Update: ORLANDO, Fla. — Osceola County Sheriff’s Office says they are cooperating and being transparent with FDLE.
FDLE still has not said anything about if they’re investigating. We have just confirmed Bain has asked FDLE to investigate.
Read More Previous story: Ninth Judicial Circuit State Attorney Andrew Bain’s office told Channel 9 on Tuesday afternoon that he has asked the Florida Department of Law Enforcement to investigate how a photo of the body of 13-year-old Madeline Soto was released over the weekend.
The photo was posted on Osceola County Sheriff Marcos Lopez’s personal Instagram page less than 24 hours after law enforcement found Soto’s body in a rural area near St. Cloud.
The photo shows a body dressed in the sweatshirt Stephan Sterns said Soto was last seen in.
Lopez said he “accidentally” posted the image while sharing a post about him meeting with senior citizens.
Read: Osceola County Sheriff Lopez apologizes after social media post shows possible body of Madeline Soto
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Florida law bans the public release of photos showing the body of a minor without a family’s permission.
The law says anyone who “willfully and knowingly” releases it could face a third-degree felony charge.
Channel 9 has reached out to FDLE about the investigation but has not yet heard back.
Read: Former chief judge explains next step in Madeline Soto case as evidence builds against prime suspect
Madeline Soto: Search for missing girl enters 5th day in Orange County
Madeline Soto: Missing Kissimmee girl's body found in rural Osceola County The Orange County Sheriff’s Office said Friday evening that Madeline Soto’s body has been found. Investigators said Osceola County deputies found the missing 13-year-old girl’s body at about 4:30 p.m. in a wooded area along Hickory Tree Road. (WFTV/WFTV)
Stephan Sterns & Madeline Soto Detectives believe Stephan Sterns killed 13-year-old Madeline Soto on Monday morning at a Kissimmee apartment complex. (WFTV)
Search for Madeline Soto Investigators discovered the body of 13-year-old Madeline Soto on Friday afternoon. (WFTV)
Search for Madeline Soto Investigators discovered the body of 13-year-old Madeline Soto on Friday afternoon. (WFTV)
Search for Madeline Soto Investigators discovered the body of 13-year-old Madeline Soto on Friday afternoon. (WFTV)
Video Sources: Madeline Soto’s body discovered in rural Osceola County Sources say that Maddie’s body was found in rural St. Cloud near Hickory Tree Road. (Chantelle Navarro /Chantelle Navarro)
Law enforcement join the search for Madeline Soto Police and deputies canvassed the area of Osceola County for 13-year-old Madeline Soto. (Nick Papantonis/Nick Papantonis)
Kissimmee Police Department will take over Madeline Soto investigation The Kissimmee Police Department will handle the search for Madeline Soto, said Chief Betty Holland. (Nick Papantonis/Nick Papantonis)
Orange County Sheriff John Mina gives update on Madeline Soto The sheriff said the efforts will now shift to recovering her body. (Orange County Sheriff's Office /Orange County Sheriff's Office)
Orange County Sheriff's Office gave an update for Madeline Soto Sheriff John Mina said he is confident that she is dead, and recovery efforts will continue. (Nick Papantonis/Nick Papantonis)
Suspect in girl’s disappearance taken to Osceola County Jail
Madeline Soto: Community to hold prayer vigil tonight Members of the community will gather to pray for 13-year-old Madeline Soto. (Unity & Fire Church International/Unity & Fire Church International)
Stephan Sterns & Madeline Soto Deputies in Orange County said 13-year-old Madeline Soto has been missing since Monday morning. And now, her mother’s boyfriend is in jail on charges of sexual battery and possession of child sex abuse material. Stephan Sterns was supposed to go before an Orange County judge Thursday morning but refused to be in court. (OCSO)
Search continues for missing girl, Madeline Soto, as her mother’s boyfriend refuses to face judge
Law enforcement join the search for Madeline Soto More than 50 members of the Orange County Emergency Response Team looked for the 13-year-old in various areas as our detectives continued their investigation. (Orange County Sheriff's Office /Orange County Sheriff's Office)
Law enforcement join the search for Madeline Soto More than 50 members of the Orange County Emergency Response Team looked for the 13-year-old in various areas as our detectives continued their investigation. (Orange County Sheriff's Office /Orange County Sheriff's Office)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Large search party gathers Wednesday to look for missing 13-year-old girl in Orange County
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Orange County deputies search for missing 13-year-old girl Madeline Soto (Jennifer Soto /Jennifer Soto)
Madeline Soto The Orange County Sheriff’s Office on Friday confirmed that the body of Madeline Soto, 13, has been located. (Orange County Sheriff's Office/Orange County Sheriff's Office)
The Sheriff’s Office was not investigating Soto’s death as Kissimmee Police Department was the lead agency in the case. But the Sheriff’s Office was part of the search for her remains.
So why did Lopez have the graphic photo?
Despite multiple attempts to obtain more information about that, the Sheriff’s Office would not say why Lopez had the photo or who took the picture.
Read: Law enforcement gathers evidence against prime suspect in Madeline Soto case
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Channel 9 has also asked if Lopez has personally apologized to Soto’s family.
The Sheriff’s Office did not answer that question but released a statement that said in part, “We deeply apologize for any confusion or disturbance this may have cause.”
Bain told Channel 9 that he is “deeply disturbed” that the photos were “carelessly made public.”
Channel 9 has reached out to the Sheriff’s Office for comment on this latest development.
Watch Channel 9 Eyewitness News for live updates on this developing story.
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