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Judge rules Aisenberg case active, curbs access to files
By SAUNDRA AMRHEIN
Published June 22, 2005
TAMPA - Eight years after Sabrina Aisenberg was reported missing, investigators with the Hillsborough County Sheriff's Office have an "active" investigation into her disappearance.
That was the conclusion of Hillsborough County Circuit Judge William Levens in a ruling Tuesday that blocked the girl's parents from getting access to investigative files in a civil suit against the Sheriff's Office.
Steven and Marlene Aisenberg's attorneys argued in a hearing earlier this year that there is no continuing investigation, and therefore no grounds for shielding that information.
To determine whether a criminal investigation truly still exists, Levens held a private hearing on June 1 with attorneys for the Sheriff's Office, looked at exhibits and heard testimony from Detective Kevin Condon and Cpl. David Fleet, according to the judge's ruling released Tuesday.
Levens' conclusion:
"There is an active, ongoing and substantive criminal investigation being currently pursued by the HCSO into the disappearance of the minor child, Sabrina Aisenberg," Levens wrote.
Numerous tips or leads received in the years since the girl disappeared are being pursued by investigators, the judge wrote.
Therefore, any material related to the continuing sheriff's investigation must be protected and blocked from the civil case, Levens wrote.
The Aisenbergs filed the suit in 2003, claiming federal prosecutors and sheriff's investigators violated their civil rights by fabricating evidence in a criminal case. The couple faced federal charges of conspiracy and lying to investigators that stemmed from the disappearance of their infant daughter, Sabrina, in 1997.
The charges were dropped when the case fell apart over the disputed contents of audiotapes taken from a wiretap of the Aisenberg home.
A federal judge later tossed out the couple's claims against the prosecutors and sent the remaining claims to state court.
The Aisenbergs' attorney, Barry Cohen, plans a news conference with Steven Aisenberg this afternoon to talk about the decision.
Christopher Sabella, attorney for the Sheriff's Office, said the judge confirmed what his client has been saying all along.
"As long as Sabrina Aisenberg is missing, it's the intent of this agency to further the criminal investigation as to how she disappeared and what happened to her," he said.
Sabella said he could not talk about details of the investigation. But he said it wouldn't end until Sabrina's fate is known.
"We are going to push forward until we determine what happened to her," he said.
[Last modified June 22, 2005, 01:08:17]
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