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Aisenbergs File Suit Against Officials

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: September 3, 2003

TAMPA — Charging everything from slander to evidence fabrication, Steven and Marlene Aisenberg Monday sued federal, state and county government officials, accusing them of wrongfully prosecuting the couple in the disappearance of their daughter.

The 84-page civil suit, long promised by the Aisenbergs' attorneys, was filed in Hillsborough County and seeks unspecified damages. Barry Cohen, the Aisenbergs' attorney, said the suit should bring in "multimillion dollars at least."

"Let someone ask themselves what it would be like to have your baby taken and instead of looking for your baby, [law enforcement officers] try to frame you and prosecute," Cohen said. "Faceless prosecutors try to build a career and frame a parent, and compel the parent to face the fear of going to prison for something that they didn't do. ... What's that worth in dollars and cents?"

The lawsuit accuses government officials of conspiring to deprive the Aisenbergs of their civil rights, employing tactics such as lying to judges about evidence.

The complaint alleges years of neglect and malevolence on the part of detectives and prosecutors, accused of being so single-minded in their pursuit of the Aisenbergs that they lied, fabricated evidence and failed to properly investigate the child's disappearance.

A secret wiretap that deputies said contained incriminating statements by Steven Aisenberg was ruled inaudible by a judge.

A federal judge has found that federal prosecutors acted in bad faith in prosecuting the Aisenbergs on charges they lied to investigators in the Nov. 24, 1997, disappearance of their 5-month-old daughter, Sabrina. Judge Steven D. Merryday ordered the government to reimburse Cohen's law firm nearly $2.9 million in legal fees and to make public grand jury transcripts in the case.

Federal prosecutors are appealing Merryday's ruling, and attorneys are expected to argue the the issues in November before the 11th Circuit Court of Appeals in Atlanta.

Monday's civil suit seeks damages on behalf of the Aisenbergs, rather than payment for their lawyers.

It names as defendants: the Hillsborough County Sheriff's Office; Sheriff Cal Henderson; sheriff's Detectives Linda Burton, William Blake and Carlos Somellan; sheriff's Maj. Gary Terry; Sgt. Robert Bullara; Lt. Greg Brown; Cpl. Don Roman; Deputy Jussara Olmeda; Deputy Phillipe Dubord; Deputy Chad Chronister; Deputy Miguel Diaz; Deputy Fernando Enriquez; Deputy Alfred Ford; Deputy Lester Orgeron; Deputy Michael Bryant; Deputy Billy Williams; forensic audio examiner Anthony Pellicano; and assistant U.S. attorneys Stephen Kunz and Rachelle Desvaux Bedke.

Both Henderson and Steve Cole, spokesman for the U.S. attorney's office, said they had no comment.

The suit alleges that investigators concluded within hours of Sabrina's disappearance that the Aisenbergs were responsible, though the couple "cooperated fully" with the investigation, consenting to a search of their home, allowing their other two children to be interviewed, and permitting detectives to install a device to monitor their telephone.

The lawsuit says investigators ignored and botched evidence that proved the couple's innocence. Because they had decided the Aisenbergs were guilty, the suit says, investigators lost potential clues, failed to properly secure the crime scene and didn't look for fingerprints for about three days.

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