State Attorney Bain: We will seek the death penalty against Stephan Sterns

Boyfriend of Madeline Soto's mother is charged in 13-year-old's murder

The Ninth Judicial Circuit State Attorney’s Office announced Monday it has filed a Notice of Intent to Seek the Death Penalty in the case against Stephan Sterns for the murder of 13-year-old Madeline Soto, the daughter of his live-in girlfriend, Jennifer Soto.

This makes this a capital case to be prosecuted by State Attorney Andrew Bain. According to a release from his office, the decision to pursue the death penalty was based on "several aggravating factors". The office mentioned:

  • The felony being committed while the defendant was engaged in the commission of, or an attempt to commit, aggravated child abuse. During the law enforcement investigation into Soto’s disappearance the week of Feb. 26, detectives found disturbing pictures and videos on Sterns’ phone. He was arrested on, Feb. 28 on 60 charges including capital sexual battery, lewd or lascivious molestation and unlawful possession of materials depicting sexual performance by a child. 
  • The victim being particularly vulnerable because the defendant stood in a position of familial or custodial authority over the victim. Sterns alleged he drove Madeline Soto to school the morning of Feb. 26, when she disappeared. 
  • The capital felony was "especially heinous, atrocious or cruel."
  • "The defendant was previously convicted of another capital felony or a felony involving the use or threat of violence to the person." Bain's office noted those 60 sex charges will serve as priors against Sterns if he is convicted.

On April 24, nearly two months after Madeline disappeared and was reported missing, the State Attorney filed first-degree murder charges against Stern in her death. He goes on four months being held in the Osceola County Jail after being transferred from the Orange County facility.

Sterns' trial is scheduled to begin the week of July 16. A pre-trial hearing is scheduled in that case and in the 60 sexual abuse charges on July 10, but Sterns has yet to appear in front of any judge or for any hearing.