He lied to both officers, telling both of them that he had remained in the apartment until approximately 5:30 p.m. when he left for the party in New Jersey. Bierenbaum's wife, Gail Katz Bierenbaum, was last seen on July 7, 1985. 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. A forensic examination of the aircraft yielded no results. 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. 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. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. Decker, 912 N.E.2d at 1043 (quoting People v. Taranovich, 335 N.E.2d 303, 306 (N.Y.1975)). . She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. 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). The prosecution argued:What does he do? that denied his petition for a writ of habeas corpus pursuant to 28 U.S.C. One of the main reasons is because the defendant wouldn't let them search the apartment. The motion was denied on September 6, 2005, and leave to appeal was denied on January 12, 2006. To his friend he related that he and Katz had an argument that morning and that she had left the apartment to sunbathe in Central Park wearing shorts, sandals and a halter top. The district court's denial of petitioner's application for a writ of habeas corpus is affirmed. Other Emergency Medicine Physicians Nearby, Emergency Medicine Physicians Nearby by Procedures, Emergency Medicine Physicians Nearby by Conditions, Fractures, Dislocations, Derangement, and Sprains, Psychological and Neuropsychological Tests, Excellus BCBS CNY Preferred Gold - Tier 1, BCBS MI Blue Care Network PCP Focus Network HMO, Capital District Physicians Health Plan PPO, Empire BCBS Blue Access Employer Sponsored, Empire BCBS Connection Employer-Sponsored, Excellus BCBS Individual Marketplace NYS QHP, MVP Health Plan Premier / Premier Plus - NY, NYS Provider & Health Excellus Blue Cross Blue Shield Essential Plan. The state court concluded therefore that defense counsel was not ineffective for failing to move to dismiss for pre-indictment delay. Location Comments: We're glad you're checking out Trillium Health. The decision not to do so was a defensible trial strategy. For more information, go to Had the defense gotten Segalas to admit that he and Katz used cocaine on several occasions, the defense suggestion that she may have been killed by drug dealers would still have been plagued by lack of evidence, as the state court noted. Law 290.10[1]. She also told DeCesare that she thought she was being followed. He also was the executive responsible for quality measures and meaningful use. 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. The decision not to call a particular witness is typically a question of trial strategy. Greiner v. Wells, 417 F.3d 305, 323 (2d Cir.2005) (quoting United States v. Luciano, 158 F.3d 655, 660 (2d Cir.1998) (per curiam)). See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). I, 6. Although there was no evidence to that effect, defense counsel did not object. 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? CALABRESI, Circuit Judge, filed a concurring opinion. You watch as it literally squeeze[s] the life out of another human being. Dr. Jason Bierenbaum is an oncologist in McKeesport, Pennsylvania and is affiliated with multiple hospitals in the area, including UPMC Presbyterian Shadyside and UPMC East. NEW YORK Dr. Robert Bierenbaum maintained his innocence in 2000 as he was tried and convicted of killing his first wife 15 years before. Bierenbaum gave detailed statements of his activities to both investigating officers in the days following Katz's disappearance. The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. 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. The police searched for Katz between her apartment and Central Park and found no trace of her. 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. 1. 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. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. 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. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). ''I feel grief, like someone has died,'' he said. She would have had to admit that she did not see Katz leave, nor could she be sure that the door was the exterior door, rather than an interior door. 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. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. Failure to request charge on territorial jurisdiction. In the 1920's, whiskey traffickers lived among the Lutheran churches and businesses. In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . visit www.rpcn.org. Bierenbaum argues that his trial counsel was ineffective for failing to request a jury charge to the effect that the prosecution must prove beyond a reasonable doubt that the crime occurred within the state of New York. 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. Feb. 25, 2008). 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. Although on this record the Appellate Division could have found a claim of lack of intent to kill unpreserved, it addressed the legal sufficiency of both elements of second degree murder: The People proved beyond a reasonable doubt that this defendant had the opportunity, the motive, and the intent to kill his victim, and that it was he who did so. Bierenbaum, 748 N.Y. S.2d at 579. Bierenbaum argues that even if it were within the range of reasonable strategic choices to concede that Katz was dead, it was not reasonable to concede that she died on the Sunday she disappeared. He told O'Malley that Katz was depressed and suicidal. 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. 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. We affirm. Members of the network collaborate on . Bierenbaum faults defense counsel for failing to impeach Segalas with his prior statements, claiming that this damaged the defense theory that Katz's drug usage and risky behavior may have led to her disappearance. vol. ''How odd is it that a murderer had dinner at my house, a Seder no less,'' said Harriet Epstein, originally from Queens, who briefly ran the only bagel store here and whose late husband, a wealthy and prominent doctor, befriended and worked with Dr. Bierenbaum. Bierenbaum, 44, was charged Tuesday with murdering Katz, loading her body into his twin-engine plane and flying out over the Atlantic to dump her in a watery grave. He was awaiting trial at his parents' home in East Orange, N.J., while his wife and daughter were in Pittsburgh. 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. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. Bierenbaum's attorney gave permission for the police to search for fingerprints and anything that might help them identify Katz. Bierenbaum also takes exception to his trial counsel's failure to object to the prosecution's contention that he prevented a complete forensic examination of the apartment. Dr. Bierenbaum carried on as a good citizen, writing an article in The Grand Forks Daily Herald about how to avoid snowblower injuries. The conviction leaves the people of Minot with a question. is dean and Professor of Medicine for the College of Medicine at Charles R. Drew University of Medicine and Science. Bierenbaum told Katz's friend Ellen Schwartz that he had spoken with Katz's therapist Dr. Baran, who had told him that Katz was very depressed and she was concerned that Katz might hurt herself. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. 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. Rochester RHIO makes your information available wherever you The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. That involved advice of counsel. ABC's '20/20 portrays how Robert Bierenbaum did not seem affected by his wife Gail Katz's disappearance in July 1985. The sufficiency of the evidence, however, is not before us. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. 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. Assuming that Katz's statements were admitted for the truth of the matters asserted,2 they meet the Roberts standard for admissibility. Please enter a valid 5-digit Zip Code. For more information, 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. vol. Robert "Rob" Biernbaum, D.O. University of New England, College of Osteopathic Medicine, Certifications:American Osteopathic Board of Emergency Medicine. School of Medicine - Loma Linda University. You'll find that we're more than just a clinic or a service provider. To prevail on such a claim under federal law, Bierenbaum must prove that the delay resulted in actual prejudice and that the prosecution's reasons for the delay were improper. Dr. Bierenbaum graduated from the Albany Medical College in 1978. And as always, patient privacy and confidentiality remain of the utmost importance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. 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 . If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. Katz was a graduate student pursuing a Ph.D. degree in clinical psychology at Long Island University. 2254(b)(1)(A). . Chokes her much harder than when he had only strangled her to unconsciousness. 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. 2120, 2008 WL 515035 (S.D .N.Y. Bierenbaum, 748 N.Y.S.2d at 583-84. In short, Minot has always been a good place to reinvent oneself or to hide. Sherman's testimony would not have undermined confidence in the jury's guilty verdict. University Of New England College Of Osteopathic Medicine. Medical School & Residency. At the close of its opinion, the Appellate Division disposed of the arguments it did not address as follows: We have examined defendant's remaining contentions and find them unavailing. Bierenbaum, 748 N.Y.S.2d at 589.