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Aisenberg Informant's Prison Term May Be Reduced By Half

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By JOSH POLTILOVE

The Tampa Tribune

Published: August 6, 2008

TAMPA - An informant who said he got information about the disappearance of Sabrina Aisenberg might see his prison sentence reduced by about half.

Five-month-old Sabrina disappeared from the Valrico home of her parents in 1997. She has never been found.

In a motion last month on behalf of jail informant Dennis Byron, attorney John Trevena wrote that Byron had an illegal prison sentence that needed to be corrected.

Byron's original sentence of 36 months in prison had been reduced, but after Byron was charged with violating house arrest, he was sentenced to nearly 70 months behind bars.

Today, the state said it does not oppose the court going back to the original 3-year sentence against Byron. Its research shows he is legally entitled to that sentence, state attorney's spokeswoman Pam Bondi said.

Byron would not need to be transferred to Hillsborough County and appear at a hearing on the matter Aug. 13 if the court grants Trevena's request, the state said in response to Byron's motion.

While behind bars, Byron served as an informant for the Hillsborough County Sheriff's Office. He wore a wire to get information from cellmate Scott D. Overbeck about Sabrina Aisenberg's disappearance, he said.

In October, Byron pleaded guilty to charges of aggravated assault on a law enforcement officer and driving with a suspended license. He was sentenced to 36 months in prison.

Byron filed a motion to reduce his sentence and was denied.

In December, Byron helped investigators with a wiretap of Overbeck to get a reduced prison sentence, he said. Sheriff's deputies transferred Byron to Orient Road Jail.

Byron told the Aisenbergs' attorney, Barry Cohen, that Overbeck acknowledged chopping Sabrina up, saying Marlene Aisenberg killed the baby in a boat. Overbeck told Cohen that he wasn't involved in Sabrina's disappearance and didn't know the Aisenbergs.

Byron filed another motion in January to reduce his sentence, but that was not filed within the 60-day time limit, Trevena wrote. The court granted Byron's motion anyway, sentencing him instead to 24 months of house arrest and a stay in a residential drug treatment program.

About a month later, on Feb. 25, Byron appeared before Judge Daniel Perry. Byron had been charged with violating house arrest. Byron acknowledged doing so, and Perry sentenced him to nearly 70 months in prison.

"The current sentence is illegal - it is null and void because the court lacked jurisdiction to impose it," Trevena wrote.

In response, the state conceded that a sentence reduction outside the 60-day period may be challenged.

"Therefore, the State does not oppose the defendant's motion," the state says in its response. "Accordingly, the motion should be granted."

Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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