OSCEOLA COUNTY, Fla. – After the state attorney threatened to place him on a database dedicated to law enforcement officers accused of misconduct, the Osceola County Sheriff is trying to clear up what he says is a “misinterpretation of a quote” surrounding a controversial crime scene photo posted on social media.
Court records show that Sheriff Marcos Lopez was cited for disclosing a photograph that depicted the killing of 13-year-old Madeline Soto.
Recommended Videos
Soto’s body was found in a wooded area near St. Cloud on March 1, four days after she failed to show up at school and was reported missing.
The Osceola County Sheriff’s Office previously acknowledged that an “investigative photo” had been “accidentally” posted on Lopez’s Instagram account hours after the teen’s body was located.
[EXCLUSIVE: Become a News 6 Insider (it’s FREE) | PINIT! Share your photos]
In a letter sent from State Attorney Andrew Bain to Lopez on July 8, Bain points out that Lopez told Kissimmee’s police chief that the photo was published by mistake, and made a public apology.
However, the state attorney’s office says there were conflicting remarks Lopez made during a radio interview where he claimed the picture didn’t actually show the body.
According to the letter, Lopez told WDBO: “As to the photo, there was an apology issued, but it wasn’t actually the body, it was an area of interest where there was a body found. No one ever came out directly and said it was the victim.”
In a sworn interview with the Florida Department of Law Enforcement, Lopez told an investigator that he had the pictures sent to his phone so he could “compare the clothing on the body to what the victim was last seen wearing.”
Regardless, Lopez has been cited with violating Florida’s public record laws, a non-criminal infraction that carries a fine of up to $500, court records show.
On Wednesday, the sheriff’s office released the following statement:
“Yesterday, the State Attorney’s Office released a letter regarding a photograph inadvertently disclosed by the Sheriff. Sheriff Lopez initially received this photograph because our agency first found Madeline Soto’s body and a photo of the scene was sent to the Sheriff, per protocol. The photograph was inadvertently posted in a photo array about a senior citizen event and was taken down within 10 minutes of realizing the error. The Florida Department of Law Enforcement investigated this incident and found no intentional wrongdoing. The State still decided to file a civil citation. The Sheriff accepts and understands the civil fine being brought by the State. However, the State calling the Sheriff’s integrity and credibility into question is not right. The State has misinterpreted a quote from the Sheriff explaining what the photograph depicted. The photograph showed clothing, but identifying features of a body were not visible. The Sheriff’s statement was not a lie nor was it untruthful.”
Osceola County Sheriff's Office
Bain has been raising concerns about Sheriff Marcos Lopez’s credibility. If it’s determined that Lopez was being “untruthful” about the picture that became public, he would be added to the state attorney’s office’s Brady list. That means prosecutors would have to let defendants know about anything in a witness’ background that might affect the credibility of their testimony.
Get today’s headlines in minutes with Your Florida Daily: