Prosecutors asserted for months they had incriminating taped statements of the Aisenbergs when "no such 'taped statements' exist," the judge wrote. Here's some background, from the same article.
Hillsborough sheriff's investigators quickly suspected the couple and received a judge's permission to plant listening devices in the Aisenbergs' kitchen and bedroom. Nearly two years later, a grand jury indicted the Aisenbergs on charges of conspiracy and making false statements.
Prosecutors said the tapes contained dozens of incriminating statements, including Marlene telling Steve, "I hate you, I hate what you did to our tiny daughter." They said Steve could be heard saying, "I wish I hadn't harmed her. It was the cocaine."
The Aisenbergs' attorneys argued from the start that no such statements were made. They said many of the tapes were unintelligible and some statements were taken radically out of context. They also requested that the tapes be publicly released.
Merryday stated he tried to signal in an order filed in November 2000 that the evidence in the case was seriously in doubt. He wrote in that order that he found the tapes "largely inaudible." Despite the red flag, federal prosecutors pursued the case and insisted the tapes contained incriminating statements, he wrote.
A few months later, Magistrate Judge Mark Pizzo wrote a scathing report, describing parts of the investigation as bizarre, baseless, distorted and careless.
Pizzo said the limited number of tapes he listened to did not contain incriminating comments and recommended all tapes from the bugging be suppressed. The news gutted the prosecutors' case. They moved to drop all charges in February 2001.
On Friday, Merryday agreed with Pizzo and said he couldn't hear incriminating statements. He called the disparity between the government transcripts and what he could hear "shocking."
Merryday concluded prosecutors indicted the Aisenbergs solely on the hope the pressure would force one of the Aisenbergs to incriminate the other. Merryday called such a strategy "vexatious."
A month after the charges were dismissed, the Aisenbergs' attorneys filed a motion citing the Hyde Amendment, a law that allows federal criminal defendants to collect attorneys' fees from the government if the case was frivolous, vexatious or brought in bad faith.
As to consequences to the prosecutors and cops:
The two lead prosecutors in the case, Stephen Kunz and Rachelle DesVaux Bedke, still work for the Department of Justice. After the case imploded, the department's Office of Professional Responsibility opened an investigation into their conduct. Cole, the U.S. Attorney's Office spokesman, said they have not received word on the outcome.
The Hillsborough Sheriff's Office's two lead detectives, Linda Burton and William Blake, and Maj. Gary Terry, who oversaw the investigation, received written reprimands last year. None was demoted or docked pay.
One sheriff's detective is still assigned to the case full-time, and the Aisenbergs have not been ruled out as suspects, said Lt. Rod Reder, sheriff's spokesman.
Why haven't these people been fired? Where is the accountability?
Great work by the defense team led by Barry Cohen of Tampa. They earned every penny for their years of hard work and dedication to obtaining justice for the Aisenbergs. Who could be any of us.
