Aisenberg defense's claims are 'outrageous,' prosecutors say

By LARRY DOUGHERTY

© St. Petersburg Times, published January 20, 2000

TAMPA -- Federal prosecutors struck back Wednesday at allegations of misconduct raised by Steven and Marlene Aisenberg, saying the only unethical behavior has come from the couple's defense attorneys.

Court papers filed by the defense firm of Cohen, Jayson & Foster have made "outrageous" and "frivolous" claims and "do not aid anyone in the search for the truth, and that is what this case is all about," prosecutor Rachelle DesVaux Bedke wrote in a scathing motion.

Barry Cohen and his co-counsel "prefer to advance baseless allegations of prosecutorial misconduct against the government (rather) than to defend their clients," the motion said.

The dispute concerns whether Steven Aisenberg can be heard on a government tape saying he hurt his daughter, Sabrina, and blaming his behavior on cocaine.

Steven and Marlene Aisenberg are charged with lying about the disappearance of 5-month-old Sabrina in 1997. The girl has never been found, despite a massive search.

The couple said their baby was kidnapped. But investigators, suspecting foul play, secretly monitored their conversations.

In reviewing the tapes for trial, Cohen's team said it couldn't hear specific incriminating comments that prosecutors say are there. Cohen twice filed a motion asking the judge to decide for himself what was on tape and to correct the record. To his motions, Cohen attached a copy of the cassette tape. Such evidence normally is kept secret before a trial in federal court.

The judge ordered the tape returned to Cohen but asked the government to respond to Cohen's motion. In its answer, prosecutors argue the question of what is on the tape is clearly for the jury to answer. Prosecutors also dismissed Cohen's suggestions that they had lied about the contents of the tape.

Cohen said he hadn't gotten a copy of the motion. But he asked several questions.

"Did they file an affidavit supporting their position like we did? Did they have an expert like we did analyze the tape with the kind of equipment we analyzed it with?" Cohen asked.

"Did they ask to join the defense and make the matter public so the public could hear the tape and see who said what on tape? I'm just questioning."

-- Larry Dougherty can be reached at (813) 226-3337 or dougherty@sptimes.com.

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