vol. Dalsass contacted several individuals whose names he had obtained from Bierenbaum or Katz's family who might have information about Katz. 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. 2. 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. Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. 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. 2120, 2008 WL 515035 (S.D .N.Y. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. 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. The motion was denied on September 6, 2005, and leave to appeal was denied on January 12, 2006. He described her to the jury as deeply tanned, about five foot one, with a well-developed body. Katz cooked steaks that night and they had a romantic candlelight dinner. She stated that he told her this before the end of September. 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. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). 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. 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. 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. Rochester RHIO makes your information available wherever you He only stopped when she was dead We think about the intimacy of strangulation. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. Feb. 25, 2008). 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. 2005 - 2023 WebMD LLC. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. Anthony Segalas testified at trial that he and Katz used cocaine together twice. 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. Graduate School. Although defense counsel mistakenly referred to the search of Bierenbaum's apartment as a forensic search, omitting the term forensic from counsel's opening statement would not have prevented the prosecution from eliciting Dalsass's testimony that a limited search of the apartment was conducted several weeks after Katz disappeared. Indeed, Bierenbaum does not argue to this Court (except parenthetically) that the challenged hearsay declarations were in fact unreliable. See United States v. Lovasco, 431 U.S. 783, 789 (1977). It is not offered for such a purpose and it must not be considered by you for such a purpose. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. The decision not to do so was a defensible trial strategy. The same compassionate staff continues to provide personalized service in the same warm, caring atmosphere you have come to expect. Never, Bibb told the jurors shortly before they begandeliberations, did Bierenbaum, who has a pilots license, evermention that he had spent nearly two hours flying an airplane theafternoon after his wife was last seen. at 3107, Oct. 23, 2000. Today, local rumor has it, the federal witness protection program relocates people here. Your recollection controls. Pro. In a December parole hearing, however, Bierenbaum,. Id., 744 N.E.2d at 131 (citations, internal quotation marks and ellipses omitted). . He works in Rochester, NY and 8 other locations and specializes in Emergency Medicine and Family Medicine. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. Robert BIERENBAUM, Petitioner-Appellant, v. Harold D. GRAHAM, The Superintendent of Auburn Correctional Facility, Andrew Cuomo, Attorney General State of New York, Respondents-Appellees. ANGELA ABRAHAM. He had blocked the police from searching their Manhattan apartment. They would have to have ignored the fact that when asked about that Sunday fifteen years ago, Alvarez, like Rivera, did not recall seeing Katz leave the building. View info, ratings, reviews, specialties, education history, and more. In July, early in the investigation, Dalsass asked Bierenbaum if he could look around the apartment. TimesMachine is an exclusive benefit for home delivery and digital subscribers. Sherman's testimony would not have undermined confidence in the jury's guilty verdict. 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. Bierenbaum told Karnofsky that the police had asked him if he had removed the apartment rug or had it cleaned, and that he had answered that he had not. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. 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. He said, 'I just have a lot on my mind.' 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. Doctor of Osteopathic (DO) Dr. Kenneth Feiner developed a romantic relationship with Katz in the months prior to her disappearance. Law 290.10[1]. 28 U.S.C. In 1999 Bierenbaum was indicted and charged with murder in the second degree in her death. ''And people would just be like, 'Hey buddy, don't touch me. Surgery, Internal Medicine. 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. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. 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. How well do you ever know anybody? He requested an evidentiary hearing. His anger at his wife. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' These are not the acts of a suicidalperson, she said. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. 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. 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. 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. Although Gail's family believed he was responsible for the disappearance, the police could not build a case for a long time as they lacked the body and concrete . He contends that the videotapes lacked any foundation in the evidence and were based on speculation. Given that the videotapes were neither speculative nor lacking in foundation, counsel was not ineffective for failing to object to their admission on that basis. He does not tr[y] to defuse the situation. In summation, counsel attacked the prosecution's use of the videotapes that showed how a body could have been loaded into an airplane and dropped into the sea, asserting that the videotapes did not supply proof of what happened to Katz. Members of the network collaborate on . 5. The performance was videotaped, and the jury was shown the tapes. Grand Forks, ND 58201 . Im very relieved, said Alayne Katz. Think about the defendant. The Appellate Division did not explicitly address Bierenbaum's confrontation clause claim,1 and the Court of Appeals denied leave to appeal without explanation. That is one of the theories that could have happened. As physician and friend Marvin proved himself a real . On October 17, 1986 she learned that Bierenbaum had rented an airplane from Mac Dan Aircraft Rental at Caldwell Airport in Fairfield, New Jersey on July 7, 1985, the day Katz disappeared. Proc. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Robert Bierenbaum, a former plastic surgeon who was convicted of murdering his wife in 2000, finally confessed to killing her and throwing her body out of an airplane after more than three decades of maintaining his innocence. In 1985 Segalas had told Detective Dalgass that he and Katz used cocaine on numerous occasions. He did not focus on Bierenbaum's having prevented a forensic search. Bierenbaum suggests now that a jury could have concluded that if he killed his wife on July 7, 1985, he might have done so in New Jersey and not in New York. Rather, the tape's contents clearly demonstrate the feasibility of the People's theory of this case, a theory which all of the circumstantial proof together overwhelmingly shows. Bierenbaum, 748 N.Y.S.2d at 589 (dictum). Alayne Katz, Katz's sister, testified that Katz had called her in the fall of 1983, extremely upset, and told her that her husband had tried to strangle her, that she lost consciousness, Bierenbaum revived her and apologized profusely. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). 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). He returned from New Jersey at approximately midnight. One of the main reasons is because the defendant wouldn't let them search the apartment. 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. Investigators with the Manhattan district attorney's office arrested him in Minot, and gave him 48 hours to return to New York and surrender. Baran testified that she never told Bierenbaumthat. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. 1. 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. Robert "Rob" Biernbaum, D.O. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. Cardiovascular Disease, Internal Medicine. 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 things you loved about AIDS Care have not changed as a result of our name change. 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). All rights reserved. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. Phone: (585) 754-7858,(585) 545-7200. Bierenbaum, 44, clasped his hands in front of him and loweredhis head when the verdict was read by the jury forewoman inManhattan State Supreme Court. Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. ''Going to other states and acting like you're innocent? About Robert Bierenbaum . Rochester RHIO. 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. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. 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. He also was the executive responsible for quality measures and meaningful use. 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. It is possible. The Appellate Division held that Bierenbaum had not effectively protested the admission of the videotapes under New York's preservation rule, which require[s], at the very least, that any matter which a party wishes the appellate court to decide have been brought to the attention of the trial court at a time and in a way that gave the latter the opportunity to remedy the problem and thereby avert reversible error. Richardson v. Greene, 497 F .3d 212, 218 (2d Cir.2007) (quoting Garcia v. Lewis, 188 F.3d 71, 78 (2d Cir.1999)); see N.Y.Crim. 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. To the owner of Bierenbaum's vacation rental property in South Hampton, he speculated that Katz had a drug problem and that she had disappeared with drug dealers. 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.. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. 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. Medical School / Professional School: About three weeks after Katz disappeared, Bierenbaum began an affair with Karen Caruana, a nurse educator at Maimonides Medical Center where Bierenbaum was a surgical resident. Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. He chokes her to death. He knew in July of 1985, what it would take to render her unconscious. Close to midnight that evening Bierenbaum telephoned Dr. Yvette Feis, one of Katz's friends, asking if she knew where Katz was. '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. 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. The location you tried did not return a result. Please verify insurance information directly with your doctor's office as it may change frequently. Bierenbaum, 748 N.Y.S.2d at 583-84. He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. Defense counsel did not move to dismiss the indictment for undue delay. Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. Failure to object to summation remarks. We may not consider a state prisoner's application for a writ of habeas corpus unless the applicant has exhausted available state remedies by fairly present[ing] his claim in each appropriate state court (including a state supreme court with powers of discretionary review). Baldwin v. Reese, 541 U.S. 27, 29 (2004) (internal quotation marks omitted); accord Georgison v. Donelli, 588 F.3d 145, 153 (2d Cir.2009); see 28 U.S.C. 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. 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). See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). participates with the Rochester RHIO. The three psychiatrists, who treated Dr. Bierenbaum briefly in 1983, when he and his wife lived on the Upper East Side, warned his wife at the time that she was in danger. Robert Bierenbaum married his second wife, Dr. Janet Chollet, after moving to Las Vegas, Nevada, and the couple had a child together, according to The Charley Project. ''I have no idea what you've done in the past, you have no idea what I've done,'' Mr. Hussey concluded last week, after the verdict, seated in a restaurant near Minot International Airport, which has one baggage carousel. Please enter a valid 5-digit Zip Code. '' The next day, the news hit that he was in New York and under arrest for murder. 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. 2 reviews. 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. Katz moved out and lived for a time with her grandfather. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. ''. 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. 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. All rights reserved. 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. One of his duties was to relieve the doorman at lunchtime. I heard the cuffs close round hishands. Friends and family posted pictures of Katz in the neighborhood. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. The educational structure is rigorous, but the real draw of this school is the open and accepting atmosphere. 9. ''Murderer'' is the word Ms. Katz-Bierenbaum's sister, Alayne Katz, consistently used to describe him. Dr. Bob Robert "Bob" Bierenbaum loved planes from the moment he came to understand what one was. ''But he was just like, 'Anything to do to help.' 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 request charge on territorial jurisdiction. He was convicted in October 2000 of having murdered his estranged wife, Gail Katz-Bierenbaum 15 years earlier in their Manhattan apartment on July 7, 1985. I believe the representation given to Appellant by his trial counsel left a lot to be desired, though, for the reasons stated in Judge Sessions's opinion, it does not ultimately amount to constitutionally inadequate representation. He did not see her return. She wanted to know whether Bierenbaum had flown an airplane on the day of his wife's disappearance. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. With bitter winters and little company, residents here have little use for moral condemnation. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. Write a Review . We disagree. New's 2023 Best Medical School Rankings, UCLA's David Geffen School of Medicine ranks higher in its primary care and research compared to other medical schools in L.A. But his exotic skills and civic spirit soon won over the town: he published a bagel recipe in the local newspaper, read Hebrew amid the 20-some congregants of the tiny clapboard synagogue, even flew members of the Rotary Club to Mexico in his twin-engine Comanche to give free medical care to orphans. WebMD does not provide medical advice, diagnosis or treatment. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. We review de novo a district court's decision to deny a petition for a writ of habeas corpus. 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 . She also told DeCesare that she thought she was being followed. In fact, the police were not permitted to conduct a forensic search of the apartment. IV, 3009-10, Oct. 18, 2000. 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. Is this you? When a state court has adjudicated the merits of a petitioner's claim, a federal court may grant an application for a writ of habeas corpus only if the adjudication of the claim-(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 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. 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.