TAMPA -- Against his wishes, a self-described informant in the Sabrina Aisenberg investigation has been moved to solitary confinement at a new prison, his attorney says.
Dennis Byron, 34, was taken from Gainesville Correctional Institution to Columbia Correctional Institution Monday, records show. Largo attorney John Trevena said he learned of the move this afternoon.
The news came hours after Trevena said he filed a motion in Hillsborough Circuit Court on Byron's behalf, asking a judge to correct the "illegal sentence imposed upon him."
Byron is at the center of a recent firestorm over the Hillsborough Sheriff's Office investigation into the disappearance of baby Sabrina Aisenberg. The 5-month-old was reported missing from her family's home in 1997.
Byron told attorneys in sworn statements last week that sheriff's detectives cut a deal with him, asking him to wear a wire to record conversations with a longtime friend and former cellmate who they suspected might have been involved in the baby's disappearance. In return for Byron's cooperation, prosecutors agreed to allow a judge reduce his sentence, Byron says.
Byron pleaded guilty on Oct. 23 to charges of aggravated assault on a law enforcement officer, of driving with his license suspended and being a habitual traffic offender and was sentenced to three years in prison.
Three months later, the court reconsidered that sentence, instead giving him 24 months of community control -- a form of house arrest -- with the condition that he complete a residential drug treatment at Operation PAR in Pinellas County.
But Byron was rearrested Feb. 8 after fleeing the program. When he tried to get leniency from a new judge, based on his previous assistance to the Sheriff's Office, a prosecutor said detectives had severed ties.
A judge revoked the community control and sentenced Byron to five years in prison -- a sentence Trevena holds to be illegal.
"It is null and void because the court lacked jurisdiction to impose it," Trevena wrote in his motion Tuesday, calling for a 36-month prison sentence.
Trevena also said he plans to ask the governor's office tomorrow to appoint a special prosecutor to investigate how the Hillsborough Sheriff's Office has handled the Aisenberg probe.
Both Trevena and Tampa attorney Barry Cohen have criticized the Sheriff's Office this week, saying detectives tried to implicate Cohen in the baby's disappearance. Cohen has represented parents Marlene and Steve Aisenberg since shortly after the baby was reported missing.
The Sheriff's Office denies Cohen has ever been a target.
- Rebecca Catalanello, Times staff writer
[Florida Department of Corrections]