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None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. 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. Think about him looking at her while he squeezes the life out of her. 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. This was the same year that a partial female body washed ashore in Staten Island, New York. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. ''And people would just be like, 'Hey buddy, don't touch me. Anyone can read what you share. If a state court decision rests on a state law ground that is independent of the federal question and adequate to support the judgment, Coleman v. Thompson, 501 U.S. 722, 729 (1991), we will not review the issue. as the organization's new Chief Medical Officer.. The educational structure is rigorous, but the real draw of this school is the open and accepting atmosphere. 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. Bierenbaum was sentenced on November 29, 2000. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. . Petitioner-Appellant Robert Bierenbaum was convicted after a jury trial of murder in the second degree, see N.Y. He is a native Rochesterian with roots in Pittsford and Victor. 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. 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. participates with the Rochester RHIO. Given that the testimony was independently admissible, and the trial court gave a curative instruction in connection with the improper closing argument, defense counsel's mistaken reference to a forensic search did not open the door to prejudicial comments. Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 2006. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. He called Katz's mother to see if she had heard from Katz, and went to bed. Alayne Katz testified that her sister told her about a letter she had received from Bierenbaum's psychiatrist warning her about Bierenbaum's potential for dangerousness and advising her to move out. Instead the People were allowed to offer such evidence or introduce such evidence solely as probative of or relevant to or to demonstrate defendant[']s intent[-]as they claim[-]to murder Gail Katz Bierenbaum as probative of his identity as the person they claim committed the murder and when they summed up to you and made their arguments, I allowed those arguments on those points. But his life in Minot was already fraying. In 1998 the investigation was reopened, and the body was exhumed and determined by DNA comparison not to be Katz. School of Medicine - Loma Linda University. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. The location you tried did not return a result. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. ''We worry about today and tomorrow here, not last week.''. By last December, the life he had built was over. Dalsass asked Bierenbaum to narrate specifically and exactly how he spent the weekend that Katz disappeared. Katz also told Kasenbaum that she had gotten a letter from Bierenbaum's psychiatrist. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. Many of our partners in care are also providing services on site, just as they did before. Failure to request charge on territorial jurisdiction. Law 470.05[2]. Katz moved out and lived for a time with her grandfather. The police searched for Katz between her apartment and Central Park and found no trace of her. Under Roberts, the statements of an unavailable hearsay declarant were admissible only if [they bore] adequate indicia of reliability, which could be satisfied by demonstrating that the evidence fell within a firmly rooted hearsay exception, or that the evidence had particularized guarantees of trustworthiness. 448 U.S. at 66. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. 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. That is not disputed. Location Comments: We're glad you're checking out Trillium Health. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. The respondents argued this position below, but on further review have withdrawn their argument, agreeing with Bierenbaum that he presented his constitutional claim in his letter brief submitted to the New York Court of Appeals on December 10, 2002. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. Although trial counsel made no contemporaneous objection to the summation, before the jury was charged he moved for a mistrial on this and other grounds.5 The trial court denied the motion, finding that the prosecution had not argued propensity, but that the incident was probative of other issues in the case, particularly intent. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. 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. '' The next day, the news hit that he was in New York and under arrest for murder. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. Contact us. No one, other than Bierenbaum, reported seeing Katz after July 6. Please verify insurance information directly with your doctor's office as it may change frequently. 2. Her body was never found. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. He did not find anything. 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 same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. Bierenbaum claims that his counsel was ineffective because his motions did not specify that he was challenging the element of intent to kill, and that therefore he could not seek review of this claim on direct appeal. She heard nothing more. Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. The prosecution argued:What does he do? 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. 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. 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. 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. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. In addition to the evidence detailed above, the prosecution marshaled a wealth of circumstantial evidence that, in the words of the Appellate Division, when attentively review[ed] and critically assesse[d] , and after applying all natural and reasonable inferences, led to the inescapable conclusion that Bierenbaum murdered his wife on July 7, 1985, and the evidence excludes beyond a reasonable doubt any reasonable hypothesis of innocence. People v. Bierenbaum, 748 N.Y.S.2d 563, 574 (N.Y.App.Div.2002). Failure to properly object to the admission of the videotaped demonstration. Janet and the baby are fine. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). On February 25, 2008, the district court denied the petition without conducting an evidentiary hearing. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). 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. Failure to object to summation remarks. Robert Hickman, MD, is a board-certified physician providing primary care through One Medical, an independent, membership-based practice with an annual fee. Claim your profile (701) 780-5260 . He chokes her to death. He knew in July of 1985, what it would take to render her unconscious. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. 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. it is a first professional graduate degree awarded upon graduation from medical school. Dr. Sybil Baran, Katz's therapist, testified that Katz was afraid of Bierenbaum's anger. 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. Katz told him that she was going to move in with her friend Ellen Schwartz in Connecticut. Boys don't touch boys here.' Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. Kasenbaum saw Katz on the day before 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. ''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. The decision not to call Alvarez was within the range of acceptable strategic and tactical alternatives. Luciano, 158 F.3d at 660. His specialties include Emergency Medicine, Family Medicine. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. 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. 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. In the 15 years since his wife, Gail Katz-Bierenbaum, disappeared, Dr. Bierenbaum remarried, had a baby girl and built a thriving medical practice in Minot, N.D. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. All rights reserved. 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. Its tuition is full-time: $38,920 (in-state) and full-time: $51,175 (out-of-state). He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. I, 1881, Oct. 2, 2000. With your consent, your healthcare 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. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search .