The performance was videotaped, and the jury was shown the tapes. ''. ''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. at 1889. 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. In short, Minot has always been a good place to reinvent oneself or to hide. (quoting Williams v. Taylor, 529 U.S. 362, 413 (2000)). The conviction leaves the people of Minot with a question. Wiese advised her to leave immediately. He works in Grand Forks, ND and specializes in Surgery and Internal Medicine. In fact, Bibb said, Bierenbaum knew very well that his wife wasdead. Maryann DeCesare, a friend, testified that Katz told her that she was afraid of Bierenbaum's temper and that he had threatened her. Sherman believed that Katz left the apartment when the door slammed. Katz told her that she was looking for an apartment and that she was going to tell her husband that weekend that she was leaving. The state court's conclusion was a reasonable application of Strickland. at 583. Here, Bierenbaum expressly invoked the Confrontation Clause to both appellate courts. 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. 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. And as always, patient privacy and confidentiality remain of the utmost importance. Thus, Bierenbaum's challenge to the admission of Katz's statements must be evaluated under Roberts. 5. 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. I also believe that the evidence of guilt is very thin. ''He brought us all little vials of grease'' for airplane parts, said Chris Grima, a mechanic whose wife made the pie. 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. 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. Davis had been in a bagel shop in Manhattan on Second Avenue in the 80's on the afternoon of July 7, 1985, and he noticed an attractive woman wearing a distinctive t-shirt with a non-English word on it. visit www.rpcn.org. See Richardson v. Greene, 497 F.3d 212, 217 (2d Cir.2007). Detective Virgilio Dalsass from the 19th precinct, where Bierenbaum and Katz resided, and Detective Thomas O'Malley from the Missing Persons Bureau were assigned to investigate the case. ''We're so sparsely populated around here,'' he said, ''we even have to import our criminals.''. Stay up-to-date with how the law affects your life. She kept an appointment with her hairdresser, and met with a close friend that afternoon for a couple of hours. All rights reserved. The Appellate Division found the error unpreserved, and declined to review it. (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 does not tr[y] to defuse the situation. Caruana testified that Bierenbaum told her in August or September that his apartment had been searched and that the police had cleared him. A strong piece of the defense was the fact that there was no physical evidence to link Bierenbaum to the crime. One of the main reasons is because the defendant wouldn't let them search the apartment. Regardless of defense counsel's error in referring to the search as a forensic search, the prosecution would also have elicited the fact that Bierenbaum lied to Caruana about the search. 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. ''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. She also testified that they had many times discussed Katz separating from her husband. The Strickland standard is rigorous, Bell v. Miller, 500 F.3d 149, 155 (2d Cir.2007): Judicial scrutiny of counsel's performance must be highly deferential [;] every effort [must] be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time [A] court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action might be considered sound trial strategy. Counsel's theory was that Katz left the apartment on Sunday, and met with foul play after she left. Mr. Hussey recalled: ''He looked like death warmed over, and I said to him, 'Bob, you look sick.' Bierenbaum suggests now that a jury could have concluded that if he killed his wife on July 7, 1985, he might have done so in New Jersey and not in New York. Katz told him that she was going to move in with her friend Ellen Schwartz in Connecticut. If you are uninsured or underinsured, or need a referral to a doctor or dentist, call our Affordable Health Line at 585-328-7000. We affirm. 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. He knew in July of 1985, what it would take to kill her. The state court's determination that the cross-examination of Segalas was not constitutionally deficient was not an unreasonable application of Strickland. His anger at his wife. We need not address this argument because of our disposition of this issue under Roberts. Bierenbaum argues that his trial counsel was ineffective for failing to request a jury charge to the effect that the prosecution must prove beyond a reasonable doubt that the crime occurred within the state of New York. To him, the case against Dr. Bierenbaum seems ''so over-circumstantial'' that he thinks maybe an appeal would succeed. Katz told her that the night before she took her Graduate Record Exam, Bierenbaum choked her to unconsciousness because she smoked a cigarette. The Appellate Division rejected these claims and affirmed the conviction on October 22, 2002. Although the delay was substantial, Bierenbaum suffered no prejudice, and he was not incarcerated prior to trial. 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. . 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). 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. 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)). Your recollection controls. 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. Dr. Bierenbaum is board-certified in internal medicine, hematology, and oncology. Anthony Segalas testified at trial that he and Katz used cocaine together twice. 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 the late 1800's, the railroad lured transients to the town's many brothels and saloons. Bierenbaum was charged with murder in the second degree in an indictment returned December 8, 1999. Dr. Stephanie Youngblood, a chiropractor who lived with Bierenbaum from 1990 to 1993, testified that Bierenbaum told her that Katz had a drug problem, was having extramarital affairs, and that he felt her death was drug-related: [h]e felt she went to Central Park to hang out with her druggie friends.. He did not find anything. Prior to MultiCare, Biernbaum was Rochester Regional Health System's chief architect for all Epic solutions and in charge of informatics for five hospitals and more than 100 ambulatory sites. On that point we agree with the Appellate Division, the post-judgment motion court and the district court that the contents of the videotape[s] depict a scenario that was anything but speculation. View info, ratings, reviews, specialties, education history, and more. He said, 'I just have a lot on my mind.' 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. He had blocked the police from searching their Manhattan apartment. The location you tried did not return a result. See People v. Bierenbaum, 850 N.E.2d 674 (N.Y.2006). Looking back, people see sinister clues in the fact that his socks were mismatched, his airplane a mess. A. He told the detective assigned to investigate the case that he had last seen his wife on July 7 at approximately 11 a.m., and that she had left the apartment to get some sun in Central Park. Failure to move for dismissal on the ground of insufficient evidence of specific intent to kill. UC San Diego Health Physician Network is an alliance of health care providers based in San Diego, Riverside and Imperial counties. 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. He also devoted time to charitable . No one, other than Bierenbaum, reported seeing Katz after July 6. 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. Moreover, it was a reasonable trial strategy to establish a forthright relationship with the jury, by conceding what the defense did not have evidence to contest. 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. Jason Bierenbaum, MD, is a medical oncologist and hematologist at UPMC Hillman Cancer Center. 2254. The things you loved about AIDS Care have not changed as a result of our name change. 2 reviews. Moreover, a federal court must apply the clearly established Supreme Court jurisprudence as of either the date of the pertinent state court adjudicat[ion] on the merits, or the date when the state court conviction became final. Mungo v. Duncan, 393 F.3d 327, 333-34 (2d Cir.2004). For more information, 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. Id., 744 N.E.2d at 131 (citations, internal quotation marks and ellipses omitted). 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. Being essentially softhearted, though, he e-mailed Dr. Bierenbaum before the trial to wish him good luck and got a brief response: ''Thanks. 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. Some say that doctors come here fleeing lawsuits, bouts with drugs and alcohol and strange gaps in their resumes. 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. 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.