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Aisenbergs seek access to records

The couple whose daughter vanished in 1997 wants the files because of a suit against the Hillsborough Sheriff's Office.

By COLLEEN JENKINS
Published September 12, 2006

TAMPA - Nine years after their infant daughter's disappearance, Steven and Marlene Aisenberg still haven't gained access to the case's investigative files.

Hillsborough sheriff's officials say they are seeking an answer to what became of 5-month-old Sabrina Aisenberg. But the Aisenbergs' attorney argues the claim is a ruse to keep her parents from pursuing their civil lawsuit against the agency.

Until a judge steps in, attorney Barry Cohen said during a hearing Monday, the suit will remain at an impasse.

"The Aisenbergs have a right after all this time to have their day in court," Cohen said.

He didn't get a quick answer. Circuit Judge Claudia Isom said she would announce in two weeks whether she will conduct a private hearing to determine whether the investigation is active.

Sheriff's attorneys want the same protective order for the files now that they received from another judge last year.

Since Sabrina disappeared from her family's Valrico home in November 1997, the Sheriff's Office has spent more manpower on her case than on any other in its history, attorney Tony Peluso said.

Even though a federal case accusing the Aisenbergs of conspiracy and making false statements about their daughter's disappearance crumbled years ago, the two aren't off the hook.

"They are now and always have been logical suspects in this case," Peluso said. "They were never found innocent. They've never been vindicated."

Cohen's voice rose as he responded to that remark.

"Sheriff David Gee ought to be embarrassed by that comment," he said. "They are innocent, sir, until they're convicted."

In June 2005, Circuit Judge William Levens denied the Aisenbergs access to the files after determining a criminal investigation into Sabrina's disappearance was still under way. Levens called then for another judicial review in six months.

The couple's request is twofold. They want the latest details about what may have happened to their daughter. They also want proof that sheriff's investigators violated their civil rights by fabricating evidence in the criminal case against them, which is the basis of their 2003 civil suit.

Cohen has said the release of the documents likely would embarrass the Sheriff's Office, led by Cal Henderson at the time the baby disappeared. In 2003, a federal judge awarded the Aisenbergs $2.9-million in attorneys' fees under a law that allows federal criminal defendants to collect fees from the government if the case against them was frivolous, vexatious or brought in bad faith.

Colleen Jenkins can be reached at (813) 226-3337 or cjenkins@sptimes.com.

[Last modified September 12, 2006, 00:40:52]