Steve and Marlene Aisenberg reported their daughter missing in November 1997

October 15, 1999
Web posted at: 1:17 p.m. EDT (1717 GMT)

In this story: Judge urges separate lawyers 'The baby's dead. You did it' Baby's whereabouts still a mystery RELATED STORIES, SITES

TAMPA, Florida (CNN) -- A husband and wife who deny charges they lied to police after their 5-month-old daughter vanished in Florida nearly two years ago are due back in federal court Friday. Authorities say they have incriminating tape recordings to back up their case against Steve and Marlene Aisenberg.

VIDEO CNN's Susan Candiotti reviews the case. (October 15) Windows Media 28K 80K The day Sabrina disappeared, her mother went on television asking for her return. Watch the video. Real 28K 80K Windows Media 28K 80K

The Aisenbergs reported their daughter Sabrina missing from their home in Brandon, a Tampa suburb, on November 24, 1997. Almost immediately, they made tearful pleas on television for the girl's safe return.

They said someone must have come into the house through an unlocked door during the night and kidnapped the baby from her crib.

A federal grand jury indicted the Aisenbergs September 9 on charges of conspiracy and making false statements about Sabrina's disappearance. They were arrested the same day at their new home in Bethesda, Maryland, where they moved last spring with their two other children.

Defense attorney Barry Cohen entered not guilty pleas for both of the Aisenbergs last week during an arraignment hearing in U.S. District Court in Tampa, the couple standing silently next to him.

Because one attorney represents both husband and wife, U.S. Magistrate Mark Pizzo recommended the couple hire separate attorneys to avoid a conflict of interest if one is offered a reduced sentence to testify voluntarily against the other. Spouses can not be forced to testify against each other.

Cohen said his clients wanted him to represent them both.

The Aisenbergs, who are free on bond, held hands as they left the courthouse after the 10-minute hearing. They said nothing to reporters and drove away with Cohen in a van.

In the indictment, investigators said they had taped conversations of the parents discussing Sabrina, including one a month after the baby's disappearance.

According to the indictment, Marlene Aisenberg told her husband on December 23, 1997, "The baby's dead and buried! It was found dead because you did it! The baby's dead no matter what you say -- you just did it."

The Aisenbergs' baby, Sabrina, was 5 months old when she was reported missing

Steve Aisenberg, according to the indictment, replied, "Honey, there was nothing I could do about it. We need to discuss the way that we can beat the charge."

About a month later, a transcript of another secretly recorded conversation has Steve Aisenberg saying, "I wish I hadn't harmed her," while Marlene is quoted: "I just can't take the rap for this."

The couple also allegedly talked about what to tell authorities and about faking a kidnapping.

The conversations were recorded by a court-approved listening device police secretly placed in the Aisenberg home.

Cohen said after the Aisenbergs were arrested that the comments were taken out of context and had nothing to do with Sabrina's disappearance.

No body has been found and investigators said they still don't know where the child is or what happened to her.

While the case remains a missing-person investigation, authorities say they fear the baby is dead, though the Aisenbergs have not been charged with murder or kidnapping.

Aisenberg, 36, is charged in five counts; his wife, also 36, is charged in six counts.

If convicted, he would face a maximum of 25 years in prison and a $1.25 million fine and she would face up to 30 years in prison and a $1.5 million fine.

Correspondent Susan Candiotti, The Associated Press and Reuters contributed to this report.