Tampabay: Truth is elusive in Aisenberg case

Sabrina is the Brandon baby who disappeared from her crib in November 1997 when she was 5 months old. Her parents, Marlene and Steve Aisenberg, say someone crept into their home and snatched the child.

Detectives accused the couple of covering up a crime, but could never gather enough evidence to press murder charges. The Aisenbergs were instead indicted by a federal grand jury in September 1999 on charges they lied to detectives during the investigation. After a federal judge criticized the detectives in the case, prosecutors dropped the charges in February. That's when Norman Wolfinger stepped in.

Wolfinger, state attorney for Brevard and Seminole counties, was appointed by Gov. Jeb Bush to investigate whether Hillsborough sheriff's detectives Linda Burton and Bill Blake had misled a judge in getting permission to bug the Aisenbergs' home. It was pointed out at the time that Burton had received a letter of counseling for "falsification" in 1987. The reasons are not clear, because the file was purged in 1991.

Other than two brief updates on the case posted in March, Wolfinger's Web site shows no developments in the investigation. Does that mean it's petering out? Or is he simply mum? We couldn't reach him to find out.

Meanwhile, sheriff's records show that many others at the department have been investigated for being less than truthful.

From 1984 until this past February, 246 cases were sustained against Hillsborough sheriff's employees for some level of dishonesty, ranging from perjury to "conflict of statements." It is not clear how many of those employees were deputies, or civilians.

The punishments varied from reprimands to suspensions to dismissals.

When asked if the number was a cause for concern, sheriff's Maj. Jose Docobo said he could not comment without studying the situation and putting it into perspective.

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MICHAEL JACKSON TO AID SEARCH? It seems a plea for help from parents Steve and Marlene Aisenberg has caught the attention of international pop icon Michael Jackson.

WTVT-Ch. 13 reported Wednesday evening that Jackson wants to help find Sabrina. The singer's new album will include a song about missing children and is expected to have a picture of Sabrina on the inside cover, the couple told the station.

They have never given up hope of finding her, they said, and have repeatedly appealed to the public for help. The Aisenbergs live now in Bethesda, Md., where husband Steve grew up.

The bedroom Steve Aisenberg had while growing up in the Washington, D.C., suburb has been turned into Sabrina's room. The parents still have her clothes, some still with tags on them.

"This is her room and it's ready for her when she comes home," Aisenberg told the television station.

The Center for Missing and Exploited Children says Jackson picked Sabrina and several other missing children to feature on the album. The center says it was asked to put Jackson's lawyers in touch with the parents to get permission to use photographs, the station reported.

* * *

'SMUSHED UP' EVIDENCE: Officials said 39-year-old Juan Baza was driving drunk last November when he hit another car head-on. That driver, 66-year-old Flory Zuckerman, died 16 days later. Autopsy reports show that although Ms. Zuckerman was not in the best of health before the crash, the accident no doubt shortened her life.

After Zuckerman's death, Tampa police detective David Puig checked on the status of the two cars involved.

Both automobiles had been removed from the scene by Kary's Towing. Ms. Zuckerman's car had been taken one step further: to an auto salvage yard. Puig acted fast. The cost of the towing and storage was covered by Ms. Zuckerman's car insurance, and her 1986 Mercury was retrieved, unsalvaged, and taken to TPD's lot.

Baza's car was another matter.

The 1992 Eagle was not insuredand had accrued almost $500 in towing and storage costs, Puig noted in a January report.

The detective contacted TPD legal adviser Kirby Rainesberger to see how those costs were to be handled, and Rainesberger was to get back with the state attorney's office and Puig.

Time ticked on, and Puig waited to hear if the case was going to trial. From time to time, he said, Kary's would call him about the Eagle, and he would tell them to hold on to the car until they heard from Rainesberger. Then, last week, Puig said, he was asked about the car during a deposition by Baza's attorney.

Has the car been inspected? Puig was asked. No, he said, only photographed at the crime scene. He placed a call to Kary's towing so he and mechanics could go over the car for the now upcoming trial.

"What car?" the folks from Kary's asked. "We don't have it anymore. It was crushed."

Puig checked, and sure enough, on May 1, Kary's towing sold the Eagle to a salvage yard for $100, where they "smushed it up," Puig said.

It's not clear how the missing car will affect the manslaughter case.

Douglas Covington, a prosecutor with the state attorney's office, said the situation was "something I'm going to have to deal with at trial" and declined to comment further.

For his part, Paul Howard, the owner of Kary's towing, said he was never asked to hold on to the car, nor was he given any paperwork for it.

The bill was not more than $200, Howard said, but because it was not covered by insurance, no one wanted to pay it.

Besides, he asked, "If the car sits for months in an open lot, how can they use it as evidence?"

* * *

JUDGE MAKES MOVE TO CIRCUIT COURT: County Judge Frank Gomez wanted to move up to the circuit bench, and recently he got his wish.

Gov. Jeb Bush named Gomez to the circuit bench to replace retiring Judge F. Dennis Alvarez, whose last day is Friday. But now that Gomez has the promotion he wanted, he's in no rush to take the job right away.

"Listen, I am so happy to be here, if I have to serve till December, I don't have a problem with that," Gomez said.

Gomez, who was elected to the county bench in 1994, said he promised to finish up a busy trial schedule before leaving his job. He has a complex landlord-tenant case to complete. Gomez also said he needs to take a course offered in September on the area of new law he will handle on the circuit bench.

Around the courthouse, some people thought Gomez was trying to avoid an election fight next year. Judges appointed to the bench within a year of the date of the next election don't have to face voters right away. The date for the next election to the seat Gomez is assuming is Sept. 10, 2002.

The law was changed so newly appointed judges would not have to immediately face the rigors of a campaign. That's the problem that then-County Judge Charlene Honeywell faced when the governor appointed her to the county bench just months before the 1994 election. Honeywell hardly had time to shut down her practice, take over her new job and then campaign -- against Gomez, who beat her.

On Wednesday, Gomez said he knew nothing about the election law provision.

"Would you send me the law please?" he said.

Either way, the speculation about Gomez's motives are wrong. The law states that a judge must face election if the date of appointment is a year before the next election.

The governor's office confirmed that Gomez's appointment will be effective within a few weeks, well before Sept. 10. Gomez said that suits him fine.

"If they tell me to move tomorrow, I'll move tomorrow," he said.

- Amy Herdy and David Karp can be reached at (813) 226-3366 or tampa@sptimes.com. Information from Times staff writer Graham Brink and the Associated Press contributed to this column.

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