Dear Nettie and entire Bierenbaum Family, The passing of Marvin aggrieved all in the Silverman family. McCullough testified that Katz told her that her husband had gotten angry at her and choked her because she had been smoking a cigarette. It is possible. He also argued, among other issues, that the trial court erroneously 1) allowed the jury to learn of the existence and nature of the letter written to Katz by Bierenbaum's psychiatrist warning her of the danger Bierenbaum posed to her; (2) allowed various people to testify about Katz's verbal statements to them describing Bierenbaum's threatening remarks and behavior; and (3) permitted the jury to watch the videotaped demonstration showing how a pilot flying solo may load a duffel bag containing a 110-pound body into a Cessna 172 airplane, fly over the ocean and eject the bag. Loma Linda, CA . None of the alleged errors, individually or collectively, amount to constitutionally deficient representation. We're a team that goes into neighborhoods working to stop the spread of HIV through education, prevention, and testing events. This Court granted a certificate of appealability on September 23, 2008. 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. vol. Medical School & Residency. One of the main reasons is because the defendant wouldn't let them search the apartment. Alayne Katz, Katz's sister, testified that Katz had called her in the fall of 1983, extremely upset, and told her that her husband had tried to strangle her, that she lost consciousness, Bierenbaum revived her and apologized profusely. 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. 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. A reasonable probability is a probability sufficient to undermine confidence in the outcome. Id. Failure to request charge on territorial jurisdiction. Dr. Robert Martin Biernbaum, DO is a health care provider primarily located in Rochester, NY, with other offices in Victor, NY and Columbus, OH ( and 2 other locations ). It follows that the state court's rejection of Bierenbaum's ineffective assistance of counsel claim was not an unreasonable application of the Strickland standard. Katz cooked steaks that night and they had a romantic candlelight dinner. Baran testified that she never told Bierenbaumthat. You'll find that we're more than just a clinic or a service provider. Katz told her about an incident, precipitated by smoking, when Bierenbaum became enraged and attempted to strangle her. Penal Law 125.25[1], and sentenced to a term of imprisonment of twenty years to life. 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. 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. All this means that the decision of the district court is properly affirmed. A petitioner has fairly presented his claim only if he has informed the state court of both the factual and the legal premises of the claim he asserts in federal court. Jones v. Keane, 329 F.3d 290, 294-95 (2d Cir.2003) (internal quotation marks omitted) (quoting Dorsey v. Kelly, 112 F.3d 50, 52 (2d Cir.1997)). Surgery, Internal Medicine. ''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. 1972 Foto de prensa del Dr. Harold Lief y el Dr. Robert Heat en la Dr. Robert M Biernbaum - Rochester NY, Emergency Medicine at 259 Monroe Ave. . Robert "Rob" Biernbaum, D.O. 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. Dr. Yvette Feis, Katz's former professor and friend, testified that Katz told her she was looking for other sexual partners. 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. Rivera's testimony was not particularly damaging to Bierenbaum's case. Robert Bierenbaum married his second wife, Dr. Janet Chollet, after moving to Las Vegas, Nevada, and the couple had a child together, according to The Charley Project. Edgar Rivera told the police that he did not remember seeing Katz on July 7. Katz also told Kasenbaum that she had gotten a letter from Bierenbaum's psychiatrist. O'Malley asked if he had ever choked his wife to the point of unconsciousness, and Bierenbaum said that he didn't want to speak about that. In discussing the evidence he also stated. ''The conversation lasted 30 seconds, and he wasn't as upset as I would have expected.''. 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. 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.'' 5. 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. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. He called Katz's mother to see if she had heard from Katz, and went to bed. ANGELA ABRAHAM. Robert Hickman, MD - Primary Care | UC San Diego Health See Bierenbaum v. Graham, No. 3. We addressed this point in connection with counsel's mistake in referring to a forensic examination in his opening statement, and found no prejudice. [T]o qualify as an adjudication on the merits, a state court decision need not mention a particular argument or explain the reasons for rejecting it. Dallio v. Spitzer, 343 F.3d 553, 560 (2d Cir.2003); see also Brown v. Artuz, 283 F.3d 492, 498 (2d Cir.2004) (finding that Sixth Amendment claim was adjudicated on the merits when state court dismissed it by stating defendant's remaining contentions are without merit.). 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. . In fact, the police were not permitted to conduct a forensic search of the apartment. On March 17, 2006, Bierenbaum filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 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.. You watch as it literally squeeze[s] the life out of another human being. Bierenbaum's petition for a writ of certiorari to the United States Supreme Court was denied on October 6, 2003. 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. These are not the acts of a suicidalperson, she said. See Bierenbaum v. New York, 540 U.S. 821 (2003). 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. On July 14, Dalsass met with Bierenbaum, his father and Katz's parents. The state court's conclusion was a reasonable application of Strickland. Dr. Prothrow-Stith is an internationally recognized public health leader, who since 2008 has advised top-tier healthcare, life sciences, academic and not-for-profit institutions on leadership and . Dr. Bierenbaum told locals that he loved his new town for being free of traffic and crime. Baran also noted that Katz-Bierenbaum had been apartmenthunting, had gotten a manicure and had bought birth control devicesjust before she vanished. 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. This was not the first time Bierenbaum had choked her, but it was the first time that she lost consciousness. In September 1986 Hope Martin, an investigator from the District Attorney's office, was assigned to investigate Katz's disappearance. Loma Linda University . The defendant and his attorney stopped the cops from doing a complete forensic search on the apartment. A state prisoner may fairly present to the state courts the constitutional nature of his claim by claim[ing] the deprivation of a particular right specifically protected by the Constitution. Daye v. Att'y Gen. of the State of N.Y., 696 F.2d 186, 193 (2d Cir.1982) (en banc). When Rivera testified at trial, he stated that he could not remember anything about July 7, 1985. at 3107, Oct. 23, 2000. Though he doesn't like to admit it, Mike Berg, the friend from the Rotary Club, is angry. Surgeon Admits to Throwing Wife Out of Plane - What's Up Today Bierenbaum argues that the challenged statements were inadmissible under either the Roberts or the Crawford and Davis standard: that the statements were admitted for their truth, that no hearsay exception applied, that the statements showed no particularized guarantees of trustworthiness, and that the statements were testimonial. But Dr. Bierenbaum had a strong record, excellent training and appeared to have an unblemished past, Mr. Schwann recalled, until New York City investigators, accompanied by Mr. Maixner, arrived in November 1998 to look into some issues. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. 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. 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. They found nothing, I've been cleared, and in the time frame we're talking about it's clear that he's telling Karen Caruana that the cops have cleared him before they've even been inside his apartment Cops hadn't searched anything yet. Furthermore, the statements were made mostly to those close to her, in contexts completely devoid of coercion, not in response to anyone's questioning, nor under circumstances at all suggestive of any attempt to curry anyone's favor. On October 17, 1986 she learned that Bierenbaum had rented an airplane from Mac Dan Aircraft Rental at Caldwell Airport in Fairfield, New Jersey on July 7, 1985, the day Katz disappeared. The Appellate Division did not explicitly address Bierenbaum's confrontation clause claim,1 and the Court of Appeals denied leave to appeal without explanation. Indeed, Bierenbaum does not argue to this Court (except parenthetically) that the challenged hearsay declarations were in fact unreliable. vol. I add a few words because this case troubles me. 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. The motion was denied on September 6, 2005, and leave to appeal was denied on January 12, 2006. 2120, 2008 WL 515035 (S.D .N.Y. 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. He works in Grand Forks, ND and specializes in Surgery and. 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. Failure to cross-examine witness Anthony Segalas concerning Katz's use of cocaine. Bierenbaum had graduated from medical school in 1978, and was a surgical resident at Maimonides Medical Center in Brooklyn, New York. MEDICAID SCAM WAS 2ND MOTIVE: WITNESS - New York Post As physician and friend Marvin proved himself a real . Dr. Biernbaum graduated from the University of New England College of Osteopathic Medicine in 1997. Though the five-block downtown area boasts a jail, a courthouse and two competing hospitals, Minot (pronounced MY-not) has a desperate need for people and talent. There was evidence that Bierenbaum regularly carried heavy duffel bags. DeCesare testified that Katz told her that Bierenbaum had threatened to kill her if she left him. He had blocked the police from searching their Manhattan apartment. During trial the evidence was uncontroverted that Bierenbaum repeatedly stated to friends, to relatives and to the police that he last saw his wife in their apartment in Manhattan. 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). 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. Robert Bierenbaum's Second Wife, Dr. Janet Chollet, Supported Him at Katz did not keep her regularly scheduled psychotherapy appointment on July 8. The Appellate Division held that Bierenbaum had not effectively protested the admission of the videotapes under New York's preservation rule, which require[s], at the very least, that any matter which a party wishes the appellate court to decide have been brought to the attention of the trial court at a time and in a way that gave the latter the opportunity to remedy the problem and thereby avert reversible error. Richardson v. Greene, 497 F .3d 212, 218 (2d Cir.2007) (quoting Garcia v. Lewis, 188 F.3d 71, 78 (2d Cir.1999)); see N.Y.Crim. For more information, go to With bitter winters and little company, residents here have little use for moral condemnation. ''Most people don't know that Minot, North Dakota, is on the face of the map, so why come here?'' Not only that's not disputed by us, but that she likely died some time on July 7, 1985. Trial Tr. Healthcare DirectoryRobert M. Biernbaum DO - Rochester Health 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. Bierenbaum argues that the Dalsass testimony was inadmissible absent defense counsel's remark, and the prosecution could not therefore have used it in summation. To satisfy the first part of the test-performance-he must show[ ] that counsel made errors so serious that counsel was not functioning as the counsel guaranteed the defendant by the Sixth Amendment. Strickland, 466 U.S. at 687. Doctoral Student: Professors are approachable and dedicated, as well as being experts in their respective fields. 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. 6. In another conversation Katz told DeCesare that she and Bierenbaum had discussed the Claus von Bulow case, and that Bierenbaum had said the problem with the case was that von Bulow left evidence and that he would leave no evidence. ''I feel grief, like someone has died,'' he said. With your consent, your healthcare art. 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. Dalsass had numerous telephone calls from members of Katz's family during that same time period. 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)). VI. Is this you? The next morning he went to work, and that evening reported Katz missing. Assuming that Katz's statements were admitted for the truth of the matters asserted,2 they meet the Roberts standard for admissibility. ''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. 1200 S Columbia Rd, Grand Forks, ND, 58201. Throughout the search for Gail Katz-Bierenbaum, her family said they found her husband decidedly unhelpful. She heard nothing more. 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. 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. All rights reserved. It was not objectively unreasonable to do so. gofrom the doctor to the pharmacist,primary care physician to a specialist, or a radiology center to the emergency room. A forensic examination of the aircraft yielded no results. vol. View info, ratings, reviews, specialties, education history, and more.
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