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Case against couple in baby's disappearance dismissed

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TAMPA, Fla. (CNN) -- After a magistrate's blistering criticism of the use of wiretaps, the U.S. attorney in Tampa announced Wednesday that she is acting to dismiss a case against a couple whose baby disappeared in 1997.

In the request to file for dismissal of the charges of conspiracy and making false statements against Steven and Marlene Aisenberg, U.S. Attorney Donna Bucella said "there is no longer a reasonable probability of conviction against the defendants."

The Aisenbergs were charged in 1999, based primarily on wiretap recordings of conversations in their home. Investigators said the recordings included incriminating statements by the couple concerning their daughter's disappearance.

It was alleged the couple was involved in the disappearance and lied to investigators. The baby has never been found.

The U.S. attorney's action, coupled with a report from U.S. Magistrate Mark Pizzo, prompted the Hillsborough County sheriff to announce Wednesday he was asking the state's attorney to launch an independent investigation into the conduct of his investigators on the case.

Those investigators placed the wiretaps in the Aisenberg's home.

"Throughout the investigation I have been assured by detectives and their supervisors that proper investigative procedure was followed and the indictments were supported by the evidence obtained during this investigation," Sheriff Cal Henderson told reporters at a news conference.

But, he said, he could not ignore Pizzo's report, and felt he had to take action.

Pizzo's report, issued February 14, recommended the suppression of the wiretap evidence and criticized the sheriff's department's handling of the matter.

The Aisenbergs spoke to reporters Wednesday in Bethesda, Maryland, where they now live, after the U.S. attorney's decision was announced.

"It's a hollow victory, but it's not a victory until Sabrina is home and in my arms," Marlene Aisenberg said. She and her husband denied having anything to do with the disappearance of their daughter.

Steven Aisenberg said they awoke one morning to find their 5-month-old daughter missing from her crib. He said they have no idea what happened to her.

The couple has two other children. They said they believe Sabrina is alive somewhere, and they won't give up hoping she'll be brought back to them.

Henderson said a task force is still searching for Sabrina.

"The baby is still missing. We will continue to follow up on leads and do anything we can to determine what happened," he said.

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