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Magistrate Says Judge Was Misled; Sheriff 'Concerned'

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Gary Sprott / The Tampa Tribune

Published: February 15, 2001

TAMPA — Federal and local officials will review work of investigators and prosecutors in the Aisenberg case.

Hillsborough County Sheriff Cal Henderson will investigate two detectives lambasted for their actions in the Sabrina Aisenberg case.

U.S. Magistrate Mark Pizzo found Wednesday that the detectives misled a state judge when applying for warrants to bug the home of Steve and Marlene Aisenberg after the couple's 5-month-old daughter, Sabrina, disappeared in November 1997.

Henderson said he is "very concerned" by Pizzo's findings that lead detectives Linda Burton and William Blake, among other things, withheld information from Hillsborough Chief Judge F. Dennis Alvarez.

"We will be looking into it," he said. "We're going to determine if, in fact, those detectives misled Judge Alvarez.

"If we find that they did, we'll take appropriate action," he said, adding that he will review the work of other investigators in the case.

Henderson said he won't seek an outside probe, at least for now. He said it was too early to say whether Burton, Blake or others might be placed on administrative leave pending an investigation.

Two former federal prosecutors, however, called for an independent criminal investigation.

"The sheriff's department needs to immediately suspend these detectives," said Steve Crawford, now a defense lawyer.

"For a federal magistrate to find that our law enforcement has blatantly lied to the chief judge of our circuit, I ask, "Who guards the guards? Who watches the watchdogs?' " Crawford said.

"It's a blistering condemnation of the conduct of the sheriff's department," said Tampa lawyer John Fitzgibbons. "The government should appoint a special prosecutor."

The U.S. Department of Justice, which oversees federal prosecutors, said it will review Pizzo's findings.

Alvarez, meanwhile, said there could be a ripple effect in the state court system.

"On future search warrants — wiretaps, whatever — it may cause some judges to say [to law enforcement], "If you got this information from an informant, I want to talk to the informant.'

"It may cause some judges to take some further steps before they sign a warrant," he said.

Alvarez declined to comment on Burton and Blake's representations to him because the Aisenberg case is pending.

Former state prosecutor Eric Myers, now a county judge, was the state attorney's liaison in the Aisenberg case in 1997. He helped determine whether the surveillance request was legally sufficient.

But Myers, like Alvarez, relied on Burton and Blake.

"We can't be both the prosecutor and the investigator," he said. "I can't tell if you're telling me the truth or leaving things out."

Hillsborough State Attorney Mark Ober hadn't seen Pizzo's ruling and declined to comment.

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