State Attorney's Letter To Osceola Sheriff

M.
Ryan Williams
Andrew A. Bain Chief Assistant State Attorney
STATE ATTORNEY Jamie McManus

Deputy Chief Assistant State Attorney
Ninth Judicial Circuit
Orange and Osceola Counties, Florida Kamilah Perry
Executive Director, General Counsel
July 8, 2024
Sheriff Marcos Lopez,
My office received and reviewed the investigation conducted by the Florida Department of Law
Enforcement (“FDLE”) regarding the allegation you violated Florida public records laws by
publicly disclosing a photograph depicting the killing of a minor victim. Having reviewed the
available evidence and interviews, including the interview you provided on the topic, we reached
the conclusion that there is insufficient evidence to show that your release of the photograph was
“willfully and knowingly” posted to social media. Criminal proceedings are therefore not
appropriate under Florida Statute section 119.10(2).
Florida Statute section 119.10(1)(a), however, makes any violation of Florida’s public records
laws a “noncriminal infraction” punishable by a fine of up to $500.00. Accordingly, my office
will file the civil infraction for the release of the photograph and violations of sections §
119.071(2)(p)(b.) and § 119.071(2)(p)(2.)(b.) in the near future. Members of my team will reach
out and communicate with you explaining the details of that process.
I also write today to discuss another concern I have regarding some facts revealed by FDLE’s
investigation into the matter above. The investigation indicates that on March 2, 2024, you called
Kissimmee Police Chief Betty Holland and told her the photograph of the deceased minor victim
you posted was published by mistake. You further apologized for publishing the photograph to
the public. You then testified under oath to Investigator Franquiz on April 1, 2024. You told
Investigator Franquiz you had pictures of the body sent to your personal phone so you could
compare the clothing on the body to what the victim was last seen wearing. There is therefore
evidence you knew there was a body that might be the victim on March 1, 2024, and certainly
knew the body was the deceased victim by the time of your interview on April 1, 2024.
Significantly, the FDLE investigation also noted an interview you conducted on March 26, 2024—
five (5) days before your sworn interview—with WDBO where you said the following in response
to a question about the apology your agency issued for your release of the photograph of the victim:
“As to the photo, there was an apology issued but it wasn’t actually the body, it was an area of
interest where there was a body found. No one ever came out directly and said it was the victim.”
We are having difficulty squaring the statements you made to Chief Holland and FDLE with the
assertion you publicly made that the photo you possessed and disclosed “wasn’t actually the body.”
Pursuant to our ethical obligations under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.
215 (1963), the Office of the State Attorney’s Brady Identification System requires our office to
“inform defense counsel via notice of the existence of information [including] . . . all sustained
findings in personnel records for untruthfulness” and “any other information the SAO9 learns and
believes affects the credibility and/or truthfulness of a recurring state witness.” You are likely
aware that you qualify not only as a recurring witness but also a witness in the underlying case
given your entrance into a crime scene.
Please therefore consider this my formal request that your agency conduct an internal investigation
into whether your inconsistent statements constitute a violation of Osceola County Sheriff’s Office
Policy and Procedure Number 341.0, “Standards of Conduct.” Given your position as head of that
agency, if you feel the investigation would be more appropriately conducted by FDLE I would
certainly understand. Once our office receives the results of that investigation, my office will
determine whether your inclusion in the Brady Notification System is appropriate. The absence
of any investigation will result in our office making a determination with the evidence currently in
our possession.
Sincerely,
Andrew A. Bain, Esq.

State Attorney for the Ninth Judicial Circuit of Florida
415 North Orange Avenue P.O. Box 1673 | Orlando, Florida 32801 | 407-836-2400 | www.sao9th.com

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M.

STATE ATTORNEY Jamie McManus

Sheriff Marcos Lopez,

Andrew A. Bain, Esq.

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