A prosecutor in the Aisenberg case is demoted and the subject of a federal investigation.
By GRAHAM BRINK
© St. Petersburg Times, published July 20, 2001
TAMPA -- The lead prosecutor in the botched case against Steve and Marlene Aisenberg has been demoted from his supervisory position in the U.S. Attorney's Office.
Stephen Kunz had been deputy chief of the criminal division for seven years. He now will work in the special prosecutions unit while the Justice Department investigates the way he and his co-counsel, Rachelle DesVaux Bedke, handled the Aisenberg case.
Kunz and Bedke also face an investigation by the Florida Bar.
"When we hear about potential problems with anyone in our membership, we want to find out what's going on," Susan Bloemendaal, chief disciplinary counsel for the Bar's Tampa branch, said Thursday. "This is standard procedure."
Bloemendaal said Bar officials will likely await the outcome of the federal investigation before taking any action. Lawyers found to have broken the rules can face anything from mandatory educational programs to suspensions to disbarment.
The Times was unable to reach Kunz and Bedke for comment.
The Aisenbergs reported their 5-month-old daughter, Sabrina, was missing from their home in Valrico on Nov. 24, 1997. Hillsborough Sheriff's Office investigators quickly came to suspect the Aisenbergs and bugged their home. A grand jury indicted the Aisenbergs in 1999 on charges of conspiracy and making false statements.
Kunz, 51, and Bedke, 37, told two federal judges on several occasions that audio tapes gathered from the bugs in the Aisenbergs' home proved the couple were involved in Sabrina's disappearance. The prosecutors said the tapes had incriminating statements, such as Marlene telling Steve: "The baby's dead and buried! It was found dead because you did it! The baby's dead no matter what you say -- you just did it."
The charges against the Aisenbergs were dropped in February after a judge recommended the tapes be suppressed. The judge said Sheriff's Office detectives lied in getting permission for the bugs, and the tapes had none of the incriminating comments cited in the indictment.
Two weeks ago, prosecutors in the U.S. Attorney's Office said in court documents that the case against the Aisenbergs was brought in bad faith. They agreed to pay the couple's legal fees but are arguing over the amount.
Barry Cohen, the Aisenbergs' attorney, wants about $3.75-million; the prosecutors say the amount should be less than $1-million. A judge or mediator ultimately will decide.
The news of Kunz's demotion left Cohen with mixed emotions. He was happy that something was done but doesn't think it was nearly enough.
Cohen said he wants to champion an overhaul of a federal justice system that is cloaked in secrecy and gives much power to prosecutors, without any significant checks and balances.