Failure to object to summation remarks. In 1984 Katz told her about a time in 1983 when Bierenbaum noticed her smoking a cigarette on the terrace of their apartment, became violent and began choking her. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Forensic tests of two automobiles that Bierenbaum was driving at the time also yielded no results. 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 was not unreasonable for the Appellate Division to conclude that the reliability of Katz's statements was amply supported. Id. Katz had an affair with Anthony Segalas, an investment banker, during the summer of 1984 and the spring of 1985. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. 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. Dr. Roberta Karnofsky, an anesthesiologist, had a year-long relationship with Bierenbaum beginning in fall 1985, while she was a medical student under his supervision. 28 U.S.C. Before leaving town, Dr. Bierenbaum stopped in at Pietsch's to pay a bill. 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. University of New England, College of Osteopathic Medicine, Certifications:American Osteopathic Board of Emergency Medicine. 1200 S Columbia Rd, Grand Forks, ND, 58201 (701) 780-5260 OVERVIEW Dr. Bierenbaum graduated from the Albany Medical College in 1978. To satisfy the second part of the Strickland test-prejudice-Bierenbaum must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Id., 466 U.S. at 694. I heard the cuffs close round hishands. 2120, 2008 WL 515035 (S.D .N.Y. 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 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. 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. Dalsass had numerous telephone calls from members of Katz's family during that same time period. 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. 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). Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. vol. 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. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). Boys don't touch boys here.' In discussing the evidence he also stated. It is possible. at 1889. Write a Review . 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. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. 06 Civ. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. Janet and the baby are fine. The application fee at University of California--Los Angeles (Geffen) is $95. Moreover, a federal court must apply the clearly established Supreme Court jurisprudence as of either the date of the pertinent state court adjudicat[ion] on the merits, or the date when the state court conviction became final. Mungo v. Duncan, 393 F.3d 327, 333-34 (2d Cir.2004). Katz moved out and lived for a time with her grandfather. Please enter a valid 5-digit Zip Code. 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)). See People v. Bierenbaum, 790 N.E.2d 281 (N.Y.2003). 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. Think about him looking at her while he squeezes the life out of her. 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. He also was the executive responsible for quality measures and meaningful use. 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. 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. 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. One recent morning at Pietsch's airfield, where Dr. Bierenbaum spent hours tinkering with his plane and teaching flight safety for the Federal Aviation Administration, mechanics and pilots grounded by fog were eating apple pie. art. Bierenbaum's only witness was Joel Davis, who saw a poster of the missing Katz and reported sighting her on a Manhattan street on the afternoon of Sunday, July 7. Had the defense called Alvarez, and had he testified in accordance with his affidavit, the jury would have been presented with the testimony of the relief doorman, who remembered not only the departure of a particular tenant, but what she was wearing on an unremarkable Sunday fifteen years before the trial. Please verify insurance information directly with your doctor's office as it may change frequently. Bierenbaum said no. 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. Even a neophyte could have found danger. Pressing the point on cross-examination risked alienating the jury for no particular strategic gain. He did not see her return. 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. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). The trial court also thereafter advised the jury: I have allowed the People to introduce evidence that on another occasion this defendant committed a prior, what we call legally []bad act, [] to wit, the strangling of Gail Katz Bierenbaum to unconsciousness and that was allowed in for certain limiting purposes and I want to make that very clear, as I did at the time such evidence was admitted. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. 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). On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. 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. 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. it is a first professional graduate degree awarded upon graduation from medical school. III, 2820, Oct. 12, 2000. O'Malley asked if Bierenbaum had ever hit his wife. In 1998 the investigation was reopened, and the body was exhumed and determined by DNA comparison not to be 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). She provided a picture of Katz from the summer of 1985, and described her as less than five foot three, weighing approximately 110 pounds, with an A-cup bra size. By last December, the life he had built was over. Her body was never found. Gail Katz and Robert Bierenbaum were married in August 1982. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. View info, ratings, reviews, specialties, education history, and more. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. Dr. Bierenbaum graduated from the Albany Medical College in 1978. . Defense counsel did not object to the instruction or request a stronger one. ''The conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. 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. Even Dr. Chollet's brother, also a physician, had earlier been recruited to work there. He only stopped when she was dead We think about the intimacy of strangulation. In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . He said, 'I just have a lot on my mind.' ''. 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 . A few days before she disappeared, Katz told DeCesare that she had met someone in whom she was interested, and she wondered if DeCesare thought it would be all right if she brought him up to the apartment when Bierenbaum wasn't there. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. 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. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. The next morning he went to work, and that evening reported Katz missing. His specialties include Emergency Medicine, Family Medicine. When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. IV, 3194, 3227-28. For this strategy, the defense had no particular need to elicit evidence that Katz was a regular as opposed to occasional user. 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. As a subscriber, you have 10 gift articles to give each month. He also argued, among other issues, that the trial court erroneously 1) allowed the jury to learn of the existence and nature of the letter written to Katz by Bierenbaum's psychiatrist warning her of the danger Bierenbaum posed to her; (2) allowed various people to testify about Katz's verbal statements to them describing Bierenbaum's threatening remarks and behavior; and (3) permitted the jury to watch the videotaped demonstration showing how a pilot flying solo may load a duffel bag containing a 110-pound body into a Cessna 172 airplane, fly over the ocean and eject the bag. Turn on desktop notifications for breaking stories about interest? ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. In the late 1800's, the railroad lured transients to the town's many brothels and saloons. June Sherman lived directly below the Bierenbaum apartment. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. The prosecution argued:What does he do? 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. 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. He'd done it in the past. 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. 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. She heard nothing more. Baran testified that she never told Bierenbaumthat. A forensic examination of the aircraft yielded no results. . 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. 2 reviews. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. '' The next day, the news hit that he was in New York and under arrest for murder. [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). All this means that the decision of the district court is properly affirmed. Please verify insurance information directly with your doctor's office as it may change frequently. He did not focus on Bierenbaum's having prevented a forensic search. That is not disputed. 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. I want to remind you that every individual has a right to an attorney and you can draw no negative inference from the fact that someone hires an attorney. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner.
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