The defense called one witness, Joel Davis. Robert "Rob" Biernbaum, D.O. Please try again. He is a member of the UC San Diego Health Physician Network. [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)). ''. 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. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). At 4:30 p.m. he was already in New Jersey, flying his rented airplane. That is one of the theories that could have happened. 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. 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.). On appeal to the Appellate Division, First Department, Bierenbaum argued that his guilt was not proven beyond a reasonable doubt. Rochester RHIO makes your information available wherever you For more information, go to 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. 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. Dr. Robert Bierenbaum, then 39, an intense New Yorker with piercing eyes and an in-your-face manner, seemed misplaced amid the brawny and laconic citizenry. 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. Gail Katz and Robert Bierenbaum were married in August 1982. 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). 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. Anthony Segalas testified at trial that he and Katz used cocaine together twice. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. He received a medical degree at Eastern Virginia Medical . ''Ten years ago we were a hospital, and now we're a health system,'' Schwann said, with 80 physicians, 7 community clinics and eye-care and mental-health programs. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. Katz moved out and lived for a time with her grandfather. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. Again, we disagree. ''Most people don't know that Minot, North Dakota, is on the face of the map, so why come here?'' 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. Medical School & Residency. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. 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. One of his duties was to relieve the doorman at lunchtime. 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). gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. Graduate School. The performance was videotaped, and the jury was shown the tapes. Albany Medical College ; Do Not Sell or Share My Personal Information. For more information, He'd done it in the past. 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. 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. 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. TimesMachine is an exclusive benefit for home delivery and digital subscribers. 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. First of all, it is not disputed by us that Gail Katz Bierenbaum is dead. Bierenbaum told O'Malley that he and Katz had a mild argument Friday night which continued on Saturday, whereupon Katz told him that she was going to Central Park to cool off at about 11 a.m. Bierenbaum said that he had spent some time at the apartment waiting for Katz to return, but then left at some point to visit his family in New Jersey. Under New York law, the prosecution must establish good cause for extended delay, but a determination made in good faith to delay prosecution for sufficient reasons will not deprive defendant of due process even though there may be some prejudice to defendant. People v. Decker, 912 N.E.2d 1041, 1042 (N.Y.2009); see N.Y. Const. We've now expanded our services to include comprehensive medical care for HIV negative and LGBT communities. All rights reserved. ''He'd come up to you if he saw a mole, and he would touch it,'' Mr. Hussey said. 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 . Contact us. IV, 3194, 3227-28. vol. But his life in Minot was already fraying. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Dalsass testified that Bierenbaum's attorney gave permission for the police to conduct a limited search for items that might help to identify Katz. With bitter winters and little company, residents here have little use for moral condemnation. Loma Linda University . Few questioned Dr. Bob, as they called him, who was convicted last week of murdering his first wife. Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. (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. Dalsass contacted several individuals whose names he had obtained from Bierenbaum or Katz's family who might have information about Katz. This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. ''Helpful'' is the word most people use here to describe Dr. Bierenbaum, a man who fixed his colleagues' computers and brought his neighbors chicken soup. He also devoted time to charitable . Chokes her much harder than when he had only strangled her to unconsciousness. 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. Stay up-to-date with how the law affects your life. 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. 2 reviews. He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. Her body was never found. 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. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. Some in Minot now think of Dr. Bierenbaum's good works as an effort to expiate guilt. ''But he was just like, 'Anything to do to help.' The trial court also thereafter advised the jury: I have allowed the People to introduce evidence that on another occasion this defendant committed a prior, what we call legally []bad act, [] to wit, the strangling of Gail Katz Bierenbaum to unconsciousness and that was allowed in for certain limiting purposes and I want to make that very clear, as I did at the time such evidence was admitted. 1. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. She states that on the morning Katz disappeared, Katz was screaming at someone. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. All rights reserved. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. At the close of the prosecution's case, defense counsel move[d] for a trial order of dismissal of the single count of the indictment because the People failed to establish every element of the crime charged[,] and this case particularly in its circumstantial nature is insufficient to go forward for a jury resolution. Trial Tr. 2005 - 2023 WebMD LLC. ''We're from North Dakota and we trust people,'' said Mike Berg, a retired pharmacist and former head of the Rotary Club, who flew to Mexico with Dr. Bob. 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? Dr. Sybil Baran, Katz's therapist, testified that Katz was afraid of Bierenbaum's anger. Bierenbaum was charged with murder in the second degree in an indictment returned December 8, 1999. 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. Bierenbaum, currently a resident of Grand Forks, N.D., faces amaximum term of 25 years to life in prison when he is sentencedNov. Caruana testified that Bierenbaum told her that his apartment and car had been searched and that he was clean as far as any police investigation was concerned. In the week after Katz was reported missing, Dalsass left several telephone messages for Bierenbaum, none of which were returned. He did not see her return. When O'Malley followed this up in a second conversation, Bierenbaum said that Edgar was now not sure whether he'd seen her on that or another day. 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. 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. 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. 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. By last December, the life he had built was over. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. The next morning he went to work, and that evening reported Katz missing. 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. vol. Dalsass had numerous telephone calls from members of Katz's family during that same time period. 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). These are not the acts of a suicidalperson, she said. [Bierenbaum] tells Karen Caruana, You know the cops searched my apartment. 2005 - 2023 WebMD LLC. '' But when they learned he was a plastic surgeon and was checking for cancer, they softened. The application fee at University of California--Los Angeles (Geffen) is $95. He said that he had called Katz's mother and two of her friends to see if she was there. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. His wife had decided to leave medicine and begin law school about 200 miles away in Grand Forks, N.D., where she moved, creating a hectic commuter marriage. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. He faces 25 years to life and is to be sentenced on Nov. 20. The Appellate Division found the error unpreserved, and declined to review it. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. 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. The decision not to do so was a defensible trial strategy. Segalas testified that Katz told him she was in a very unhappy marriage, that she was afraid of her husband and that he had tried to strangle her once. 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. The torso was ruled out as belonging to Ms. Katz-Bierenbaum, whose remains have never been found. Bibb said one lie was that after Katz-Bierenbaum disappeared, aprivate investigator told the cosmetic surgeon that his wife was awaitress at a seaside resort in California. Failure to request charge on territorial jurisdiction. 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. ''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. In short, Minot has always been a good place to reinvent oneself or to hide. The police searched for Katz between her apartment and Central Park and found no trace of her.

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