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Aisenbergs Give Up Lawsuit

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: September 26, 2006

TAMPA - Attorneys for Steven and Marlene Aisenberg dropped a lawsuit that accused the Hillsborough County Sheriff's Office of wrongfully prosecuting them for the 1997 disappearance of their infant daughter.

Barry Cohen, the Aisenbergs' attorney, said the couple did not want the lawsuit to be a distraction from deputies' continuing attempts to find their daughter, Sabrina.

The decision came just two weeks after fervent legal arguments made by the three top partners of Cohen's firm.

The lawyers argued that the sheriff's office was stonewalling the lawsuit to prevent the public from knowing that the investigation into Sabrina's disappearance had failed.

"We have no confidence in the integrity of this so-called good-faith ongoing investigation," Cohen said on Sept. 11 before Judge Claudia Isom. "They started this investigation nine years ago, and they have come up with absolutely zero."

On Thursday, Cohen said he met with the Aisenbergs last week in their Maryland home.

"They said we'd rather drop this case than let anyone think this was about money," Cohen said Thursday. "Particularly if this case is taking time away from looking for Sabrina."

The Aisenbergs were prosecuted in federal court on charges that they lied to investigators who were looking into the disappearance of 5-month-old Sabrina.

They were indicted based on a transcript from tapes recorded by a listening device investigators had placed in their bedroom. Eventually, two judges determined the recordings were inaudible and the transcripts could not be verified.

The case against the couple was thrown out, and the Aisenbergs were awarded $1.5 million in legal fees.

In September 2003, the Aisenbergs filed the wrongful prosecution lawsuit against the sheriff's office and federal prosecutors. The federal prosecutors were dropped from the suit by order of a judge, who said they had immunity from such legal action.

Thursday, the sheriff's office released a one-sentence statement.

"While we are pleased with the dismissal of the lawsuit, which has served as a distraction in this case, our focus always has been and remains on finding out what happened to Sabrina Aisenberg," the statement said.

Sheriff's attorneys and officials declined further comment.

A hearing on the lawsuit was scheduled for Thursday but was canceled after the suit was dropped.

Sheriff's officials were scheduled to ask Isom whether she would force the Aisenbergs to provide sworn statements and to answer written questions about their daughter's disappearance. So far, the couple has refused to do either.

To help defend against the lawsuit, sheriff's officials asked the Aisenbergs for information including:

• "List all persons you suspect may be responsible for the disappearance of Sabrina Aisenberg."

• "Please provide the names of the persons you believe may have information useful in the locating of Sabrina Aisenberg."

• "Please describe in detail your activities from 6 am on 11-23-1997 through 7 am on 11-24-1997."

The Aisenbergs declined to answer stating that the questions were "burdensome," "oppressive" and that the Aisenbergs provided the information in earlier interviews.

Cohen said the Aisenbergs spoke extensively to the sheriff's office and FBI not long after Sabrina disappeared. They again spoke to investigators in August 2005. He said the Aisenbergs are not trying to hide information; they are trying to protect themselves from having their words twisted and used against them.

Sheriff's officials have said repeatedly that the Aisenbergs still are logical and legitimate suspects in their daughter's disappearance.

Cohen said the sheriff's office has focused on the Aisenbergs and has been blinded to other possible suspects.

"I think the civil case was being used to do what they couldn't do so far in nine years, come up with evidence," Cohen said. "They can investigate the Aisenbergs for another nine years. I don't care. As long as it's not at the exclusion of going back to the beginning and looking at all the evidence."

Cohen said he hopes the sheriff's office will stop looking at suspects and start looking for Sabrina.

"Now, they don't have to worry that if they find the baby, they will have to pay more in civil damages," Cohen said.

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