TAMPA - The U.S. Supreme Court has decided not to hear an appeal from Steve and Marlene Aisenberg to open up grand jury transcripts from their high profile case.
The Aisenbergs were indicted in 1999, accused of lying about the disappearance of their 5-month-old daughter, Sabrina, from their Valrico home in 1997. Sabrina has not been found.
The charges were dropped in February 2001 after a federal magistrate judge questioned the evidence in the case and the way investigators collected it.
Last year, U.S. District Judge Steven Merryday ordered the government to pay the Aisenbergs $2.68-million in attorneys' fees. Merryday also ordered the release of the grand jury transcripts. In the vast majority of federal criminal cases, grand jury transcripts are never released.
An appeals court reduced the award to about $1.29-million, saying attorneys' reimbursements be capped at $125 an hour. The court also ruled that the transcripts should remain sealed.
The Aisenbergs' attorneys appealed to the U.S. Supreme Court. Aisenberg attorney Barry Cohen said Monday that the decision sends a message that rogue prosecutors and investigators can get away with anything.
"By failing to open up the grand jury transcripts, it encourages prosecutors to continue to engage in such despicable conduct," he said.
