''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. Your recollection controls. More recently she talked of moving in with a girlfriend in Connecticut. 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. Following the close of evidence, counsel move[d] to dismiss the indictment on the basis that the People have failed to prove their case beyond a reasonable doubt and to the legal standard required for the case to go to the jury. Id. A. Counsel accepted the offer and the trial judge instructed the jury: Let me also state that the defendant had no legal obligation to allow the police to search his apartment at any point, but-and certain evidence came out concerning a search of his apartment. Failure to properly object to the admission of the videotaped demonstration. 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 . 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. Las mejores ofertas para 1975 Foto de prensa del Dr. Robert L. Tuttle, Facultad de Medicina de la Universidad de Texas estn en eBay Compara precios y caractersticas de productos nuevos y usados Muchos artculos con envo gratis! Its open wheat fields, quiet ways and uncritical embrace of strangers drew two such outsiders here in 1996, a doctor couple from New York and California who had both practiced medicine in Las Vegas. The police report also stated that Katz phoned Segalas in June 1985 and asked him to examine some cocaine she had bought, because she thought she had received a short amount. Edgar Rivera told the police that he did not remember seeing Katz on July 7. Graduate School. 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. If you are not eligible for any of these plans, we will help you identify other healthcare access options to meet your needs. She stated that he told her this before the end of September. 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. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. O'Malley met with Bierenbaum on the 13th and requested details of the previous weekend. 3. We're a community of medical and social service professionals who meet patients and clients in a healing and affirming environment where they can feel supported, cared for, and cared about. In this vital role, Biernbaum will oversee Trillium Health's expansion as we provide new services, barrier-free access to medical care . 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. See Feliz, 467 F.3d at 232. The Appellate Division analyzed the reliability of the challenged statements under the rule for determining reliable hearsay set forth by the New York Court of Appeals in Nucci v. Proper, 744 N.E.2d 128 (N.Y.2001): Reliability is the sum of the circumstances surrounding the making of the statement that render the declarant worthy of belief. 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. The police searched for Katz between her apartment and Central Park and found no trace of her. (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. Penal Law 125.25[1]. 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. 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. Although Bierenbaum did not express any concern about his wife at the party, later that evening at a friend's house he appeared distraught and called the apartment a couple of times. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. E.g., Henry v. Ricks, 578 F.3d 134, 137 (2d Cir.2009). Even a neophyte could have found danger. Pressing the point on cross-examination risked alienating the jury for no particular strategic gain. 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. 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. Bierenbaum told Caruana that he had hired a private investigator who had found evidence that Katz was in California. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. Dr. Bierenbaum graduated from the Albany Medical College in 1978. About The Provider. He didn't stop when he knew she was unconscious. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. Katz did not keep her regularly scheduled psychotherapy appointment on July 8. DeCesare said that Bierenbaum often mentioned water, that Katz was outside cooling off.. See Bierenbaum, 748 N.Y.S.2d at 589. The decision not to do so was a defensible trial strategy. 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. 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. Bierenbaum then filed a petition for writ of error coram nobis in the Appellate Division contending that appellate counsel had provided ineffective assistance. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Moreover, at that point in the summation, the prosecuting attorney was cataloguing what he termed Bierenbaum's lies-to Dalsass, to O'Malley, to Caruana, and several other witnesses. Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. 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. I want to remind you that every individual has a right to an attorney and you can draw no negative inference from the fact that someone hires an attorney. Bierenbaum now argues that his counsel was ineffective for failing to properly object to the admission of the videotapes. But he chokes her much harder than he'd done when she was only having a cigarette. ''And people would just be like, 'Hey buddy, don't touch me. Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. He told O'Malley that Katz was depressed and suicidal. In May 1989 a torso found washed up on a beach in Staten Island was determined by x-ray comparison to be Katz. 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. Robert Biernbaum Do 259 Monroe Ave, Rochester, NY, 14607 8 other locations (585) 754-7858 Overview Locations OVERVIEW Dr. Biernbaum graduated from the University of New England College of. 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. Dr. Bierenbaum told locals that he loved his new town for being free of traffic and crime. Detective O'Malley testified that Bierenbaum told him he'd made a mistake, and that Rivera wasn't sure when he'd seen Katz. To Karnofsky Bierenbaum speculated that Katz was in a fugue state or that she had run off with someone to the Caribbean. 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. The jury also learned that a Cessna 172 Skyhawk, the airplane that Bierenbaum rented, is a stable, easy-to-handle four passenger aircraft. In his petition he alleged that he was denied his Sixth Amendment right to effective assistance of counsel, and that admission of numerous hearsay statements violated his Sixth Amendment right to confront witnesses against him. Certain of these witnesses also testified that Katz told them she had received a letter from Bierenbaum's therapist warning her that Bierenbaum was a danger to her, and that Katz intended to threaten Bierenbaum with disclosure of this letter. Copyright 2023, Thomson Reuters. [I]n a proper case, a lengthy and unjustifiable delay in commencing the prosecution may require dismissal even though no actual prejudice to the defendant is shown. People v. Singer, 376 N.E.2d 179, 186 (N.Y.1978). Leave to appeal that decision to the New York Court of Appeals was denied on May 30, 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. In the four to six months before she disappeared she told her therapist that she was looking for an apartment so that she could separate from Bierenbaum. University of New England, College of Osteopathic Medicine, Certifications:American Osteopathic Board of Emergency Medicine. Law 290.10[1]. Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. Medical School / Professional School: Is this you? Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. These are not the acts of a suicidalperson, she said. No one in the group would admit to shock when learning of the doctor's past, though the word ''surprise'' brought forth some thoughtful ''mmm-hmms.'' Rochester RHIO. In July, early in the investigation, Dalsass asked Bierenbaum if he could look around the apartment. 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. As physician and friend Marvin proved himself a real . Had the defense called Alvarez, and had he testified in accordance with his affidavit, the jury would have been presented with the testimony of the relief doorman, who remembered not only the departure of a particular tenant, but what she was wearing on an unremarkable Sunday fifteen years before the trial. Dr. Ellen Schwartz, a close friend from graduate school, testified that Katz told her she was afraid of her husband, and that she was planning to leave him soon. That is not disputed. The performance was videotaped, and the jury was shown the tapes. Relevant factors include spontaneity, repetition, the mental state of the declarant, absence of motive to fabricate, unlikelihood of faulty recollection and the degree to which the statement was against the declarant's interest. Martin learned that Bierenbaum was a licensed pilot. 28 U.S.C. See Hemstreet v. Greiner, 491 F.3d 84, 90 (2d Cir.2007). Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. 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.. His specialties include Emergency Medicine, Family Medicine. At 4:30 p.m. he was already in New Jersey, flying his rented airplane. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. 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. ''But he was just like, 'Anything to do to help.' Trial Tr. On cross-examination Davis admitted that he had told an investigator for the defense that the woman he'd seen was tall and statuesque, and explained that he had confused his description of the missing woman by likening her to two different women, one tall with her face and one short with her body. 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. Please verify insurance information directly with your doctor's office as it may change frequently. Leave to appeal to the New York Court of Appeals was denied on March 10, 2003. There was evidence that Bierenbaum regularly carried heavy duffel bags. 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. He completed his Residency in Emergency Medicine from Genesys Regional Medical Center. Detective O'Malley testified that in their first conversation Bierenbaum told him that a doorman named Edgar had seen Katz leave the building on July 7. It is not offered for such a purpose and it must not be considered by you for such a purpose. Rivera's testimony was not particularly damaging to Bierenbaum's case. Bierenbaum, 748 N.Y.S.2d at 583. Strickland, 466 U.S. at 689 (citations and internal quotation marks omitted). Think about him looking at her while he squeezes the life out of her. Another lie was that her psychotherapist, Dr. Sybil Baran, hadtold Bierenbaum that his wife was suicidal and might have killedherself, Bibb said. He had blocked the police from searching their Manhattan apartment. CALABRESI, Circuit Judge, filed a concurring opinion. How close up you are with a person that you are choking Strangulation is up close and personal. 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. Katz told Feis that she intended to use the letter as leverage in divorce proceedings by threatening to use it to ruin his career. But last week, a Manhattan jury found Dr. Bierenbaum guilty of killing his first wife and. . Katz told DeCesare that she was unconscious, and that Bierenbaum had to call 9-1-1 for assistance. Relief and SorrowWhen the verdict was read, the victims sister, Alayne Katz ofIrvington, N.Y., burst into tears and slumped over the leg of herbrother, Steven, shaking and sobbing. Defense counsel did not object to the instruction or request a stronger one. Oppressive prosecutorial delay may violate the Due Process Clause of the United States Constitution. The trial court gave a limiting instruction to that effect after each witness's testimony and at the close of trial, and admonished the jury that they were not to take this testimony as proof that Bierenbaum had acted in accordance with the statements, or as evidence of propensity. 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. visit www.rpcn.org. Sherman would have testified that she believed Katz left the apartment after the door slammed. 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)). He didn't stop when he knew he was hurting her. Anyone can read what you share. Rochester RHIO makes your information available wherever you The state court weighed the five Taranovich factors and concluded that if defense counsel had moved to dismiss the indictment, the motion would unquestionably have been denied. In summation the prosecution improperly argued that Bierenbaum and his attorney prevented the police from conducting a complete search. The Appellate Division concluded that the trial court's cautionary instructions about the prior assault evidence were legally satisfactory and adequately protected Bierenbaum's right to a fair trial. Proc. ''. Do Not Sell or Share My Personal Information. Bierenbaum's counsel explained that he was concerned that a contemporaneous objection would have prompted the trial court to sum up in favor of the prosecution, in other words, to highlight for the jury the argument that counsel found objectionable. Gail Katz and Robert Bierenbaum were married in August 1982. 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. February 22, 2008. He advised O'Malley that their building doorman, Edgar, had seen Katz leave at about 11 a.m. on July 7. In his opening statement counsel told the jury You will also learn that the police conducted a forensic examination of the doctor's apartment, the doctor's car, his friend's car that he borrowed some time that weekend, the airplane and found no evidence of blood or any other biological determinations because this case also turns on the lack of evidence. Id. 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. 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.