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Media want Aisenberg talks public

Authorities argue in court that releasing the taped conversations could hurt an ongoing investigation.

By GRAHAM BRINK
© St. Petersburg Times,
published November 22, 2001


TAMPA -- Several media organizations argued in court Wednesday that taped conversations of Steve and Marlene Aisenberg should be made public now that charges against the couple in the disappearance of their daughter have been dropped.

During an extended investigation, Hillsborough sheriff's detectives bugged the Aisenbergs' Valrico home. The taped conversations were used to indict the Aisenbergs on charges they lied about the disappearance of their 5-month-old daughter, Sabrina. Those charges were dropped in February.

On Wednesday, lawyers for media outlets including the Tampa Tribune, WFLA-TV Ch. 8 and WTSP-TV Ch. 10 urged a federal judge to release the tapes.

Joining them was Barry Cohen, the Aisenbergs' attorney, who has said from the start that he and his clients would like the tapes played publicly as a way to help restore his clients' reputations. Cohen has said the tapes contain none of the incriminating statements alleged by prosecutors and adds that some tapes point to the Aisenbergs' innocence.

Assistant U.S. Attorney Ernest Peluso argued that Sabrina was still missing, obviously a victim of criminal activity, and that a legitimate criminal investigation into what happened to her was ongoing. Two sheriff's detectives have worked on the case full time since August.

Releasing the tapes could compromise that investigation by, among other things, giving away investigative techniques, Peluso said. The Aisenbergs also talked a lot about the investigation on the tapes, which could indicate to potential suspects what detectives know and what they don't, he said.

The Aisenbergs reported Sabrina missing from their home on Nov. 24, 1997. Hillsborough sheriff's 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.

The charges were dropped after a judge recommended the tapes be suppressed. The judge said detectives had made up facts in getting permission for the bugs, and that the tapes he listened to did not contain incriminating comments.

Merryday could keep all the tapes under seal, release some of them or all of them. His decision will likely come in the next few months.

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