A Parent's Worst Nightmare

Summary

Podcast Summary: "A Parent's Worst Nightmare"

Introduction

In the gripping episode titled "A Parent's Worst Nightmare," CBS News' award-winning series "48 Hours" delves deep into the mysterious disappearance of seven-year-old Sabrina Eisenberg from her family home in Valrico, Florida. Hosted by Anne-Marie Green, the episode meticulously unpacks the intricate layers of this heart-wrenching case, exploring the initial disappearance, the ensuing police investigation, the mounting suspicion on Sabrina's parents, and the eventual unraveling of a flawed legal pursuit.

The Disappearance of Sabrina Eisenberg

On the morning of November 24, 1997, the Eisenberg family of Valrico, Florida, experienced a nightmare that would forever alter their lives. Marlene Eisenberg recounts the terrifying moment when Sabrina vanished from her crib. At [01:19], Steve Eisenberg vividly describes the horror: “I gave you the kidnapped.” Marlene adds poignantly, “[01:21] It’s the most horrific thing you can imagine looking into your child's crib and not seeing her there.”

The initial response was chaotic. Marlene admitted, “[03:02] Marlene and Steve Eisenberg would be the first to tell you they're just a regular family. When you encounter a stranger or someone that doesn't know you very well and they ask you how many children you have, what do you say?” Their youngest daughter, Sabrina, was reported missing, setting off an extensive search operation.

Police Investigation and Growing Suspicion

As days turned into weeks, the police investigation faced significant challenges. By [05:46], Marlene laments, “[05:46] But that night with the door open, the Eisenbergs can only assume that someone crept quietly into the house and snatched Sabrina while they were sleeping.” However, inconsistencies in the parents' behavior began to raise red flags among investigators. Steve mentions, “[09:04] First of all, you're in shock and my baby is gone. I have no idea where she is, and I have to say something.”

Local reporter Bill McGinty captures public sentiment, noting, “[07:48] A little tough to swallow that somebody went in through a door and took a baby out of a crib right across the hallway from where they were sleeping.”

Suspicion intensified when evidence, such as a fleeting smile from Steve captured on videotape ([09:05] “For a brief moment, less than a second, really, Steve was recorded with a smile on his face.”), suggested possible deceit. Additionally, the family dog, Brownie, did not react to the intrusion, leading police to question the Eisenbergs' credibility further.

Secret Wiretapping and Heightened Tensions

Feeling the investigation was stagnating, the Hillsborough County Sheriff's Office took a controversial step. By [17:50], it’s revealed that detectives obtained a warrant to secretly plant listening devices in the Eisenberg household. Steve explains, “[18:33] Every day for nearly three months, from 7am to midnight, sheriff's deputies listened and recorded thousands of private conversations going on in the Eisenberg home.”

This covert operation was intended to capture incriminating conversations. Prosecutors believed that these recordings would exonerate them or provide the evidence needed to implicate the parents. However, the effectiveness and legality of these wiretaps soon came into question.

Legal Battle and Questionable Evidence

As pressure mounted, the Eisenbergs, feeling targeted and wronged, sought legal representation. They hired Barry Cohen, a renowned defense attorney, who vehemently challenged the integrity of the prosecution's case. Cohen states, “[15:33] There was no physical evidence. This entire investigation, the FBI, the Hillsborough County Sheriff's Office, did not produce one piece of physical evidence that even suggested that either one of them were responsible.”

The crux of the prosecution's case rested on the secretly recorded conversations. At [25:22], Steve articulates the gravity of the situation: “The indictment was based on the police bugging operation that lasted nearly three months. More than 2,600 conversations were recorded between the Eisenbergs in which police say they discussed killing their daughter.”

However, underlying issues with the evidence began to surface. Cohen revealed discrepancies in the transcripts compared to the actual audio, undermining the prosecution's claims. “[32:06] Barry Cohen hired a former analyst from the FBI to listen to the tapes... ‘This entire paragraph right here is nonsense.’” Further expert analysis confirmed that the recordings were largely unintelligible and did not support the prosecution's narrative.

Indictment and Case Collapse

In December 2000, the Eisenbergs faced a tumultuous courtroom showdown. The prosecution played the suspect tapes, but the defense successfully demonstrated their flaws. “[31:17] It sounded like chickens squawking with a hurricane playing in the background,” narrated Steve, highlighting the poor quality of the recordings.

Barry Cohen's mounting evidence against the prosecution culminated in two judges ruling the tapes inadmissible. “[36:18] Barry Cohen: No. They were lies.” This pivotal turn led to the indictment being dismissed one week later. Steve reflects on the vindication, “[37:28] It was a relief. Vindication, no. Relief, yes.”

Ongoing Hope and Unresolved Mysteries

Despite clearing their names, the Eisenbergs remain haunted by the absence of their daughter. Marlene shares, “[40:04] When we go to bed at night, we say goodnight to all our kids… and we say goodnight, Sabrina.” Their home now contains a reserved bedroom for Sabrina, symbolizing their unwavering hope.

The search for Sabrina continues, with new leads occasionally emerging. A promising breakthrough in Illinois involved a child believed to resemble Sabrina, but DNA tests ultimately did not match ([42:11] “Paloma's DNA did not match.”). Nonetheless, the Eisenbergs persist, relying on advancements in forensic imaging to keep the hope alive. Joe Mullins from the National Center for Missing and Exploited Children assists in creating age-progressed images to aid in the search.

Marlene concludes with a heartfelt plea, “[44:04] And when she comes home, everyone will know the truth. And what we ask is that you look to help bring her home so you can see the truth, too.”

Conclusion

"A Parent's Worst Nightmare" serves as a poignant exploration of the Eisenbergs' ordeal, highlighting the vulnerabilities in the criminal justice system when handling missing child cases. The episode underscores the complexities of navigating suspicion, legal battles, and enduring hope in the relentless quest to reunite a family torn apart by tragedy. As the Eisenbergs continue their search, the episode leaves listeners contemplating the profound impact of loss, the flaws in law enforcement’s pursuit of truth, and the enduring resilience of parental love.

Notable Quotes

• Marlene Eisenberg at [01:25]: "And we need her back in our family where she belongs."
• Steve Eisenberg at [05:46]: "But that night with the door open, the Eisenbergs can only assume that someone crept quietly into the house and snatched Sabrina while they were sleeping."
• Steve Eisenberg at [09:04]: "First of all, you're in shock and my baby is gone. I have no idea where she is..."
• Barry Cohen at [15:37]: "There was no physical evidence. This entire investigation... did not produce one piece of physical evidence..."
• Steve Eisenberg at [25:36]: "The indictment was based on the police bugging operation... in which police say they discussed killing their daughter."
• Barry Cohen at [32:12]: "He said, well, I'm gonna call it the way I see it... that was the turning point of the case."
• Marlene Eisenberg at [35:52]: "She goes to William's shoes. And there's her big brother acting silly."
• Steve Eisenberg at [36:30]: "They lied to the judge because they didn't have any evidence."
• Marlene Eisenberg at [43:18]: "I pray to God somebody can look at her and say, that's an Eisenberg."

This comprehensive summary encapsulates the emotional and investigative journey of the Eisenberg family, offering listeners a thorough understanding of the case's progression and its profound implications.

Transcript

[Narrator]

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[Marlene Eisenberg]

Sabrina, come crawl to mommy. She had just started to crawl. She could not get out of the crib herself. Come on. Oh, she's getting up. Here she goes.

[Steve Eisenberg]

I gave you the kidnapped.

[Marlene Eisenberg]

I mean, it's the most horrific thing you can imagine looking into your child's crib and not seeing her there.

[Steve Eisenberg]

Oh, God, my baby's crying.

[Narrator]

My baby's coming.

[Marlene Eisenberg]

Every night we kick myself because we didn't use an alarm and we had one every night. But I'm not gonna dwell on it.

[Narrator]

If the Eisenbergs are telling the truth, you have to believe that someone walked into their house in the middle of the night to where baby Sabrina was sleeping, plucked her out of a crib and vanished forever.

[Marlene Eisenberg]

And we need her back in our family where she belongs.

[Narrator]

And I know she's out there.

[Barry Cohen]

I think that Steve and Marlene know.

[Narrator]

More than what they're saying.

[Marlene Eisenberg]

Police are like, well, we believe you know where Sabrina is or what happened to her. All of a sudden I hear Marlene come downstairs and the next thing I know is there's a gun being pointed right at my face.

[Narrator]

At some point, it became just like a soap opera. Where is your daughter?

[Marlene Eisenberg]

Not only has our daughter been taken from us, but they tried to destroy everything about our family.

[Narrator]

Can you tell us where Sabrina is?

[Marlene Eisenberg]

It hurts. She's seven years old and she's not home yet. That kills me.

[Steve Eisenberg]

Where's our baby?

[Marlene Eisenberg]

Happy Halloween. Happy Halloween, everybody. Happy Thanksgiving.

[Steve Eisenberg]

Hey, Marlene.

[Narrator]

The young brother.

[Marlene Eisenberg]

Oh, James. Happy birthday. I love you. Our life is like a fairy tale. We started off so happy.

[Narrator]

Say Happy New Year.

[Marlene Eisenberg]

Monica, blow. We're very naive. Young, happy. Go lucky and I don't think we're so naive anymore. And Sabrina's crawling and she's almost five months old. I don't think we're so happy go lucky anymore.

[Steve Eisenberg]

Marlene and Steve Eisenberg would be the first to tell you they're just a regular family. When you encounter a stranger or someone that doesn't know you very well and they ask you how many children you have, what do you say?

[Narrator]

Three? Because that's how many children I do have.

[Steve Eisenberg]

But their youngest daughter, Sabrina, has not been seen or heard from for more than 10 years. Not since November 24, 1997, when the five month old seemingly vanished.

[Marlene Eisenberg]

I believe she's just a beautiful young lady. Seven years old. She's not a baby anymore.

[Narrator]

I have dreams often that she's coming home and that we're playing and the dreams are as vivid as they're real.

[Steve Eisenberg]

Have you been able to successfully rebuild your life?

[Marlene Eisenberg]

Um, we are a happy family, but we will be an ecstatic family when we're all together like we should be.

[Steve Eisenberg]

Steve and Marlene Eisenberg's ordeal began here at their home in Valrico, Florida, just outside of tampa. It was 6:30 in the morning and Marlene was beginning her day, rising early as usual before her husband and three children. Immediately, though, she sensed that something wasn't quite right, that something had gone terribly wrong.

[Marlene Eisenberg]

I remember just screaming, 91 1, I helped. My baby's gone out of the grin. All right, ma' am, calm down.

[Narrator]

Oh, God, my baby's gone. My baby's gone.

[Marlene Eisenberg]

It's something I really don't like to listen to because I can't. It just brings everything back.

[Steve Eisenberg]

Marlene and Steve would like to forget everything about that awful night, especially the garage door that they admit to leaving open.

[Narrator]

The garage was left open.

[Marlene Eisenberg]

Door was left open. I think the garage must have been left.

[Steve Eisenberg]

Would you have done anything differently about securing the house?

[Narrator]

Oh, for sure.

[Marlene Eisenberg]

My God.

[Steve Eisenberg]

What would you have done differently?

[Marlene Eisenberg]

What we do now, I look at the doors every night and we make sure they're shut and locked. And we turn the alarm on every night we kick myself ourself because we didn't use an alarm and we had one. Of course we would do things differently.

[Steve Eisenberg]

But that night with the door open, the Eisenbergs can only assume that someone crept quietly into the house and snatched Sabrina while they were sleeping.

[Marlene Eisenberg]

My baby's not in her crib, you know. Where is she? All right, stay on the line. Do you have other kids in the house?

[Narrator]

See if Monica's nervous.

[Marlene Eisenberg]

She is Take it to the baby.

[Steve Eisenberg]

After Marlene called 911, Steve went next door to a neighbor. The doorbell rang that morning. And your wife answered the door?

[Narrator]

Yes.

[Steve Eisenberg]

What happened next?

[Narrator]

The first thing Steve had said to my wife was, she's missing.

[Steve Eisenberg]

Scott Middleton is a former Tampa cop. At the time, he and his wife lived directly across the street.

[Narrator]

My wife had ran out the front door, and Marlene was waving, just, you.

[Steve Eisenberg]

Know, hey, what do you mean?

[Narrator]

Well, it was, you know, it wasn't the panic. You know, it was not a panic. Parent.

[Steve Eisenberg]

Immediately, his police training kicked in. What struck you as odd that morning?

[Narrator]

They're just, you know, and I'm a parent myself. There wasn't any emotion there to say, hey, my kids are gone.

[Steve Eisenberg]

But this news video shows how distraught Marlene was that November morning Sybrina disappeared.

[Marlene Eisenberg]

I didn't understand anything that was going on. I mean, it was just all hysterics. And I called Marlene, and it was a miracle that she picked up. And she was a mess.

[Steve Eisenberg]

Good friend Kathy Dodson heard the panic in Marlene's voice. She was crying.

[Marlene Eisenberg]

And I said, I just heard.

[Steve Eisenberg]

Is it true?

[Marlene Eisenberg]

I mean, I was just blown away. And she was like, yes.

[Steve Eisenberg]

Yeah, I gotta go.

[Marlene Eisenberg]

I gotta go. I mean, she was just a mess.

[Steve Eisenberg]

Within minutes, deputies from the Hillsborough County Sheriff's Department descended on the Iceberg home, and the media was right behind them.

[Narrator]

This was a great story. Being a parent, I hate to say that anyone's missing child is a good story. But as time wore on, it became a very interesting story.

[Steve Eisenberg]

TV reporter Bill McGinty covered the story for WTSP, the CBS affiliate in Tampa.

[Narrator]

This was the lead story in our newscast every day for months, because every day there was something new to tell.

[Steve Eisenberg]

Sheriff's deputies began an extensive search in and around the Eisenberg home, but found nothing.

[Narrator]

There are mass witnesses at this point. We have no reason to believe that they're involved.

[Steve Eisenberg]

Still, deputies were struck by the disheveled appearance of the Eisenberg home. To the cops, it spelled neglect. But to her friends, it was just the way Marlene was.

[Marlene Eisenberg]

She wasn't an immaculate housekeeper. Anybody would testify to that, that, you know, her house was a mess by.

[Steve Eisenberg]

The end of that first horrible day.

[Marlene Eisenberg]

And I'm begging that person to please bring our baby back to us.

[Steve Eisenberg]

Police encouraged the couple to go on TV and plead for their daughter's safe return. But to a curious public, the Eisenbergs seemed cold and aloof.

[Narrator]

Most people thought at least the speculation on the street is, if my baby were taken, I'd Be a lot more upset than that.

[Steve Eisenberg]

Some people looking at that have said that you seemed strangely unemotional.

[Marlene Eisenberg]

First of all, you're in shock and my baby is gone. I have no idea where she is, and I have to say something. And we all miss her and love her very much, and we need her to come home to us, please. You don't know what to say. You don't know how to react. There's not a book that you read on what to go through when you've had something horrible happen in your life.

[Steve Eisenberg]

But like a lot of people, McGinty thought there was just something slightly off about their story.

[Narrator]

It's a little tough to swallow that somebody went in through a door and took a baby out of a crib right across the hallway from where they were sleeping. You drive into the neighborhood, there's one way in, one way out. They live on a cul de sac. There's a big wall around their neighborhood.

[Steve Eisenberg]

Suspicion was growing around the Eisenbergs. Take this snippet of videotape. For a brief moment, less than a second, really, Steve was recorded with a smile on his face.

[Narrator]

A lot of our behavior was what was dictated for us to do and be by the police. When we were leaving our house one day, they made a joke and we laughed. The focus of the story shifted From Sabrina Eisenberg, 5 months old, missing baby, to Marlene and Steve Eisenberg.

[Steve Eisenberg]

Even Brownie, the family dog, came under scrutiny. Why had she not barked at the intruder?

[Narrator]

Brownie was a nut.

[Steve Eisenberg]

Would Brownie bark at his own shadow?

[Narrator]

Yeah. Brownie was a dog that was full of all kinds of energy.

[Steve Eisenberg]

Rambunctious dog.

[Marlene Eisenberg]

Laid back.

[Steve Eisenberg]

Laid back.

[Marlene Eisenberg]

Laid back.

[Steve Eisenberg]

Brownie did not bark.

[Marlene Eisenberg]

Nope.

[Steve Eisenberg]

With the Eisenberg's permission, the FBI tapped their phone so that any call from a kidnapper could be traced. One of the first calls was from Steve's brother Dave, a lawyer. Well, what's going on down there?

[Narrator]

I mean, the detectives are doing their job. They're following every lead they have.

[Steve Eisenberg]

When detectives listened in, they were amazed that Steve, supposedly awaiting a call from his child's kidnappers, never answers the call waiting beep that kicks in every other.

[Narrator]

Phone call is the press. Right now, the detectives are in a meeting.

[Steve Eisenberg]

To the police, this was proof the Eisenbergs knew much more about Sybrina's disappearance than they were letting on. Any concerned parent they thought would have taken that call immediately. Suspicious, the detectives confronted Marlene.

[Marlene Eisenberg]

We called them here to help us find her or who took her or where is she and this person sitting there telling me, you know, well, we think you know where Sabrina is and what happened.

[Steve Eisenberg]

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[Narrator]

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[Steve Eisenberg]

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[Narrator]

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[Steve Eisenberg]

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[Narrator]

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[Steve Eisenberg]

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[Narrator]

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[Steve Eisenberg]

24 hours after Sabrina was reported missing, the Eisenbergs were frustrated with the police response.

[Marlene Eisenberg]

They chose to look for a body, not a baby. Any lead that was called in for a live baby at the airport, they didn't follow up on it. 911A neighbor. A couple nights before Sabrina was taken from our house, a woman had her window of her baby's room broken into A couple of nights before.

[Narrator]

1534 hours.

[Steve Eisenberg]

Are you telling me that the police never conducted an honest search during the.

[Marlene Eisenberg]

Day they tried to find a body?

[Narrator]

The investigators never really got past Mr. And Mrs. Eisenberg.

[Steve Eisenberg]

Graham Brink, a reporter for the St. Petersburg Times, has written extensively about the case.

[Narrator]

Most people, I believe, would tell you that the community thought they had done it or that it was an accident and they were covering it up.

[Steve Eisenberg]

You understand that the police had to investigate you?

[Marlene Eisenberg]

Oh, sure, investigate us, but follow other leads.

[Steve Eisenberg]

The statistics show that when a baby is abducted, there's only one chance in a thousand that someone other than a family member did it.

[Narrator]

Well, guess what? You're meeting number one right there.

[Marlene Eisenberg]

She goes to William's shoes. And there's her big brother acting silly.

[Steve Eisenberg]

Before Sabrina disappeared, life for the Eisenbergs largely revolved around their three children, Sabrina and her two older siblings, William, then 9, and Monica, 5.

[Marlene Eisenberg]

You know, I love kids. I love my kids, I love my friends kids. And I want you to tilt your head up and blow as hard as you can.

[Steve Eisenberg]

Marlene even started her own business for kids, running a baby and toddler exercise program. Steve worked real estate in Tampa's blooming economy.

[Marlene Eisenberg]

We are just regular people.

[Steve Eisenberg]

But ugly gossip was spreading. Tell me what kinds of things were you hearing?

[Narrator]

One of them may have been having an affair, that the baby may not have been Steve's biologically.

[Steve Eisenberg]

The Eisenbergs, meanwhile, continued to cooperate with the investigation. Sheriff's detectives gave the couple lie detector tests and then reportedly leaked information that some of Marlene's answers were deceptive. The results of your first polygraph test, Marlene, was inconclusive.

[Marlene Eisenberg]

Correct.

[Steve Eisenberg]

And you failed the second test?

[Marlene Eisenberg]

I was told I was inconclusive on the second test as well.

[Steve Eisenberg]

Police said that you failed it.

[Marlene Eisenberg]

I was told by them that I was inconclusive.

[Steve Eisenberg]

The investigation was now three days old. And at the advice of his brother, Steve got a lawyer.

[Narrator]

You guys should get an attorney, you know, because these people are, you know, they're out to get you.

[Steve Eisenberg]

The Eisenbergs hired Barry Cohen, one of the most high profile and combative lawyers in Florida. What kind of lawyer are you?

[Barry Cohen]

Good lawyer. Damn good lawyer.

[Steve Eisenberg]

Cohen says there's nothing that points to his client's guilt.

[Barry Cohen]

There was no physical evidence. This entire investigation, the FBI, the Hillsborough County Sheriff's Office, did not produce one piece of physical evidence that even suggested that either one of them were responsible. Everybody's probably a suspect, and they've been asked the hard questions.

[Steve Eisenberg]

Despite that, Cohen says sheriff's detectives had one mission. To prove the Eisenbergs were involved.

[Barry Cohen]

When I saw the police were acting in bad faith and that they were destined to try to frame Marlene and Steve, that's when we stopped cooperating.

[Steve Eisenberg]

The Hillsborough County Sheriff's Office refused to talk to us about the case. But reporter Bill McGinty says the cops definitely pursued other leads, even though the vast majority were from people who mistakenly thought they had spotted Sabrina.

[Narrator]

They were running two parallel investigations, one looking at the Eisenbergs and one looking into every other possibility. We went to their Eisenberg war room, where they had volumes of information, places they'd been to, thousands of different leads.

[Steve Eisenberg]

But there's no doubt the police felt stymied just when they thought they were on the verge of breaking the couple.

[Barry Cohen]

We are not going to permit any further interviews.

[Narrator]

The case became very adversarial. Would you say that the Eisenbergs are cooperating in the search for Sabrina? Limited cooperation. Very limited. It was Barry trying to defend his clients as best he could against what he saw was a hoard of investigators and prosecutors trying to bring them down.

[Steve Eisenberg]

Why would innocent people need to hire a lawyer?

[Barry Cohen]

Because the law enforcement officers were not trying to find the truth.

[Steve Eisenberg]

Leads were pouring in, but the police clearly Thought their best suspects were sitting right in this house. In a highly unusual move reserved largely for mob bosses and drug kingpins, Hillsborough county sheriff detectives got a warrant allowing them to secretly plant small listing devices or bugs in the Eisenberg's kitchen and bedroom. Why did the police wiretap the home?

[Narrator]

I think they thought it was their last chance of getting the Eisenbergs. This would not be a good place for microphone.

[Steve Eisenberg]

48 Hours asked Mike Paris, a wiretap and bug detection expert, to come to the Eisenberg home to show us how the wiretapping operation worked. This is the actual bug.

[Narrator]

That's the microphone here? Yes. It's quite sensitive to. It has the ability to pick up a whisper within probably about 30 or 40, 40ft.

[Steve Eisenberg]

Paris explains that the bug is attached to a transmitter and then placed behind a wall jack to an existing telephone line. A sophisticated eavesdropper is going to want.

[Narrator]

To be able to have access to.

[Steve Eisenberg]

Wire like we have here. The sound then travels along outside phone lines to a nearby police station. And the sound quality?

[Narrator]

Excellent.

[Steve Eisenberg]

Excellent.

[Narrator]

As long as it's applied correctly.

[Steve Eisenberg]

Which is critical.

[Narrator]

That's correct.

[Steve Eisenberg]

Every day for nearly three months, from 7am to midnight, sheriff's deputies listened and recorded thousands of private conversations going on in the Eisenberg home.

[Barry Cohen]

They had a lot of pressure on them to make a case, so they figured if they're guilty, they'll probably talk about it.

[Steve Eisenberg]

Sybrina had been gone for two months when a federal grand jury was convened to examine her disappearance. Where is Sabrina? The Eisenbergs were asked to testify, but Cohen advised them to invoke their Fifth Amendment rights. He advised you not to testify before the grand jury looking into your daughter's disappearance. Well, why wouldn't you want to do that?

[Narrator]

We did what we felt was necessary at that time.

[Steve Eisenberg]

You know how it looked, though. Your daughter is missing, and you two don't want to cooperate with the process. You don't want to testify that he's not the grand jury.

[Narrator]

That's not true. We cooperated 100%.

[Steve Eisenberg]

You didn't testify before the grand jury.

[Narrator]

You know what? If you have any other grand jury questions, you can ask our attorneys.

[Steve Eisenberg]

Why did you advise the Eisenbergs not to testify before the grand jury?

[Barry Cohen]

I knew the reputation of Steve Koontz.

[Steve Eisenberg]

Stephen Koontz was the lead federal prosecutor in the case. And to put it mildly, Cohen doesn't think much of him.

[Barry Cohen]

He has no business in the system. If he worked for a corporation, that'd be sued for Negligent hiring and or negligent retention successfully.

[Steve Eisenberg]

Is that when things got really ugly?

[Narrator]

You know, things have been ugly for so long, we don't remember when they became ugly.

[Steve Eisenberg]

As the grand jury heard testimony, social workers showed up at the Eisenberg's front door to investigate whether the couple's older children, William and Monica, were being mistreated. So what did you make of this? Was this a strong arm tactic?

[Marlene Eisenberg]

Totally. I think they wanted to scare us and let us think that they were taking away our children. They just wanted to know because they could talk to them all evening and the children would let them know that all we do is love them.

[Barry Cohen]

But it's just another effort on the part of the authorities here in this case to break these people.

[Steve Eisenberg]

But their ordeal was only just beginning.

[Marlene Eisenberg]

It was like the scariest thing to have a gun pointed at you. I mean, he was literally aiming the gun right at my face.

[Steve Eisenberg]

The swamps outside Tampa keep many secrets. Do they also hold the key to solving the mystery of what happened to Sabrina Eisenberg? Searchers seem to think so. But after a year and a half without any answers, the sheriff's office was feeling the pressure, and Barry Cohen knew it.

[Barry Cohen]

They were embarrassed. They didn't want to have another Ramsey case on their hands. Out here, where the investigators were made.

[Steve Eisenberg]

A fool out of like the Ramsey case, detectives looking for Sabrina Come Home to Us were convinced the parents were somehow involved.

[Narrator]

I think once law enforcement collectively decided that the Eisenbergs were responsible and guilty, then whatever it took to implicate and to charge them, then that was going to be done.

[Steve Eisenberg]

John Fitzgibbons, a former U.S. attorney now in private practice in Tampa, says Barry Cohen.

[Barry Cohen]

I don't care what they said.

[Steve Eisenberg]

And his zeal to protect the Eisenbergs was aggravating investigations.

[Narrator]

Barry basically and repeatedly stabbed his finger in their eye throughout the case.

[Barry Cohen]

We don't know if they've correctly written down what they've said. We don't know whether they've taken out of context. We don't know whether they've confabulated the information.

[Narrator]

He mocked the investigation. He publicly challenged the investigation.

[Barry Cohen]

They should be apologizing not only to the Eisenbergs, but to all of the other law enforcement officers, officers whose integrity they have undermined.

[Steve Eisenberg]

Do you think that using kinder, gentler language and being more cooperative would have helped your clients more?

[Barry Cohen]

Well, no, I don't think any. I don't think this case called for any euphemisms or any kinder language. This was A war. This was a war. You don't go into a war with a BB gun.

[Steve Eisenberg]

The Eisenbergs, meanwhile, were trying to keep their hopes alive.

[Marlene Eisenberg]

We know we didn't harm her, and I can't believe anybody else would harm her. I believe that she was taken to be loved by someone.

[Narrator]

What I think about is, how can I bring my daughter home? And that's what's most important to me.

[Steve Eisenberg]

By May 1999, the Eisenbergs were struggling financially. So they sold their house in Florida and moved back to Steve's childhood home in Bethesda, Maryland.

[Marlene Eisenberg]

I believe that the police are someone you're supposed to teach your kids to respect. And I could not do that living in Tampa.

[Steve Eisenberg]

And just four months later, on September 9, they received some unexpected visitors.

[Marlene Eisenberg]

I was packing because our family was going to Boston for Rosh Hashanah. Clothes on the bed and cars pulled.

[Steve Eisenberg]

Up.

[Marlene Eisenberg]

And got a look. And seeing people just walking around the driveway, I didn't understand who these people were, why they're all coming here. So I called Barry, I called my attorney. I'm literally on hold, you know, wanting to talk to somebody. It must have been a new secretary or something. And she didn't know where anybody was. They've broken into the house. All of a sudden I hear Marlene come to come downstairs. You need to come downstairs. And I come right here. And the next thing I know is there's a gun being pointed right at my face. And he's just pointing a gun right at me. And I'm like, just in shock just looking at them. What's going on? And he's like, put down the phone. And I was like, put down the gun. It was like the scariest thing to have a gun pointed at you. I mean, he was literally aiming the gun right at my face.

[Steve Eisenberg]

The intruders tell Marlene who they are, the FBI.

[Marlene Eisenberg]

I said, did you find Sybrina? Where is she? And at that point they said, we didn't find Sybrina. We believe that she's dead. And I said, no, I don't believe that. I'll never believe that. And they said, well, we're arresting you.

[Steve Eisenberg]

At the same time, across town, agents are arresting Steve.

[Narrator]

They put me in a cell, strip searched me. They did the fingerprints, the photos. And the whole time I'm just thinking, you're making a huge mistake. You didn't look for our daughter, and you're making the biggest mistake right now.

[Steve Eisenberg]

Prosecutors believe they have an airtight case because of the secret wire recordings. The indictment also charges the Eisenbergs discussed on several occasions that the baby was actually dead and what story they would tell authorities concerning the disappearance of the baby. They are later released on bail, using Steve's father's home as collateral.

[Narrator]

Steve and Marlene, did you kill.

[Steve Eisenberg]

Did you kill your daughter? No.

[Narrator]

Comments.

[Steve Eisenberg]

The Eisenbergs are indicted not for murder, but for conspiracy and for lying to investigators. The charges, if proved, could send them to prison for up to 330 years. Like to give you a chance to.

[Narrator]

Respond to that indictment, say something on your behalf.

[Steve Eisenberg]

The indictment was based on the police bugging operation that lasted nearly three months. More than 2,600 conversations were recorded between the Eisenbergs in which police say they discussed killing their daughter.

[Marlene Eisenberg]

The indictment was horrific to read and.

[Narrator]

That they could even put a bug in our bedroom, especially the bedroom. It's just, you know, it's a sanctuary for a husband and wife, and it's.

[Marlene Eisenberg]

Scary to sit there and say, oh my God, you know, look what they're trying to do to us.

[Steve Eisenberg]

Did you kill your daughter? Prosecutors said the Eisenberg's tape conversations were devastating. Marlene reportedly said, 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. Steve supposedly responded, we need to discuss the way that we can beat the charge. We will do what we have to do.

[Narrator]

I thought, the government has a hell of a powerful case here.

[Steve Eisenberg]

At the couple's bail hearing, a federal prosecutor tells a judge she had heard Steve Eisenberg on the tape say, I wish I hadn't harmed her. It was the cocaine.

[Narrator]

I'll do drug tests from now to eternity, and you'll never find any drugs in my system.

[Barry Cohen]

I said, steve, I said, look at the detail in this indictment.

[Narrator]

I never said anything that they say. I said, marlene never said anything that they say. She said.

[Barry Cohen]

And I said, steve, I believe you. And then I went back and we finally got those tapes.

[Steve Eisenberg]

But do the tapes contain a confession, or will they just add to the confusion already surrounding the case?

[Marlene Eisenberg]

When you hear Lululemon, you probably think of Align yoga pants. Weightlessly soft, like you're wearing next to nothing? That's why you see them in class, at the grocery store and in the park. But did you know about skirts with.

[Narrator]

Built in liner shorts so you can.

[Marlene Eisenberg]

Still jump for the Frisbee and tanks and bodysuits with the line's iconic stretch, you won't want to take it off. And with endless style options, you don't have to shop in Store or [e-mail] now streaming.

[Narrator]

When everything's on the line, real heroes rise to the occasion.

[Steve Eisenberg]

TV's hottest show is Fire Country.

[Narrator]

We're firefighters. We're gonna find a way to get you out of here. The hits together. We're on the same team. I'm right here with you. No matter what. I would never leave you hanging in the deep end. This place is a way of giving you new family Fire Country.

[Steve Eisenberg]

All episodes now streaming on Paramount plus.

[Narrator]

On WhatsApp. No one can see or hear your personal messages. Whether it's a voice call message or sending a password to WhatsApp, it's all just this. So whether you're sharing the streaming password in the family chat or trading those late night voice messages that could basically become a podcast, your personal messages stay between you, your friends and your family. No one else, not even us. WhatsApp message privately with everyone.

[Steve Eisenberg]

It had been more than two years since baby Sybrina vanished from her crib. Federal prosecutors were sure they had a case. Not a murder case, but a case of conspiracy.

[Barry Cohen]

They were determined to get a confession. I knew pretty shortly that it was going to get ugly.

[Steve Eisenberg]

Barry Cohen felt prosecutor Stephen Coons was overzealous.

[Barry Cohen]

He's totally ambitious, he's totally irresponsible, and he believes in one thing. And I was getting a conviction and getting his name in the paper.

[Steve Eisenberg]

In December of 2000, the Eisenbergs, the feds, and the secret tapes were about to have their day in court. The courtroom was packed, and everyone was there for one reason and one reason alone to hear the bombshell recordings.

[Narrator]

When they told us these are the quotes, we have them on tape, everybody thought, oh, wow, gee whiz, they're dead in the water.

[Steve Eisenberg]

These tapes were the backbone of the prosecution's entire case. But can you hear what's on them? Listen closely.

[Narrator]

I later described it as it sounding like chickens squawking with a hurricane playing in the background.

[Marlene Eisenberg]

Static, a lot of tv, a lot of noise.

[Narrator]

And all we could hear in the courtroom that day was mumbling. And you could hear the hum of appliances and things like that.

[Steve Eisenberg]

But the prosecution heard more than just noise. They believe they heard incriminating evidence.

[Narrator]

When it was played in open court. The judge looked over at the prosecutor and he had his glasses on the end of his nose, and that look was a glare. This is the best you got.

[Steve Eisenberg]

Barry Cohen hired a former analyst from the FBI. FBI to listen to the tapes.

[Barry Cohen]

He said, well, I'm gonna call it the way I See it? I said, that's great.

[Narrator]

When he submitted his affidavit that he had listened to the tapes and the tapes did not match up with the words in the transcript. I thought that was the turning point of the case.

[Steve Eisenberg]

Former prosecutor John Fitzgibbons.

[Narrator]

It was just astounding. There were sentences and paragraphs that didn't connect up.

[Steve Eisenberg]

To combat Cohen's expert witness, Steven Koontz, hired audio expert and private investigator to the stars Anthony Pellicano, whose clients included Michael Jackson and Elizabeth Taylor. Pellicano had a reputation for resorting to violence to get his way.

[Barry Cohen]

I learned that he bragged in articles that were written about him about getting people to talk to him with a baseball bat and slicing people's faces. A real fair word would be that he was just a real scumbag.

[Steve Eisenberg]

Anthony Pellicano later pled guilty in another case to possessing illegal explosives.

[Barry Cohen]

Why would the government stoop to hiring Tony Pellicano when shortly after that he was indicted himself and he served two.

[Steve Eisenberg]

And a half years in federal prison? It appeared that Pellicano and the prosecutors were the only ones in the courtroom who could hear the incriminating evidence. This came as no surprise to the Eisenberg team.

[Narrator]

One of their lawyers on their legal team sat back in his chair like this and just looked at the media and said, told ya. I can't comprehend how someone with even a minimum amount of intelligence could come up with those phrases when listening to the tapes. This is the worst transcription I have ever seen.

[Steve Eisenberg]

48 Hours hired our own audio expert to listen to the tapes. Jack Mitchell has worked for the U.S. department of Justice. This entire paragraph right here is nonsense.

[Narrator]

It's almost as if it were just simply made up. There is no evidence whatsoever on any of the recordings that I have examined that will implicate the Eisenbergs and the disappearance of baby Sabrina. None.

[Steve Eisenberg]

Mitchell has analyzed hundreds of tapes during his career and is convinced that some of the most incriminating quotes may not even belong to the Eisenbergs.

[Narrator]

That means to me that it's possible that this whole matter of need to have you kill me all the way down through the Baby's dead is a television program. See, we have a lot of interference here.

[Steve Eisenberg]

Remember when bugging expert Mike Paris talked about the sensitivity of the microphones used to tape the Eisenbergs? Have you been able to understand any of this?

[Narrator]

No. This is very unusual. It sounds like they had some sort of technical problem with the application.

[Steve Eisenberg]

The damning evidence was nowhere to be found.

[Marlene Eisenberg]

All lies. Just all lies. We knew that there was nothing on those tapes.

[Narrator]

It just goes to show what a furtive imagination the police had.

[Steve Eisenberg]

All of this was enough to make Barry Cohen suspect the worst. You believe that the Eisenbergs were framed?

[Barry Cohen]

Yeah. Don't you?

[Steve Eisenberg]

Why would they want to frame the Eisenbergs?

[Barry Cohen]

Why? They wanted to get a quick confession, clear this case and look good. But the only problem was they didn't have any facts. So they had to make them.

[Steve Eisenberg]

The prosecution's case against the couple began collapsing. Now it was the feds who had some tough questions to answer. Prosecutors told the judges that the bugging conformed with state and federal laws. Is that true?

[Barry Cohen]

No. They were lies.

[Steve Eisenberg]

They misled the judges to get permission to bug the house.

[Barry Cohen]

Yeah, misled is the euphemism. They lied to the judge because they didn't have any evidence.

[Marlene Eisenberg]

911. I gave you some 10 out.

[Steve Eisenberg]

For example, police. Police told the judge that Marlene's 911 call was, quote, unemotional. Oh God, my baby's crying.

[Narrator]

My baby's gone. I think at the end of the day, the police crossed the line. And whether the Eisenbergs are guilty or innocent, they were victims of police misconduct here.

[Steve Eisenberg]

In fact, two judges appointed to review the case found the Eisenberg tapes were, quote, largely unintelligible. They called some of the prosecution statements false and pure fiction. In a stunning blow to the prosecution, the recordings were ruled inadmissible.

[Narrator]

The case against Marlene and Steve Eisenberg is all but officially thrown out.

[Steve Eisenberg]

One week later, all charges were dropped. Felt vindicated.

[Marlene Eisenberg]

It was a relief. Vindication, no. Relief, yes.

[Steve Eisenberg]

After our repeated calls to lead prosecutor Steven Coons were not returned, we approached him for answers. And I would be interested in speaking to you about the prosecution of this case.

[Narrator]

I'm sorry, sir.

[Steve Eisenberg]

Steven Coons was temporarily demoted while he was investigated by the Department of Justice. His supervisors refused to comment on the outcome, but he is still a federal prosecutor. While it was a hollow victory for the Eisenbergs, today they hope a new clue will bring their daughter home.

[Narrator]

Putting all the pieces together to come up with an age progressed image of what we feel Sabrina will look like. This episode is brought to you by Amazon's Blink Video Doorbell. Get more at your door with the easy to install Blink Video Doorbell. Get more connections. Hey.

[Steve Eisenberg]

Hey. I'm here for our first date.

[Narrator]

More deliveries.

[Steve Eisenberg]

Hi, I have tacos for two.

[Narrator]

Oh, thanks. We'll be right down. And more memories. Babe, come down.

[Marlene Eisenberg]

I have a surprise.

[Narrator]

All new Blink video doorbell with 2 year battery, head to toe HD view and simple setup. Shop now at Amazon.com blink for just $69.99. Real businesses rely on Spectrum Business for the fastest, most reliable Internet starting at $40 a month. When bundled and backed by the Spectrum commitment, get Internet speeds to fit your business needs. Starting at 500Mbps. Bundle with TV, phone and mobile for more savings level up your speed for a three year price guarantee. Find a bundle that is made for your [e-mail] business restrictions apply. Service is not available in all areas. The old family secret recipe do you.

[Marlene Eisenberg]

Want a regular spoon or do you want to use that?

[Narrator]

Monica.

[Steve Eisenberg]

Today, Steve and Marlene Eisenberg are settling into a normal family routine.

[Narrator]

Any chance you get to lick, huh?

[Steve Eisenberg]

Caring for their children, William and Monica.

[Narrator]

You used to love that.

[Steve Eisenberg]

But Sabrina is not forgotten.

[Marlene Eisenberg]

Come on you pretty girl. Come on pretty girl.

[Steve Eisenberg]

They even keep a separate bedroom in their Maryland home reserved for their missing daughter.

[Marlene Eisenberg]

When we go to bed at night, we say goodnight to all our kids. We go downstairs, we kiss William, we kiss Monica and we say goodnight, Sabrina.

[Steve Eisenberg]

We walk by this room, even buying her souvenirs from their vacations.

[Marlene Eisenberg]

When she comes home, this is her stuff in her room and her Beanie babies and she can play with them and do anything she wants with him.

[Steve Eisenberg]

They believe their daughter is somewhere alive and well and is being raised by a family who desperately wanted a child. Aren't these reminders painful, though? Don't you go into that room and want to cry?

[Marlene Eisenberg]

No. I go into that room and say, okay, when are you coming home? You know you're going to love these things. When are you coming home? It hurts. She's seven years old and she's not home yet. That kills me.

[Steve Eisenberg]

But Marlene has good reason to never give up hope. A possible break in the case of.

[Narrator]

Another missing child, Sabrina Eisenberg, who was abducted from her Florida home.

[Steve Eisenberg]

It was May 2003 when a couple in Illinois began adoption proceedings on a six year old child who did not have a birth certificate.

[Marlene Eisenberg]

I thought she definitely looked like Sabrina as a baby. I mean, the pictures were very similar.

[Steve Eisenberg]

Pontiac Police Chief Don Schlosser began an investigation.

[Narrator]

A woman whose identity no one knew handed the child over to a second party.

[Steve Eisenberg]

A lot of people, including the Eisenbergs, believe the mystery behind Sabrina's disappearance was about to be solved.

[Narrator]

Gives us optimism that she's going to be coming back home to our family.

[Marlene Eisenberg]

It all just seemed like it was going to fit, that this could be really her and, you know, we were just on pins and needles, on edge, just praying that it was going to be her.

[Steve Eisenberg]

For two weeks, Steve and Marlene waited for the results of a DNA analysis. But Paloma's DNA did not match.

[Marlene Eisenberg]

It was very difficult and very emotional for all of us.

[Steve Eisenberg]

Paloma's natural mother was a Mexican woman who abandoned her baby at a clinic on the Texas border. A nurse there gave the baby to her sister in Illinois.

[Narrator]

There was no malice in what she was doing. She simply went about the process in a wrong way.

[Steve Eisenberg]

Eventually, the sister did adopt Paloma legally.

[Marlene Eisenberg]

Are you still angry if they bring Sybrina home? I won't be angry, you know, and I have to pray that they do the right thing, that they will look for her and bring her home.

[Narrator]

There's pictures with Monica holding Sabrina. William and Sabrina.

[Steve Eisenberg]

Today, the Eisenbergs put their hope in those who stood by them.

[Narrator]

I'm a believer.

[Steve Eisenberg]

And we're going to bring Sybrina home.

[Marlene Eisenberg]

I'm at the national center for Missing Children.

[Narrator]

What day did she go missing?

[Steve Eisenberg]

What is a child's race where she.

[Marlene Eisenberg]

Would go meet someone she met online?

[Steve Eisenberg]

The staff at the national center for Missing and Exploited Children has been invaluable.

[Narrator]

Here in the forensic imaging unit. The cases don't even come back here until they're at least two years old.

[Steve Eisenberg]

Joe Mullins is a forensic artist at the center who creates age progressed photos. He was abducted at 21 months.

[Narrator]

Yep.

[Steve Eisenberg]

Of what children may look like years after they've gone missing.

[Narrator]

21 years later. And this is how close we got.

[Steve Eisenberg]

So this composite sketch led to his recovery.

[Narrator]

Yes, it did.

[Steve Eisenberg]

It did. This technology has helped in the recovery of almost 800 children.

[Narrator]

There's a split screen of her brothers and sisters at about the same age as she would be today.

[Steve Eisenberg]

Using facial features from Sybrina's older brother and sister, Mullins creates this image of what Sybrina might look like at age 7.

[Marlene Eisenberg]

I pray to God somebody can look at her and say, that's an Eisenberg.

[Steve Eisenberg]

Do you really believe she'll come back to you?

[Marlene Eisenberg]

I believe it.

[Steve Eisenberg]

I know you're only focused on finding your daughter, but there will still be people out there that will look at the two of you and say, you know what? They got away with it and got away with it.

[Marlene Eisenberg]

And when she comes home, everyone will know the truth. And what we ask is that you look to help bring her home so you can see the truth, too.

[Narrator]

If you have any information about Sabrina Eisenberg, please call 1-800-THE LOST.

[Steve Eisenberg]

This summer, Pluto TV is exploding with thousands of free movies. Stream hits like Good Burger, Four Brothers, the Wood, Paid in Full, and Beverly Hills Cop. All for free. It's summer of cinema on Pluto tv. Stream now, pay Never. Now streaming.

[Narrator]

When everything's on the line, real heroes rise to the occasion.

[Steve Eisenberg]

TV's hottest show is Fire Country.

[Narrator]

We're firefighters. We're gonna find a way to get you out of here.

[Steve Eisenberg]

We take the hits together.

[Narrator]

We're on the same team. I'm right here with you no matter what. I would never leave you hanging in the deep end. This place is a way of giving you new family.

[Steve Eisenberg]

Fire Country. All episodes now streaming on Paramount.

[Narrator]

Plus.