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Aisenbergs expected to fight charges jointly SARAH HUNTLEY N of The Tampa Tribune
TAMPA - The Aisenbergs, expected to plead innocent to federal charges today, want to continue sharing lawyers.Despite an indictment that may ultimately split their defense team, Steve and Marlene Aisenberg are expected to maintain a united front when they appear in Tampa's federal court today.
The couple, scheduled for arraignment in front of U.S. Magistrate Mark Pizzo, filed papers Tuesday indicating they will continue to be represented by law partners Barry Cohen and Todd Foster. The Aisenbergs hired Cohen and Foster shortly after investigators began questioning the disappearance of their 5-month-old daughter, Sabrina.
The Aisenbergs, who told detectives the baby was snatched from her crib Nov. 24, 1997, were indicted Sept. 9 on federal charges of conspiracy and making false statements.
Almost immediately after the indictment was unsealed, local defense lawyers speculated that prosecutors might be trying ``to divide and conquer.'' Although investigators say Sabrina is dead, the baby has not been found and state authorities have not filed murder charges.
The odds of one Aisenberg testifying against the other are slim to none, however, as long as the pair continue to share attorneys.
Although the Aisenbergs' decision to keep Cohen and Foster is significant, the call may not rest with them, former federal prosecutor John Fitzgibbons said. Both the government and the court have the authority to challenge the couple's choice of counsel because of a conflict of interest.
``I will be shocked if the prosecution does not move to disqualify one or both of the defense attorneys from representing both clients,'' Fitzgibbons said. ``It's easier for the government to divide and conquer.''
