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Judge Limits Aisenberg Attorney's Contact With Sheriff

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 30, 2007

TAMPA - A judge on Tuesday ordered attorney Barry Cohen not to directly contact Hillsborough County Sheriff David Gee about the case of Sabrina Aisenberg.

Cohen is representing Marlene and Steven Aisenberg in a lawsuit against the sheriff's office over its prosecution for lying to investigators in the November 1997 disappearance of Sabrina, their infant daughter.

The federal charges against the couple were dismissed, and the federal government was ordered to reimburse the Aisenbergs $1.5 million in legal fees after judges ruled that prosecutors and investigators had lied about evidence in the case.

Ernest F. Peluso, a former federal prosecutor who defended investigators in federal proceedings about the issue of legal fees, is now facing off against Cohen in county court. Peluso is now an in-house attorney for the sheriff's office.

Peluso asked Judge Claudia Isom to issue an order restricting Cohen's contact with Gee, requiring him to go through Gee's attorneys. Peluso complained that Cohen had acted inappropriately when he wrote letters to Gee seeking a meeting to discuss the case with no one else present.

Cohen argued that he and the Aisenbergs had a right to seek answers from Gee about the investigation into Sabrina's disappearance. "As a citizen, like any other citizen whose child was taken, we have a right to know what the Hillsborough County Sheriff's Office is doing to find Sabrina," Cohen said.

But Peluso argued that right was restricted by the fact the Aisenbergs are also plaintiffs in a lawsuit seeking millions of dollars from the sheriff. "We need the protection of the court to get Mr. Cohen to follow the rules," Peluso said.

Isom granted Peluso's request and directed Cohen to go through attorneys if he wants to speak to Gee. The judge also asked that Gee designate an investigator as a point of contact in case Cohen or the Aisenbergs have leads they wish to relay to aid the investigation.

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