KISSIMMEE, Fla. – The Instagram account for Osceola County Sheriff Marcos Lopez posted a confidential crime scene photograph on Saturday morning, which the agency later said had been inadvertently shared with the public.
The sheriff’s office has not disclosed whether Lopez himself or another agency employee posted the photo, and it did not specify the criminal investigation from which the image originated.
Former Osceola County Sheriff Russ Gibson, who is running against Lopez in the 2024 election, said 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 clothes seen in the photo are consistent with the outfit Soto was believed to be wearing when she was reported missing on Feb. 26.
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In response to questions from News 6, Osceola County sheriff’s officials did not dispute the photo stemmed from the Soto investigation.
A caption below the photograph stated, “Great day with our seniors” followed by an emoji of a smiley face wearing a halo.
“Earlier today a post was made on social media about a community event for seniors,” an unnamed Osceola County spokesperson said in an email to News 6 on Saturday. “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 Osceola County Sheriff’s Office did not respond to questions inquiring why the person who posted the Instagram photo was in possession of a confidential investigative photo.
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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The selfie-style photograph was taken as Sterns walked out of a door at Osceola County jail Friday morning after being booked on charges of sexually battering a child and possessing child pornography.
“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.
Rodriguez is the executive director of the sheriff’s office, a non-law-enforcement position that oversees multiple divisions including media services.
That division is responsible for running the agency’s social media accounts and providing information to news organizations.
Rodriguez’s Facebook post was deleted shortly after News 6 began inquiring about it Saturday. She did not respond to questions from News 6 sent to her agency email account.
An unnamed sheriff’s office spokesperson said in an email to News 6 that the agency could not answer specific questions about Rodriguez’s Facebook post “due to ongoing investigations.”
Orange-Osceola State Attorney Andrew Bain said his main focus is getting justice for Soto.
“(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,” Bain said in an email to News 6. “While I do not believe these photos will have any evidentiary impact on the case as of now, they were released in poor taste.”
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.”
According to Kramer, the social media posts may increase the chances that the trial could be moved to another city.
“There’s going to be a potential argument from the defense that the release of this photo taints the jury pool, so you might see a motion for a change of venue,” said Kramer.
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.
A government official who willfully and knowingly disseminates such confidential photos violating Florida law could be charged with a third-degree felony punishable by up to five years in prison.
There is no indication that Osceola County Sheriff’s Office employees intentionally posted the crime scene photo.
But Kramer said the Instagram post showing the crime scene could open the sheriff’s office up to civil liability.
“You’ve got a grieving family that’s suffering, and you may see an argument that this photo, even if it wasn’t intentional, the release was negligent,” said Kramer. “And as a result, you may see a claim for damages and a lawsuit result from that.”
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