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MSNBC investigates the case of a Florida couple who claim their 5 month old daughter Sabrina Aisenberg was removed from their home.  Their public appeals remind some of Susan Smith, a mother who claimed her children were kidnapped during a carjacking. Later police proved Susan Smith killed her children, Alex and Michael, by strapping them in their car seats and driving her car into a South Carolina Lake.

Steve and Marlene Aisenberg said they checked on the baby before going to bed and in the morning she was gone. When police arrive they are optimistic they will find the baby nearby, but the day becomes night and there is no sign of the baby. The Aisenbergs plead for Sabrina’s safe return to the media, their message is broadcast nationwide.  The police extend the search to wooded areas with cadaver dogs, helicopters and divers, less hopeful of finding Sabrina alive.  

With no other leads in the case, the authorities turn their attention to Steve and Marlene. A neighbor reports that Marlene’s behavior seemed detached and withdrawn when she came over the morning Sabrina disappeared. There were no signs of forced entry, no trace evidence, such as dirt or debris on the carpet and no ransom demands.  From the beginning the police are skeptical of the Aisenbergs’ claims that someone could come into the home undetected, even by the family dog.  Statistically, the odds of child being kidnapped by a non family member are over 1 in 1000.

Marlene’s public cry for help was judged as too composed for the circumstances.  In addition Steve is captured on film looking relaxed and smiling.  The odd behavior of the couple seems to confirm police suspicion and the court of public opinion turns against the Aisenbergs.

The Aisenbergs hire a lawyer.  Some believe this is further evidence of their guilt.  Polly Klaas was kidnapped from her bedroom and her father Mark, cooperated fully with the police and never considered hiding behind a lawyer.  Mark argues that a parent’s job is to hound police to find their child, not avoid questions.  

The Aisenbergs did take lie detector tests given by the Sheriff’s department; which Steve passed, but Marlene failed.  Their lawyer, Barry Cohen, arranges a second lie detector test which he claims they both passed.  The police electronically bug the Aisenberg home, one in the kitchen and one in the bedroom and monitor private conversations for four months.

On December 23, one month after reporting the kidnapping, the parents make another public appeal at a press conference.  On February 10, the Aisenbergs are called before a grand jury and invoke the Fifth Amendment. Two years after Sabrina’s disappearance, the Aisenbergs are indicted, based on allegations that Steve and Marlene discussed the baby’s death in their home. The recordings seem damning, as Steve expresses guilt of hurting the baby, while Marlene confirms the baby is dead.  The transcripts and tapes are thrown out of evidence when a Federal Magistrate reviews the tapes and finds “The detectives report conversations no reasonably prudent listener can hear…and deliberately or with reckless disregard summarize conversations out of context.”  The prosecutors ask that the indictment be dismissed, because without the tapes, there is little evidence.