Inset: Osceola County Sheriff Marcos Lopez (Law&Crime). Left: Madeline “Maddie” Soto. Right: Stephan Sterns (Osceola County Sheriff’s Office).
A sheriff in Florida faces a $500 fine for violating public records laws when he accidentally posted the photo of a decomposing 13-year-old girl to his Instagram page.
Osceola County Sheriff Marcos Lopez apologized after publishing the picture of the body of Madeline “Maddie” Soto, who was found dead in a rural field in March. Her stepfather, 37-year-old Stephan Sterns, is charged with first-degree murder, capital sexual battery of a minor under 12 and possession of materials showing sexual performance by a child.
The Ninth Circuit State Attorney’s Office last week issued a noncriminal citation to Lopez, saying he “failed to comply with Florida public records laws making a photograph that depicts the killing of a minor confidential and exempt from public disclosure.” The citation goes on to say that he “DID: Publish a photograph depicting the killing of a minor, to wit: Madeline Soto.”
It is considered a third-degree felony in the state of Florida for anyone who “willfully and knowingly” releases the picture of a dead minor who was the victim of domestic violence without the family’s permission. However, since it appears that Lopez posted it by accident, prosecutors are accusing him of violating the following public records laws:
Florida statute 119.071(2)(p)(1.)(b.): A photograph or video or audio recording that depicts or records the killing of a minor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except that a surviving parent of the deceased minor may view and copy any such photograph or video recording or listen to or copy any such audio recording. Nothing in this sub-subparagraph precludes a surviving parent of the victim from sharing or publicly releasing such photograph or video or audio recording.
119.10(1)(a): Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not exceeding $500.
Lopez must appear on Dec. 20 in front of an Osceola County judge for a noncriminal hearing. The sheriff’s office said it was working on a statement. It also released a statement days after the photo release.
“On March 2, 2024, a post was made on social media about a community event for seniors. In the post, an investigative photo was accidentally included. The photo was immediately removed. We deeply apologize for any confusion or disturbance this may have caused. As with any investigation, the information obtained is confidential and any mistaken disclosures will be immediately rectified,” the statement sent to Law&Crime said.
The Florida Department of Law Enforcement investigated how the photo was posted but the status of that investigation is unclear.
Community outrage against Lopez was swift.
“(I) am deeply disturbed that (the photos) were carelessly made public, albeit as an accident according to a statement by the Osceola County Sheriff’s Office,” Ninth Judicial Circuit State Attorney Andrew Bain said in an email to Orlando CBS affiliate WKMG. “While I do not believe these photos will have any evidentiary impact on the case as of now, they were released in poor taste.”
Russ Gibson, Lopez’s predecessor as sheriff who is again running against him in an election next month, said in a social media post that several people contacted him after the photo was posted.
“This is 100% unacceptable and 100% shameful and disrespectful to Madeline, her family and friends,” Gibson wrote. “I do have a copy of the post but out of respect and reverence for Miss Madeline, the photograph will not be posted. The time for Marcos Lopez and certain members of his administration of dishonoring themselves, our agency, and our great county is coming to an end!”
As Law&Crime previously reported, Maddie’s mother reported her missing when she came to pick her up at Hunter’s Creek Middle School but she wasn’t there. Her mother’s boyfriend, Sterns, claimed he dropped her off near the school that morning. But the Orange County Sheriff’s Office learned he never dropped her off. Surveillance video showed her dead as he drove his vehicle in their Kissimmee apartment complex the morning of Feb. 26, police said. Deputies also found images on his phone of him sexually assaulting Maddie in 2022, according to a probable cause arrest affidavit.
Maddie’s body was recovered on March 1. Sterns was indicted and is facing the death penalty.
Lopez’s post isn’t the only one from the sheriff’s office relating to the case that has sparked outrage.
Osceola County (Florida) Sheriff’s Office Executive Director Nirva Rodríguez posted this selfie to her Facebook page showing her with Stephan Sterns, the prime suspect in the death of 13-year-old Madeline “Maddie” Soto. (Nirva Rodríguez/Facebook)
Another staff member of the Osceola County Sheriff’s Office, Executive Director Nirva Rodríguez, posted on her social media page a selfie photo with Sterns in the background as deputies led him out of the sheriff’s office. The post, written in Spanish, translates to “If God’s love has been poured out over your life, don’t allow evil to keep you away from what He has prepared for you.”
That photo has since been deleted.
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