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Aisenberg Attorney Targeted, He Says, Despite Gee's Denial

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By JOSH POLTILOVE | The Tampa Tribune

Published: July 28, 2008

Updated: 07/28/2008 04:52 pm

TAMPA - Attorney Barry Cohen says the Hillsborough County Sheriff's Office was trying to frame him.

He said deputies made him a target in their investigation into the 1997 disappearance of 5-month-old Sabrina Paige Aisenberg. Cohen represented Sabrina's parents, Steve and Marlene Aisenberg, on federal charges of lying to investigators. He said he still is their attorney.

At a news conference this morning at his Tampa law office, he said the sheriff's office tried to work the system to get information against him, the Aisenbergs and his investigator, Johnny Tranquillo.

"They're trying to frame me because I zealously defended the Aisenbergs," he said.

In a text message to The Tampa Tribune on Sunday, Sheriff David Gee said Cohen "is not, nor ever has been" the subject of an investigation into Sabrina's disappearance.

A prisoner named Dennis Byron used his role as an informant to say in a recorded statement that Cohen and Tranquillo conspired to cover up Sabrina's disappearance, according Byron's attorney, John Trevena.

Trevena said sheriff's office attorney Tony Peluso told him he had a "rock-solid case." Peluso, a former federal prosecutor who argued against awarding the Aisenbergs hefty legal fees after the charges against them were dismissed, denied saying that to Trevena.

Byron was approached by two detectives while at a Lake Butler processing center and asked about Sabrina's disappearance, according to court transcripts. Sheriff's deputies transferred Byron to the Orient Road Jail in December 2007. He wore a wire and received information from his cellmate, Scott D. Overbeck, according to the transcripts. Cohen said the two were friends and had partied together before.

In exchange for helping law enforcement, Byron was promised benefits including calling cards and money to spend at a canteen in jail, and when he asked for a reduced sentence, they gave it to him, Trevena said.

Trevena has spoken with Byron for several hours about the investigation and said "it was abundantly clear throughout that the sheriff's office was targeting Mr. Cohen, Mr. Tranquillo and the Aisenbergs and that was never an issue in his mind." Trevena said it was "bizarre" that the sheriff's office would claim otherwise.

Overbeck said he bought a boat from a woman in Valrico a week before Sabrina disappeared and "had a hunch" after seeing media coverage of the case that the woman was Marlene Aisenberg, according to sworn statements Cohen took last week from the two men.

Byron told Cohen that Overbeck "apparently" was hired by Tranquillo to get the boat from the Aisenbergs' home and that there had been a dead baby inside it. Tranquillo "apparently" contacted Overbeck, who told Byron he had chopped up the baby and put her remains in crab pots along the Courtney Campbell Parkway, according to Byron's statement.

There is no record of any watercraft being registered in the Aisenbergs' name.

Cohen said he learned about two weeks ago that he was being targeted.

He spoke with Overbeck and Byron and said that both men told him the sheriff's office targeted him. He said, however, that they told him they didn't have any evidence he was involved in Sabrina's death or disappearance.

Overbeck wouldn't tell deputies that Cohen was involved, Cohen said.

Cohen said it wouldn't have been possible for Tranquillo to have been involved. Tranquillo was in St. Joseph's Hospital having heart surgery, he said.

The sheriff's office says Cohen has never been a target, subject or person of interest in the case.

The office and Peluso issued the following statement Sunday afternoon:

"HCSO detectives and employees treat all of these leads in a professional and scientific manner, gathering facts and allowing the facts to direct our actions, conclusions and decisions. Lead information comes to the HCSO from a variety of sources. Obviously, some of our informants are more reliable and trustworthy than others. Nonetheless, regardless of the source, we are honor bound to lawfully investigate every viable lead, no matter whose feathers it might ultimately ruffle.

"There is no political, personal or other improper agenda associated with the investigation into the disappearance of Sabrina Paige Aisenberg."

The sheriff's office has no additional comment, sheriff's spokeswoman Debbie Carter said today.

Cohen said he didn't call the media to his office to discuss his feathers being ruffled. Instead, he said, he wanted to discuss truth and what goes on behind the scenes.

"Most people who come through the system don't have the money – don't have the legal team to expose what we have going on today," he said. "This system needs to get fixed. We can't have the continuation of the lack of scrutiny and the lack of honesty in our system."

He wants Gov. Charlie Crist to appoint a commission of people who have been through the system, convicts.

He said change is needed because informants often lie to get lighter sentences.

Sabrina disappeared from her crib 11 years ago, when the family lived in Valrico. Her parents, who now live in Maryland, were charged in federal court with lying to investigators about their daughter's disappearance.

The charges were dropped in 2003 after key evidence - recordings of bugged conversations - was thrown out because investigators lied to keep the listening devices in place. A judge also ruled that the tapes were inaudible. Eventually, the U.S. government paid $1.5 million in legal fees.

Cohen said his gut feeling is that Sabrina is alive. He doesn't think the sheriff's office willfollow the right leads, which means the department finding her is unlikely. He does think, however, that she will be found alive. "It could be years. It could be decades."

Researcher Michael Messano contributed to this report. Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691.

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