OSCEOLA COUNTY , Fla. — According to a memo from State Attorney Andrew Bain, Osceola County Sheriff Marcos Lopez has been added to the State Attorney’s Brady Identification System.
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The Brady System tracks law enforcement officers who could be a problem if they testify in a criminal trial and have shown bias, misconduct, or dishonest behavior.
Lopez was added to the system following the review of the Florida Department of Law Enforcement’s investigation into the allegations that Lopez posted a photo of the body of a minor victim.
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The photo was posted on Lopez’s personal Instagram page less than 24 hours after law enforcement found Madeline Soto’s body in a rural area outside St. Cloud.
The photo shows a body in the woods dressed in the clothes Stephan Sterns said she was last seen in.
Lopez said he “accidentally” posted the image when sharing a post of himself visiting senior citizens.
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In mid-December, Lopez reached an agreement with the State Attorney’s Officer and had to pay a $250 fine and pled no contest to posting the body of Madeline Soto’s body on social media.
In a letter sent to Lopez, dated Dec. 30, SA Bain informed the sheriff that he was being placed into the Brady System.
Bain stated in the Dec. 30 letter that the inquiry into Lopez’ “public disclosure of confidential and an exempt public record” began with a on July 8, 2024, when Bain sent Lopez a letter requesting that OCSO “conduct an internal affairs investigation into the truthfulness of your (Lopez) statements surrounding the disclosure of the relevant photograph.”
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The state attorney’s letter states, “While I understand your agency’s reading of your “truthfulness” policy to exclude statements made in response to someone other than the Sheriff or his designee, one would think that if the Sheriff himself is the source of the truthfulness concern, an “investigation” is warranted in that situation more than any other.”
The state attorney’s office also stated that the “inquiry also relies upon statements you (Lopez) made to the media in July of 2024 as evidence you (Lopez) used “consistent language” when speaking about the photograph and what it depicted. In reality, your (Lopez’) subsequent statements only confirm the photograph you (Lopez) posted was that of a minor victim, highlighting the lack of truthfulness you (Lopez) displayed in the WDBO interview when you (Lopez) attempted to claim it was not.
Lopez is listed as a witness in the Sterns case and by his own admission was present at the scene.
According to Bain, given his status as a witness, Lopez’s statements to the media could be used to impeach him, therefore leaving the SA’s office “no choice but to include you (Lopez) in our Brady Identification System so defense counsel may evaluate your statements for impeachment and, if appropriate, a court may make a determination as to their admissibility for that purpose.
A representative for Osceola County Sheriff’s Office provided the following response to Channel 9′s inquiry into the matter:
“The Sheriff’s Office completely disagrees with Andrew Bain’s decision. The perspectives mentioned in his letter have no merit, and the Sheriff will be appealing his decision. No other statement is available at this time.”
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