Florida investigates sheriff’s office that might have posted crime scene photo of Madeline Soto’s body

State Attorney’s Office tells News 6 that FDLE is looking into incident

Madeline Soto, 13 (Orange County Sheriff's Office)

KISSIMMEE, Fla. – The Florida Department of Law Enforcement is investigating a photo published by the Osceola County Sheriff’s Office over the weekend, according to the State Attorney’s Office.

The photo included an image of a confidential crime scene, and it was posted on the Instagram account of Osceola Sheriff Marcos Lopez on Saturday morning.

Former Osceola County Sheriff Russ Gibson, who is running against Lopez in the 2024 election, said that the photograph depicted the body of 13-year-old Madeline Soto, who was found dead Friday afternoon in a wooded area near St. Cloud.

The boyfriend of Soto’s mother — Stephan Sterns — was arrested on charges of sexual battery and possession of child sexual abuse material. He remains the prime suspect in Soto’s disappearance.

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The clothes seen in the photo match the outfit detectives said Soto could have been wearing when she was first reported missing last week, and a caption below the picture read, “Great day with our seniors,” followed by an emoji of a smiley face with a halo.

Florida law prohibits the release of photographs depicting the killing of a minor, including images or videos of the minor’s body, except to a surviving parent. But there is no indication that the sheriff’s office or its employees purposefully posted the crime scene photo.

However, the crime scene photo was posted on Instagram the same morning Nirva Rodriguez — a civilian sheriff’s office employee — shared a photograph on her personal Facebook page posing with Stephan Sterns, the prime suspect in Soto’s disappearance and death.

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“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,” a caption above the photo of Sterns and Rodriguez stated.

The Facebook post included the hashtag #NirvaRodriguez.

News 6 legal analyst Steven Kramer said the two social media posts could potentially impact the criminal case.

“You have a confidential crime scene photo that is protected under Florida law that deals with a dead minor child that’s now been released to the public,” said Kramer. “That could affect the investigation and prosecution of the case, the defense of the case, and it could also affect the potential jury pool.”

In response to the investigation, the sheriff’s office provided this statement to News 6 on Tuesday afternoon.

Today, the Sheriff’s Office contacted the Florida Department of Law Enforcement to offer our cooperation and transparency into the inadvertent release of an investigative photograph. We understand the community’s concerns, and we welcome an independent review of what transpired.

Osceola County Sheriff's Office

News 6 has reached out to FDLE for additional information about the investigation and is awaiting a response.

On Wednesday, the Kissimmee Police Department, which is the agency in the investigation, released a statement:

As a community continues to grapple with the teen’s death, memorials have grown for Madeline Soto, including one on Hickory Tree Road in Osceola County, not far from where her body was found near the woods.

A memorial for Madeline Soto sits on the side of Hickory Tree Road in Osceola County. (Copyright 2024 by WKMG ClickOrlando - All rights reserved.)

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