(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 completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Bierenbaum faults the district court for concluding that counsel's efforts to secure her testimony were diligent, and concluding that failure to present her testimony did not prejudice the defense. She heard nothing more. Katz had an affair with Anthony Segalas, an investment banker, during the summer of 1984 and the spring of 1985. Bierenbaum argued undue pre-indictment delay to the state court in his motion to set aside the judgment. Pablo Alvarez was employed at the apartment building in 1985. 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. Bierenbaum told locals that he loved his new town for being free of traffic and crime. Defense counsel decided not to call Alvarez. vol. vol. Prior to trial Bierenbaum's attorney moved to dismiss the indictment, contending that the evidence presented to the grand jury failed to prove that New York had jurisdiction to prosecute him for the murder, because assuming that Katz was dead, there was no evidence that her death occurred in New York. Boys don't touch boys here.' Bierenbaum was sentenced on November 29, 2000. See Bierenbaum, 748 N.Y.S.2d at 589. 7. 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. The passage quoted above demonstrates that the Appellate Division found particularized guarantees of trustworthiness in the challenged statements. 28 U.S.C. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. Penal Law 125.25[1]. 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. 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. The evidence at trial was set forth in detail in the district court's February 25, 2008 opinion, and we recount below only the evidence necessary to resolve the issues presented on appeal. 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. All rights reserved. ''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. When the prosecution gave notice during trial that it had provided copies of the videotapes to the defense, counsel stated I suspect we'll object. The trial judge responded And I suspect I'll allow it. Trial Tr. These included Ellen Schwartz, Francesca Beale, Katz's therapist Dr. Sybil Baran, Anthony Segalas and Kenneth Feiner. On appeal to the Appellate Division, First Department, Bierenbaum presented, among other questions, the following: Whether Dr. Bierenbaum was denied a fair trial by the improper admission of widespread testimony recounting statements purportedly made by Ms. Bierenbaum, which did not satisfy any hearsay exception or the confrontation clause of the state and federal constitutions ? Similarly, in his letter seeking leave to appeal to the New York Court of Appeals, he argued that leave should be granted to review the admissibility of background evidence through hearsay declarations, whether in domestic violence cases or otherwise, and to consider whether admission of such evidence denies a defendant his state and federal rights of confrontation.. 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. He received his. 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. They resided in a twelfth-floor apartment on East 85th Street in Manhattan. Failure to object to summation remarks. ''The guy was super nice,'' said Jason Naylor, a fellow pilot. He contends that the videotapes lacked any foundation in the evidence and were based on speculation. Mr. Berg recalls it as the most remarkable experience of his life, one that ''fulfills a person's reason for being here.''. There was evidence that Bierenbaum regularly carried heavy duffel bags. It's still wrong and you didn't face it.'' ''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. If the jury harbored a reasonable doubt concerning Bierenbaum's guilt, an instruction on jurisdiction would not have assisted the defense. Law 290.10[1]. 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. ''Going to other states and acting like you're innocent? Please enter a valid 5-digit Zip Code. 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. Surgeon Killed Wife, Dumped the Body in the Atlantic From a - Insider We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Bierenbaum told Feis that the cats had fouled the rug and that he was having it cleaned. A trial court may issue a trial order of dismissal as to any count of an indictment on the ground that the trial evidence is not legally sufficient to establish the offense charged. N.Y.Crim. At that time the police had not searched his apartment or car. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. Think about him looking at her while he squeezes the life out of her. The prosecution also produced the testimony of Karen Caruana, a woman with whom Bierenbaum had a brief affair shortly after Katz disappeared. Trillium Health welcomes new Chief Medical Officer 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. Charles Drew College of Medicine | Medical Education VI. All rights reserved. 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. University of California--Los Angeles (Geffen) - Best Medical Schools He lets it get explosive and as he has done before, as only he has done before, he places his hands around her neck and begins to choke her. Regardless of whether counsel's performance was deficient in failing to secure Sherman's testimony, Bierenbaum cannot show prejudice. He is a member of the UC San Diego Health Physician Network. In 1999 Bierenbaum was indicted and charged with murder in the second degree in her death. They later moved to. In the hangar where Dr. Bierenbaum's Comanche still sits, Val Friesen was on his back with a wrench and a rag, repairing an airplane wing. 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. '', See the article in its original context from. 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. Rochester, NY - Trillium Health, a community health center with an emphasis on affordable health care and located in downtown Rochester, announced the appointment of Robert "Rob" Biernbaum, D.O. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. He did not find anything. When two weeks later he saw posters of Katz, he identified her as the woman he had seen, and he called the police. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. IV, 3194, 3227-28. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. She told her friend that she was going to leave her husband that weekend, and that she was looking for another place to live. This conclusion was neither contrary to nor an unreasonable application of the Supreme Court's Confrontation Clause precedent in 2002 and 2003. Dr. Roberta Karnofsky, an anesthesiologist, had a year-long relationship with Bierenbaum beginning in fall 1985, while she was a medical student under his supervision. Bibb said Bierenbaum put his wifes corpse in a large duffelbag, drove it to a New Jersey airport, took the body up in a Cessna172 and dropped it into the ocean somewhere between Montauk, onLong Island, and Cape May, N.J. 24/7 coverage of breaking news and live events. 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. He also was the executive responsible for quality measures and meaningful use. The search was thus limited to the scope of the permission given. He did not focus on Bierenbaum's having prevented a forensic search. Looking back, people see sinister clues in the fact that his socks were mismatched, his airplane a mess. On the evening of Sunday, July 7, 1985, Bierenbaum attended a family gathering for a nephew's birthday in New Jersey, without Katz. 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. The prosecution argued:What does he do? 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. 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 . Think about the defendant. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. Defense counsel could reasonably have concluded that it made no sense to request a territorial jurisdiction instruction-unsupported by any evidence-that contradicted the defense's theory of the case, that Katz left the apartment alive and was alive that afternoon on the streets of Manhattan. Now, you know what his intent was.Trial Tr. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. Bierenbaum said no. MEDICAID SCAM WAS 2ND MOTIVE: WITNESS - New York Post 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.
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