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Many of our partners in care are also providing services on site, just as they did before. Sherman believed that Katz left the apartment when the door slammed. 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. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. Today, local rumor has it, the federal witness protection program relocates people here. Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. 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 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. If you wanted to start a new life, free of reproach or inquiry, this remote prairie town of 35,500 might be the place. We review de novo a district court's decision to deny a petition for a writ of habeas corpus. The prosecution would have argued that even if the jury believed Sherman was testifying truthfully about what she heard, her testimony was consistent with the prosecution's theory that Bierenbaum killed his wife in the course of an explosive argument. ''He refused to talk to us,'' Mr. Maixner said. SECRET PAST OF COOL DOC WITH FIERY TEMPER - New York Post I also believe that the evidence of guilt is very thin. Loma Linda University . Sherman heard the noise of the high-heeled shoes, then she heard the door slam, and both the shouting and the sound of high heels on the floor stopped. University of California--Los Angeles (Geffen) - Best Medical Schools RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. In 1999 Bierenbaum was indicted and charged with murder in the second degree in her death. Feb. 25, 2008). I heard the cuffs close round hishands. She stated that he told her this before the end of September. Trial Tr. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. 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. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. Moreover, at that point in the summation, the prosecuting attorney was cataloguing what he termed Bierenbaum's lies-to Dalsass, to O'Malley, to Caruana, and several other witnesses. Consistently absent from any of his accounts of his activities on Sunday, July 7, 1985 was the fact that he rented an airplane in New Jersey that afternoon and went flying. IV, 3009-10, Oct. 18, 2000. 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. See Feliz, 467 F.3d at 232. They confronted Dr. Bierenbaum on the steps of the Trinity clinic, but he invoked his right to counsel. Albany Medical College ; 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. Baran testified that she never told Bierenbaumthat. '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. Copyright 2023, Thomson Reuters. It's still wrong and you didn't face it.'' Katz cooked steaks that night and they had a romantic candlelight dinner. 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. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Dalsass contacted several individuals whose names he had obtained from Bierenbaum or Katz's family who might have information about Katz. People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. 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. 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. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. Ive waited for that sound a long time.. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. All rights reserved. Proactive and Reactive LiesDuring the trial, defense lawyer David Lewis denounced theprosecutions murder theory as guesswork since there are noeyewitnesses or physical evidence in the death of Katz-Bierenbaum.Lewis said Katz-Bierenbaum is probably dead, but he stated thatnobody knows how or why. Katz moved out and lived for a time with her grandfather. 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. 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. Katz told DeCesare that she had gone out on the terrace of their apartment to smoke a cigarette, where he confronted her and choked her. 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. Over defense objection eleven witnesses-friends, relatives, colleagues and Katz's therapist-were permitted to testify about conversations they had with Katz between 1983 and 1985 in which she talked about the state of her marriage, her fear of Bierenbaum's temper, his controlling behavior, his threats, and an argument in 1983 during which he choked her to the point of unconsciousness. Two or three months later Bierenbaum told another of Katz's friends, Maryann DeCesare, that he thought she was waitressing by a seaside community. Robert Bierenbaum (born July 22, 1955) is an American former plastic surgeon and convicted murderer. 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). His specialties include Emergency Medicine, Family Medicine. 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. How well do you ever know anybody? Assistant District Attorney Daniel Bibb said in his summationthat Bierenbaum told proactive and reactive lies, dependingon whether he was speaking before or after someone asked aboutKatz-Bierenbaum. The affair began while Bierenbaum was vacationing in South Hampton on Long Island during the month of August, and lasted about six weeks. As a subscriber, you have 10 gift articles to give each month. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. Members of the network collaborate on . Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. Katz confided in McCullough that she was having difficulty in her marriage, and that she and Bierenbaum fought a lot. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. I join Judge Sessions's opinion fully because I believe it to be correct on the law. 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. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. In the four to six months before she disappeared she told her therapist that she was looking for an apartment so that she could separate from Bierenbaum. Gail Katz and Robert Bierenbaum were married in August 1982. Bierenbaum said he would get back to him, but did not. A New Life Re-examined; After Murder Verdict, Town Questions Doctor, https://www.nytimes.com/2000/10/30/nyregion/a-new-life-re-examined-after-murder-verdict-town-questions-doctor.html. None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. 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. At the close of the prosecution's case, defense counsel move[d] for a trial order of dismissal of the single count of the indictment because the People failed to establish every element of the crime charged[,] and this case particularly in its circumstantial nature is insufficient to go forward for a jury resolution. Trial Tr. Former NY surgeon admits killing wife, throwing body from airplane in 1985 (NCD) (NCD) NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing . When O'Malley followed this up in a second conversation, Bierenbaum said that Edgar was now not sure whether he'd seen her on that or another day. 20 by Justice Leslie Crocker Snyder. It was not unreasonable for the Appellate Division to conclude that the reliability of Katz's statements was amply supported. Id. Defense counsel made no contemporaneous objection, but after the summation and before the jury charge he moved for a mistrial on that and other grounds. Proc. 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. Failure to object to summation remarks. In fact, the police were not permitted to conduct a forensic search of the apartment. 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. The faculty-student ratio at . 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. 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. '' The next day, the news hit that he was in New York and under arrest for murder. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. 2254(b)(1)(A). 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.. Robert "Rob" Biernbaum, D.O. Hillard Wiese, Katz's cousin, testified that Katz reported to him in the fall of 1983 that she had an argument with her husband during which he had choked her to unconsciousness. Nontestimonial statements therefore do not implicate the Confrontation Clause. 28 U.S.C. Stephanie Youngblood Now: Where is Robert Bierenbaum's Second Wife ''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. Directly following this argument he alluded to the films Panic in Needle Park, and Looking for Mr. Goodbar, and suggested, in a similar vein, that these movies did not prove that Katz's drug use and risky behavior were connected to her death. ''Most people don't know that Minot, North Dakota, is on the face of the map, so why come here?'' 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. She also told DeCesare that she thought she was being followed. No one in the group would admit to shock when learning of the doctor's past, though the word ''surprise'' brought forth some thoughtful ''mmm-hmms.'' E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). Even Dr. Chollet's brother, also a physician, had earlier been recruited to work there. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. Bierenbaum gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. Dr. Robert Biernbaum, DO, Emergency Medicine - WebMD 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. He faces 25 years to life and is to be sentenced on Nov. 20. Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 2006. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. 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. United States v. Langella, 776 F.2d 1078, 1083 (2d Cir.1985) (citing Lovasco, 431 U.S. at 790); accord United States v. Cornielle, 171 F.3d 748 (2d Cir.1999). 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.. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. He only stopped when she was dead We think about the intimacy of strangulation. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For more information, go to Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. as the organization's new Chief Medical Officer.. at 1889. 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.