OSCEOLA COUNTY, Fla. — It was an “inquiry” into the comments from Sheriff Marcos Lopez that caused the State Attorney’s office to put him on the Brady List.
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The inquiry came after the state asked for an internal investigation to see if the sheriff’s comments to a radio station violated department policy.
Lopez, on the air, claimed he did not post a photo of 13-year-old Madeline Soto’s body to his Instagram page last winter, even after his agency already apologized for it.
Read: Osceola County Sheriff Marcos Lopez placed into Brady System, state attorney says
The sheriff’s office said the incident did not rise to the level of an investigation, instead only warranted an “inquiry” to address the state’s concerns.
That meant Sheriff Lopez would not be interviewed on the matter.
The letter states, “The alleged inconsistencies would be insufficient evidence to support a policy violation for untruthfulness, regardless of interpretation.”
Stating that the policy requires “truthful answers to all questions asked by the sheriff, sheriff designee or supervisor” it does not cover media statements by the sheriff in the paperwork.
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Even the most experienced law enforcement experts were confused by what was written here.
“Why didn’t the independent agency do this? Because you can tell from the writing that they were trying to,” said law enforcement expert Randy Nelson. “They were trying to do all types of judo, verbal judo to get out of something and it was clear from the writing and the fact that they actually had legal counsel as a part of that. I’ve never seen anything like that.”
The sheriff’s office inquiry found that the sheriff was consistent in all his statements, that he “did not mean to imply it didn’t include (a) body” and did other interviews showing that, department personnel writing the sheriff were, “specifically describing the inability to clearly see a body in the photograph while acknowledging that a body was present, it was just not clearly visible.”
That was not enough to satisfy the State attorney’s office and they sent a scathing letter blasting the sheriff’s office making it clear they disagreed with how it was handled and put the sheriff on the Brady List - because they felt he was untruthful.
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The Osceola County Sheriff’s Office sent this statement in response to being put on the list:
The Sheriff has tried to stay focused on the important work here in Osceola. We have had serious cases come up recently and they demand the bulk of the Sheriff’s attention. However, in light of ongoing requests and stories pertaining to Andrew Bain’s decision to add the Sheriff to the Brady list, Sheriff Lopez felt it important to address the matter personally. Below is his statement:
This was a political gimmick by Andrew Bain who lost an election. In between the time that Bain sent his initial letter about his “concerns” and the time he added me to the Brady List, there were requests for me to endorse Bain. I did not endorse him. I was subsequently added to the Brady List. I think his decisions were personal and political. I’m sad that Andrew Bain put politics before people. I did not lie, and I will always stay focused on what really matters – fighting crime and protecting the community.
— Sheriff's Marcos Lopez
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