend that she was leaving. The videotapes were subsequently offered into evidence without objection. 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. All rights reserved. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. The state court's conclusion was a reasonable application of Strickland. The decision not to call a particular witness is typically a question of trial strategy. Greiner v. Wells, 417 F.3d 305, 323 (2d Cir.2005) (quoting United States v. Luciano, 158 F.3d 655, 660 (2d Cir.1998) (per curiam)). ''He refused to talk to us,'' Mr. Maixner said. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. If you are not eligible for any of these plans, we will help you identify other healthcare access options to meet your needs. He stated that he nevertheless attempted to look for any evidence that a crime had been committed in the apartment, that he discovered no such evidence, but that he had not conducted a detailed forensic search. 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. 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. 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. Contact us. 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 robert bierenbaum medical school - pentagram.restaurant Segalas said she is the one who made the connection. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. The police searched for Katz between her apartment and Central Park and found no trace of her. Bierenbaum repeated that he had remained in the apartment all day until 5:30 p.m., when he left for the family party in New Jersey, arriving there at approximately 6:30 p.m. The Appellate Division found the error unpreserved, and declined to review it. Trial counsel conceded in his opening statement that Katz died on July 7, 1985: [L]et's talk about some things that are not at issue here. More recently she talked of moving in with a girlfriend in Connecticut. Feb. 25, 2008). Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. Baran also noted that Katz-Bierenbaum had been apartmenthunting, had gotten a manicure and had bought birth control devicesjust before she vanished. 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. Claim your profile (701) 780-5260 . Her body was never found. See United States v. Lovasco, 431 U.S. 783, 789 (1977). Robert "Rob" Biernbaum, D.O. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 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. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. Bierenbaum had been out on $500,000 bail. He had blocked the police from searching their Manhattan apartment. Learn more about FindLaws newsletters, including our terms of use and privacy policy. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. 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. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. Sherman would have testified that she believed Katz left the apartment after the door slammed. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. The state court weighed the five Taranovich factors and concluded that if defense counsel had moved to dismiss the indictment, the motion would unquestionably have been denied. ''I feel grief, like someone has died,'' he said. Failure to request charge on territorial jurisdiction. The RHIO icon appearing in a provider's directory listing indicates the provider Medical Schools in Los Angeles: Stats, Rankings + Tuition 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. Dr. Robert Martin Biernbaum, DO is a health care provider primarily located in Rochester, NY, with other offices in Victor, NY and Columbus, OH ( and 2 other locations ). 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. Dr. Sybil Baran, Katz's therapist, testified that Katz was afraid of Bierenbaum's anger. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. The decision not to do so was a defensible trial strategy. vol. 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. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. A New Life Re-examined; After Murder Verdict, Town Questions Doctor He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. The location you tried did not return a result. In another conversation Katz told DeCesare that she and Bierenbaum had discussed the Claus von Bulow case, and that Bierenbaum had said the problem with the case was that von Bulow left evidence and that he would leave no evidence. 3. Davis had been in a bagel shop in Manhattan on Second Avenue in the 80's on the afternoon of July 7, 1985, and he noticed an attractive woman wearing a distinctive t-shirt with a non-English word on it. The strategy was a reasonable one, given that the trial court would have provided a limiting instruction along the lines of the one given in the charge. Although there was no evidence to that effect, defense counsel did not object. 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. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). The educational structure is rigorous, but the real draw of this school is the open and accepting atmosphere. [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). Rochester RHIO. 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. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. At 4:30 p.m. he was already in New Jersey, flying his rented airplane. When You Have No Body: Corpus Delicti and the Bierenbaum Case 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. Kasenbaum testified that Katz told her she was having an affair with a colleague at a hospital where she was interning. VI. Robert "Rob" Biernbaum, D.O. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Bierenbaum also takes exception to his trial counsel's failure to object to the prosecution's contention that he prevented a complete forensic examination of the apartment. 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. 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? 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. We're a special place where you'll receive the best HIV/AIDS medical care, prevention, and support services available today from experts who are recognized worldwide for their innovative treatment therapies, research, and clinical trials expertise. ''But he was just like, 'Anything to do to help.' The affair began while Bierenbaum was vacationing in South Hampton on Long Island during the month of August, and lasted about six weeks. He received his. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. In a state that averages two people per square mile, it is more important to embrace newcomers than to fuss with details about the past. 8. that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. By last December, the life he had built was over. 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. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. But he chokes her much harder than he'd done when she was only having a cigarette. Surgery, Internal Medicine. 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. Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. Dr. Robert Bierenbaum . Dale Maixner, special agent with the North Dakota Bureau of Criminal Investigations, has another theory: that he was systematically building an image as a person incapable of murder. ''We worry about today and tomorrow here, not last week.''. 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. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. 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. He received a medical degree at Eastern Virginia Medical . 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 . 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. Segalas and Katz used cocaine together. He called Katz's mother to see if she had heard from Katz, and went to bed. 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. IV, 3009-10, Oct. 18, 2000. He works in Grand Forks, ND and specializes in Surgery and Internal Medicine. Dr. Ellen Schwartz, a close friend from graduate school, testified that Katz told her she was afraid of her husband, and that she was planning to leave him soon. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. His specialties include Emergency Medicine, Family Medicine. June Sherman lived directly below the Bierenbaum apartment. For more information, go to He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. Contribute to our National Missing Person Day Fundraiser Home 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. 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.. 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. Las mejores ofertas para 1975 Foto de prensa del Dr. Robert L. Tuttle, Facultad de Medicina de la Universidad de Texas estn en eBay Compara precios y caractersticas de productos nuevos y usados Muchos artculos con envo gratis! 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. The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). We affirm. Under 2254(d)(1), a state-court decision is contrary to clearly established Supreme Court precedent if its conclusion on a question of law is opposite to that of the Supreme Court or if the state court decides a case differently than the Supreme Court's decision on a set of materially indistinguishable facts. Id. 28 U.S.C. He is a member of the UC San Diego Health Physician Network. Top Medicine Graduate Programs in the Los Angeles Area - Niche The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. He didn't stop when he knew he was hurting her. Under New York law, [a] person is guilty of murder in the second degree when [w]ith intent to cause the death of another person, he causes the death of such person N.Y. 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). '' The next day, the news hit that he was in New York and under arrest for murder. It's still wrong and you didn't face it.'' 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. 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. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. Bierenbaum called her therapist and others on that day asking if they had seen her. 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 arrest came nearly 15. Another lie was that her psychotherapist, Dr. Sybil Baran, hadtold Bierenbaum that his wife was suicidal and might have killedherself, Bibb said.
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