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Attorney Appeals To Public Opinion

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Darlene McCormick / The Tampa Tribune

Published: January 8, 1998

TAMPA — Attorney Barry Cohen takes the offensive, saying the parents of a missing infant passed a private polygraph test.

The attorney for the parents of a missing infant used a Hollywood film Wednesday to get the message across.

Attorney Barry Cohen referred to the movie "My Cousin Vinny" during a news conference to make the point that innocent people are sometimes falsely accused of crimes.

"That's not fiction," Cohen said.

Cohen's message was clear: Law enforcement doesn't always play fair.

And in the case of Sabrina Aisenberg, who was 5 months old when she was reported missing by her parents, sheriff's officials have aided in casting a shadow of suspicion on his clients, Marlene and Steve Aisenberg of Valrico, Cohen said.

Cohen released a tough five-page letter addressed to Hillsborough County Sheriff's Maj. Gary Terry, outlining his complaints. He reiterated that his clients won't be talking until the sheriff's office turns over investigative information on the parents.

Cohen said with exasperation that statements by the sheriff's office that his clients weren't fully cooperating drove him to take his case to "the public arena."

Cohen's letter blamed officers for leaking information that Marlene Aisenberg had taken a polygraph and that results were inconclusive. He said this was "terribly unfair to Marlene Aisenberg and caused great suspicion of her in the court of public opinion." He faulted the sheriff's office tests, saying Marlene Aisenberg was exhausted and emotional at the time.

The latest results, however, are "of a serious test, by a serious polygraph examiner," Cohen wrote. He arranged for Richard Rackleff of Atlanta to administer a test. Rackleff is credited with giving a polygraph to Richard Jewell, which determined he wasn't involved in the Atlanta Centennial Olympic Park bombing.

Sheriff's officials held their ground, again saying that since Cohen got involved, he has not allowed the parents to be interviewed about their conduct or actions.

"In one facet of it, he's slowed down part of the investigation," said sheriff's spokesman Lt. Greg Brown.

After Cohen's comments, Brown confirmed for the first time that the Aisenbergs were given lie detector tests twice by the sheriff's office. He wouldn't comment on results, but said the sheriff's office considered its own tests reliable.

The Aisenbergs were given polygraph exams by the sheriff's office Nov. 24, the day Sabrina disappeared.

When authorities found out Marlene Aisenberg was scheduled to talk with Cohen the next day, they asked for a second test on Nov. 25, Cohen said.

Brown said the tests were given exactly as planned.

Rackleff administered the tests on Dec. 20 and Dec. 30. The former FBI polygraph examiner said results showed the couple weren't involved in the abduction and weren't deceptive in answering questions. "The bottom line is, they're not involved in this thing."

Marlene Aisenberg's interview lasted six hours and her husband's lasted more than five.

Questions asked to Steve Aisenberg include: "Are you lying about the abduction of your daughter that night?" and "Did you arrange for someone to take your daughter the night she disappeared?"

Those to Marlene Aisenberg include: "Are you lying about the disappearance of your daughter?" and "Did you help take your daughter out of your home that night?"

Regardless of the results, the question of polygraph tests may be academic. Test results are rarely admitted in Florida courts. In some states and in federal courts here, they are allowed in limited situations.

Cohen also said he wants any future discussions with his clients to be recorded, and he questioned why interviews weren't recorded in the past.

He referred to twisted interviews in "My Cousin Vinny" that would have sent two innocent men to the electric chair had it not been for their attorney's efforts. In the movie, a sheriff testifies he heard a defendant say, "I shot the clerk." Confronted by allegations, the defendant actually had asked, "I shot the clerk?"

In his letter, Cohen said law enforcement officers don't write down everything accurately all the time and that sometimes they can't read their notes, they make mistakes or fabricate information.

Brown said deputies usually don't tape interviews, but he has confidence in the investigation so far.

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