News groups seek access to Aisenberg tapes

TAMPA -- During an extended investigation, Hillsborough sheriff's detectives bugged the home of Steve and Marlene Aisenberg. The taped conversations were used to indict the Aisenbergs on charges that they lied about the disappearance of their 5-month-old daughter, Sabrina.

When the charges were dropped in February, questions arose about whether the public, and the media, should be allowed to hear the tapes.

On Wednesday, lawyers for several media outlets, including the Tampa Tribune, WFLA-TV Ch. 8 and WTSP-TV Ch. 10, were in court to argue that the tapes should be released.

Joining them was Barry Cohen, the Aisenbergs' lawyer, 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 some of the tapes point to the Aisenbergs' innocence.

"Much of the public believes they got off on a technicality," Cohen said. "Let them listen to the tapes and decide for themselves."

Assistant U.S. Attorney Ernest Peluso argued that Sabrina is still missing, obviously a victim of criminal activity, and that a legitimate criminal investigation into what happened to her was continuing. Two sheriff's detectives have worked on the case full time since August, investigating 48 new leads.

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 any potential suspects what the detectives know and what they don't know, he said.

For the first time, Peluso publicly acknowledged that former U.S. Attorney Donna Bucella listened to a handful of tapes provided by the Sheriff's Office in 1999 and gave her attorneys the okay to proceed with the investigation.

The Aisenbergs reported Sabrina 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

The prosecutors said the tapes had incriminating statements, such as Marlene telling Steve Aisenberg: "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 had made up facts in getting permission for the bugs, and that the tapes he listened to did not contain incriminating comments.

On Wednesday, U.S. District Judge Steven Merryday peppered Peluso with questions and hypothetical scenarios. Merryday has already listened to 32 of the tapes prosecutors wanted to introduce if the case went to trial. He has called the tapes, as a whole, "largely inaudible," but did not comment on individual tapes.

Merryday asked Peluso what would be wrong if he listened to the tapes again and decided which ones contained information that might be pertinent to an investigation. Why could he not release the tapes that contained no such information? he asked.

"I have a rather mature view of whether they are audible or not," he told the lawyers.

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

-- Contact Graham Brink at (813) 226-3365 or brink@sptimes.com.

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