KISSIMMEE, Fla. – The man accused of raping and murdering 13-year-old Madeline Soto is asking a judge to throw out evidence investigators found on his cell phone and online Google Drive account.
A public defender representing Stephan Sterns, 38, has filed motions seeking to suppress the evidence on the grounds that it was unlawfully seized.
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The cell phone and Google Drive contained hundreds of sexually explicit images of Soto, authorities allege, including photos and videos that depicted Sterns raping Soto starting when she was 8 years old.
“Detective (Maria) Tagler with the Orange County Sheriff’s Office unilaterally seized Mr. Sterns’s cell phone without consent, without a warrant, and without exigent circumstances,” one of the newly filed defense motions states. “The phone was then retained for over nine-and-a-half hours before law enforcement coerced a purported ‘consent’ for its forensics examination.”
Prosecutors have not yet responded to the motion in court, and it is unknown when a judge may rule on it.
On Feb. 27, the day after Soto’s mother reported the teen missing, Detective Tagler asked Sterns if she could take a photograph of his cell phone history and check the phone’s settings, an audio recording of the interview shows.
[TIMELINE: Here’s where things stand in the Madeline Soto case 11 months later]
Sterns, who previously dated Soto’s mother, reportedly handed over hand over the phone to the detective.
“Is it OK if I go into your settings real quick?” Tagler asked. “I just want to see if you’re logged on to your Google.”
“I am not logged into my Google,” Sterns replied.
“Is it OK that I check?” asked the detective.
“Yeah,” Sterns said.
According to Sterns’ attorney, Sterns was given no choice regarding the seizure of his phone, and law enforcement made no attempt to obtain a search warrant at the time.
“I’m going to hold on to your phone, OK?” Tagler said. “I’ll give it back to you when we’re done.”
“OK,” Sterns can be heard saying in the audio recording.
During a follow-up interview early the next morning, the detective asked Sterns about his phone again.
“I told you that I was going to hold on to it and that we would like to download your phone,” Tagler said. “Is this something that I have your consent to do? Or do I need to get a search warrant for your phone?”
“It should be fine,” Sterns said.
“You’re OK with us going through your phone?” Tagler asked.
“Yeah,” Sterns said before telling the detective his phone’s five-digit PIN.
At the time of that interview, Sterns’ lawyer claims Sterns was under the influence of a prescription anxiety drug and had not eaten all day.
The interview was conducted outside in “50-60 degree temperatures,” according to the defense motion, and Sterns “was wearing only flip flops, khaki pants and a thin hoodie.”
Sterns’ attorney claims the detective violated Sterns’ constitutional right against unreasonable searches and seizures.
“All evidence obtained through exploitation of this unlawful seizure must be suppressed to uphold the integrity of the Fourth Amendment and deter future violations,” the motion states.
Prosecutors allege that Sterns strangled Soto to death and dumped her body in a wooded area near St. Cloud.
Sterns has pleaded not guilty to all charges.
Last week, Sterns’ public defender filed motions seeking to drop the death penalty.
News 6 investigator Mike DeForest has pored over the evidence against Stern and learned how law enforcement concluded that he was their suspect. DeForest compiled everything he learned into a six-part series, Justice for Madeline.
All episodes of “Justice for Madeline” can be found here:
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