University of New England College of Osteopathic Medicine. 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. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. 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. Rochester RHIO. Medical School / Professional School: The videotapes were subsequently offered into evidence without objection. As physician and friend Marvin proved himself a real . People here were on their guard at first because he dressed differently, had longer hair and a ''weird intensity'' about him. If the jury concluded beyond a reasonable doubt that Bierenbaum committed the murder, the jurors would not have harbored a reasonable doubt that it occurred in the apartment. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. I, 1889. Darrel Williams, a prominent eye surgeon and one of Dr. Bierenbaum's closest friends here, recalled of that morning, ''He looked a little haggard and seemed to be rushing around.'' Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. 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. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. 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. vol. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. 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. 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. Please enter a valid 5-digit Zip Code. 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. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. 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. It is possible. (This case turns on the lack of evidence.) In order to put the absence of physical evidence in context, the prosecution would have been permitted to inform the jury that the police were constrained to a limited search of the apartment several weeks after the disappearance. He had blocked the police from searching their Manhattan apartment. Bierenbaum, 748 N.Y.S.2d at 583-84. Dr. Robert Bierenbaum is a trained pilot serving 20 years to life in prison for the 1985 murder of his wife, Gail Katz. Of course, there is another explanation for what drew Dr. Bierenbaum here: the changes in medicine that have allowed the Trinity Health Center, where he worked, to become a regional hub. Bierenbaum said that she had gone out earlier in the day and had not returned to their apartment. Bierenbaum was sentenced on November 29, 2000. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. A state court's determination of a factual issue is presumed to be correct, and may only be rebutted by clear and convincing evidence. Defense counsel did not move to dismiss the indictment for undue delay. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. 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. The performance was videotaped, and the jury was shown the tapes. 2254. This was the same year that a partial female body washed ashore in Staten Island, New York. Dr. Robert Bierenbaum is a health care provider primarily located in Grand Forks, ND. He testified that Katz discussed with him her wish to leave her husband, their constant fights and arguments, and one argument during which Bierenbaum put his hands to her neck. Grand Forks, ND 58201 . 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. 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. Robert moved to Las Vegas, Nevada in 1989 and set up a medical practice in the city. Sherman would have testified that she believed Katz left the apartment after the door slammed. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. If you wanted to start a new life, free of reproach or inquiry, this remote prairie town of 35,500 might be the place. Counsel suggested in his opening statement that You will also learn that she had a drug issue and you will learn at least one of the lovers Gail Katz Bierenbaum took behind Dr. Bierenbaum's back was also someone she shared drugs with, and you will learn it from his own testimony. Trial Tr. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It was not objectively unreasonable to do so. According to her affidavit, she was acutely aware of Katz, who frequently screamed at her husband and walked around noisily in high-heeled shoes. 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. vol. asked Stephanie, a bookkeeper in town who was treated by Dr. Bob and who asked that her last name not be used. 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. 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. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. at 3107, Oct. 23, 2000. One of the main reasons is because the defendant wouldn't let them search the apartment. In the late 1800's, the railroad lured transients to the town's many brothels and saloons. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. 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. 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. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. They later moved to. He is a member of the UC San Diego Health Physician Network. Forensic tests of two automobiles that Bierenbaum was driving at the time also yielded no results. I heard the cuffs close round hishands. dr robert bierenbaum medical schoolaiken county sc register of deeds dr robert bierenbaum medical school . 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. Penal Law 125.25[1]. He told the detective that he remained at home until approximately 5:30 p.m., when he left for New Jersey. After an eight-day trial by jury in October 2000 before the Honorable Leslie Crocker Snyder in the Supreme Court of the State of New York, County of New York, the jury returned a verdict of guilty to the charge. 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. School of Medicine - Loma Linda University. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. Members of the network collaborate on . We review de novo a district court's decision to deny a petition for a writ of habeas corpus. Ive waited for that sound a long time.. 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. The sufficiency of the evidence, however, is not before us. He told O'Malley that Katz was depressed and suicidal. A forensic examination of the aircraft yielded no results. Feb. 25, 2008). He said that he had called Katz's mother and two of her friends to see if she was there. 2120, 2008 WL 515035 (S.D.N.Y. 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. Although there was no evidence to that effect, defense counsel did not object. Katz recounted an incident when Bierenbaum discovered her smoking a cigarette, got very angry, came at her and choked her. Write a Review . The story of Dr. Robert Bierenbaum, a plastic surgeon who practiced in Grand Forks and Minot and later was convicted for the murder of his wife in their Manhattan apartment, will air in a two-hour . 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. vol. 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.. 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. at 583. See People v. McLaughlin, 606 N.E.2d 1357, 1359 (N.Y.1992) ([F]or the State to have criminal jurisdiction, either the alleged conduct or some consequence of it must have occurred within the State.). Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. The next morning he went to work, and that evening reported Katz missing. 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. On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. 4. Ladies and gentlemen, eyeballing the bathtub and walking around the apartment are no substitute for a complete forensic search . Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Bierenbaum had been out on $500,000 bail. 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 . vol. '', See the article in its original context from. Under New York law, a motion to dismiss for insufficient evidence must be specifically directed at the alleged error. People v. Gray, 652 N.E.2d 919, 921 (N.Y.1995) (internal quotation marks omitted). 2 reviews. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. 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. Throughout Bierenbaum's trial and the direct appeal of his conviction, the admission of statements by a declarant not present at trial was governed by Ohio v. Roberts, 448 U.S. 56 (1980), abrogated by Crawford v. Washington, 541 U.S. 36 (2004)). 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. He'd done it in the past.