Aisenbergs ask judge to reconsider ruling

Wednesday, June 22, 2005

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Sabrina Aisenberg was 5 months old when she disappeared. The picture on the right shows what she may look like today. Click here for a larger photo.

The ongoing case of Steve and Marlene Aisenberg and their daughter, Sabrina, took another turn Wednesday when their attorney asked a circuit court judge to reconsider a ruling he made Tuesday.

The circuit court judge, William Levens, ruled that the state does not have to turn over any records from the investigation to the Aisenbergs because Hillsborough County Sheriff's Office detectives say the case is still active.

The sheriff's office says it is continuing to act on numerous tips in the case, and is treating the disappearance of the 5-month-old as an ongoing criminal investigation.

The Aisenbergs' attorney, Barry Cohen, believes detectives are doing almost nothing and merely want to hamstring a lawsuit the Aisenbergs want to bring against the sheriff's office.

"When is the day going to come where they're going to stop trying to conceal what happened in this case?" Cohen asked.

Cohen has filed a motion asking the judge to reconsider Tuesday's ruling. He says the sheriff's office should have to do more to prove that it is actively working on the case.

Sabrina Aisenberg vanished from her Valrico home in 1997. Her disappearance has never been solved and her fate is unknown.

A grand jury indicted the Aisenbergs for allegedly lying to law enforcement about their involvement in their daughter's disappearance.

But a few months later, a judge ruled that Hillsborough County Sheriff's detectives lied about the evidence. Federal prosecutors asked for the indictment against the Aisenbergs to be dismissed, and the Aisenbergs moved out of the area.

The Aisenbergs want the case to go to court as part of a lawsuit against the sheriff's office.

"My wife and I have no problem in answering any question posed to us by the police, under oath, in front of a judge and jury," Steve Aisenberg said.