The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. 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 . Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. [T]he question of whether a federal constitutional question was sufficiently asserted in state courts to form the basis of a federal habeas petition is a question of federal law which the federal courts must resolve for themselves. Acosta v. Artuz, 575 F.3d 177, 185 (2d Cir.2009) (quoting DiSimone v. Phillips, 461 F.3d 181, 189 (2d Cir.2006)). People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. 8. DeCesare testified that Katz told her that Bierenbaum had threatened to kill her if she left him. The defense called one witness, Joel Davis. 2005 - 2023 WebMD LLC. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. Cardiovascular Disease, Internal Medicine. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. He does not tr[y] to defuse the situation. 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. Dr. Bierenbaum told locals that he loved his new town for being free of traffic and crime. Today, local rumor has it, the federal witness protection program relocates people here. 2120, 2008 WL 515035 (S.D .N.Y. ''Murderer'' is the word Ms. Katz-Bierenbaum's sister, Alayne Katz, consistently used to describe 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. You'll find that we're more than just a clinic or a service provider. In 1985 Segalas had told Detective Dalgass that he and Katz used cocaine on numerous occasions. RochesterHealth.com is a nonprofit 501(c)(3) community-centered website serving as a connection to Rochester-area healthcare resources. As Dr. Bierenbaum's social efforts overcame the reserve of his new neighbors, his old neighbors were busy digging up his past. Medical School & Residency. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. It was a reasonably defensible legal strategy to conclude that on the state of the evidence at trial the jury should be asked to make a choice between two, not three theories of the case. Please verify insurance information directly with your doctor's office as it may change frequently. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. See Feliz, 467 F.3d at 232. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . He did not find anything. Segalas and Katz used cocaine together. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. The police searched for Katz between her apartment and Central Park and found no trace of her. The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. Write a Review . Upon selling their Minot condominium, Dr. Bierenbaum took to sleeping on a folding cot in the hangar beside his airplane and showering in the hospital where he still treated patients. At 4:30 p.m. he was already in New Jersey, flying his rented airplane. Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. In Whorton v. Bockting, 549 U.S. 406, 421 (2007), the Supreme Court held that Crawford announced a new rule that would not apply retroactively on collateral review. 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. The state court's conclusion was a reasonable application of Strickland. 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? He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. In fact, the police were not permitted to conduct a forensic search of the apartment. 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. 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. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . When the trial court's attention was drawn to this error, it refused to order a mistrial, but offered an instruction, admonishing the jury that it could draw no negative inference from an individual's acting on advice of counsel. Even Dr. Chollet's brother, also a physician, had earlier been recruited to work there. 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. Wiese advised her to leave immediately. Anthony Segalas testified at trial that he and Katz used cocaine together twice. He said, 'I just have a lot on my mind.' WebMD does not provide medical advice, diagnosis or treatment. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. The things you loved about AIDS Care have not changed as a result of our name change. 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. 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. 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. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. 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. The Confrontation Clause of the Sixth Amendment to the United States Constitution states: in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him. U.S. Const. Bierenbaum had contacted O'Malley on July 10 to inquire about the progress of the investigation. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. Over the years between Katz's disappearance and his trial for her murder, Bierenbaum offered various accounts of his activities and various theories concerning her whereabouts. Ive waited for that sound a long time.. ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. I heard the cuffs close round hishands. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. Anyone can read what you share. 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. Grand Forks, ND 58201 . at 1889. Robert "Rob" Biernbaum, D.O. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. 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.'' And as always, patient privacy and confidentiality remain of the utmost importance. Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. 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.. His wife, Gail Katz-Bierenbaum, 29, vanished on July 7, 1985.Her body was never recovered, and the prosecutions case was basedmainly on circumstantial evidence. Bierenbaum contends that even if Alvarez's recollection was shaky, his testimony was essential to counter the prosecution's argument that Bierenbaum lied when he told Detective O'Malley that a doorman named Edgar had seen Katz leave the building. 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. During the trial defense counsel unsuccessfully attempted to serve Sherman, who had moved to Arizona. June Sherman lived directly below the Bierenbaum apartment. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. Feb. 25, 2008). It ranks in the top 20 in the United States for both research and primary care. Dr. Robert Bierenbaum . '', See the article in its original context from. 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. 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. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. Turn on desktop notifications for breaking stories about interest? 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. 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. ''. 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. Copyright 2023, Thomson Reuters. Before long, Dr. Bierenbaum, a plastic surgeon, and his wife, Dr. Janet Chollet, an obstetrician-gynecologist, had settled in to medical practices, pitched in on community projects, had a home, a dog and a baby on the way. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. She also told DeCesare that she thought she was being followed. Denise Kasenbaum, a friend, testified that Katz had told her there were problems in the marriage, incidents of violence, that Bierenbaum was very controlling, and that she was not happy. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. 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. Bierenbaum was sentenced on November 29, 2000. Bierenbaum's counsel explained that he was concerned that a contemporaneous objection would have prompted the trial court to sum up in favor of the prosecution, in other words, to highlight for the jury the argument that counsel found objectionable. Surgery, Internal Medicine. vol. He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. Edgar Rivera told the police that he did not remember seeing Katz on July 7. 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. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. Three times Rowley loaded a bag containing one hundred ten pounds of sand and rice into the plane, flew out over the ocean, and ejected the bag, each time performing a different maneuver to get the bag out of the plane. 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. The next morning he went to work, and that evening reported Katz missing. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. Although there was no evidence to that effect, defense counsel did not object. Randy Schwann, Trinity's marketing director, explained why Dr. Chollet and her husband, along with physicians from places like Walter Reed Army Medical Center and UCLA Medical Center, were recruited here. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. Dr. Bierenbaum specializes in lung cancer, gastrointestinal cancers, and myelodysplasia. The probable truth, Bibb said, is that Bierenbaum strangled hiswife in their Upper East Side Manhattan apartment after she toldhim she was leaving their loveless and sometimes violent marriagefor another man. 06 Civ. 1200 S Columbia Rd, Grand Forks, ND, 58201. Relief and SorrowWhen the verdict was read, the victims sister, Alayne Katz ofIrvington, N.Y., burst into tears and slumped over the leg of herbrother, Steven, shaking and sobbing. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. 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.