Madeline Soto update: Stephan Sterns files new motion to drop death penalty in murder case
Accused killer Stephan Sterns and his attorneys have filed DOZENS of motions as the state and defense prepare for trial.
Sterns has been charged with first-degree murder in the death of 13-year-old Madeline Soto. The state is seeking the death penalty against him.
A tentative trial date has been scheduled for September 2025.
Among the motions, Sterns wants the death penalty removed as an option; wants to be unshackled during hearings and trials, and wants to use a real pen during trial.
ORLANDO, Fla. - Stephan Sterns, the man facing a first-degree murder charge and the death penalty, if convicted, in the disappearance and death of 13-year-old Madeline Soto has filed nearly 50 motions in recent days ahead of a pre-trial conference.
Madeline Soto was reported missing in February 2024 after not showing up to school. Her body was found five days later dumped in a grassy area in a remote part of Osceola County, officials said. She had been strangled, according to court records.
Among the dozens of motions, which seek to establish rules on jury instructions, depositions, and other trial procedures, two of the most notable have to do with Stephan Sterns himself.
According to one of the motions, Stephan Sterns wants the death penalty to be removed as a possible penalty if convicted. In another motion, Sterns wants to ensure that he is not restrained during trial and that he is allowed to use a real writing utensil to presumably take notes.
Florida prosecutors have already filed a notice of intent to seek the death penalty against Sterns in the death of Soto, whom he lived with along with the girl's mom, Jennifer.
What they're saying
Sterns' defense attorney argued in the motion that the death penalty would violate his "fundamental right to life," citing the Fifth, Sixth, Eighth, and Fourteenth Amendments.
In the motion, Sterns' attorneys also cited that the death penalty is considered a "cruel and unusual" punishment according to international human rights law, and Pope Francis' stance on the death penalty.
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A hearing will have to be held on the motion and a judge will have to make a decision.
In another motion, Stephan Sterns wants to make sure that he is unrestrained – not shackled – during his trial, if the case reaches trial. His defense attorneys argue that putting the defendant in restraints would create an "inherent bias" to a potential jury.
In the motion, attorneys argued that Sterns is considered innocent until proven guilty, that restraints would interfere with his ability to communicate with his attorneys and inhibit Sterns' ability to participate in his own trial.
That motion also asks the court to allow Sterns to use "normal writing instruments" during court hearings.
What we know
Stephan Sterns was the boyfriend of Jennifer Soto, Madeline's mother.
According to court documents and law enforcement, Sterns lived with Jennifer, Madeline, and another roommate on and off. He would sometimes take Madeline Soto to school and would also sometimes sleep in the same bed as Madeline and Jennifer, court records said.
In Feb. 2024, he reportedly took Madeline Soto to school while the girl's mother stayed back at the house. Hours later when Madeline's mom went to pick her up from school, she was told Madeline never made it to school that day.
Sterns is charged with first-degree murder in the death of the girl. He is also charged in a separate case with some 60 counts of sexual abuse and possession of child sexual abuse material after thousands of graphic photos, some including Maddie, were found on his cell phone and saved to a Google Drive account, court records said.
He has pleaded not guilty to those charges.
His trial on the first-degree murder charge is currently scheduled to begin on Sept. 22, 2025.
Last October, new details into the investigation were released, including a recorded phone call between Sterns, who was in jail, and his parents.
During the nearly 15-minute call, Sterns laments that he received the "world's sh**iest birthday present," wishes his mom a belated birthday and Mother's Day, and attempts to answer his parents' questions about the ongoing investigation.
It appears that the phone call happened after first-degree premeditated murder charges were filed against him in April.
Stern's dad: "We're you expecting these charges?"
Sterns: "No."
Dad: "A murder charge? So you got blindsided by that?"
Sterns: "Yeah. Obviously, it's not true. Ya know, I never would have wanted her gone for any reason. Pre-meditated first-degree is kind of a (expletive)-punch"
His parents later ask for some understanding of what happened – and why.
"I wish there was a way that, ya know, you and I can have a conversation, all of us could have a conversation, to understand what's taken place, how this came about, how you're life here, because it would help us better understand the situation because we're at a loss for understanding how all this came about. We're just totally baffled," Sterns' dad said.
"I didn't start it," Sterns responds, almost defensively.
"OK. You didn't start it, but you participated in it, which is just as bad as not starting it, but that's for another day."
What we know
Madeline "Maddie" Soto was a 13-year-old girl who was reported missing on Feb. 26, 2024. Maddie had just celebrated her 13th birthday on February 22, days before she was reported missing.
Madeline was a student at Hunter's Creek Middle School in Orlando. Though, she lived with her mom, Sterns, and an adult roommate in Kissimmee.
Her body was found in a grassy area in Osceola County on March 1.
Sunday, Feb. 25: Madeline Soto's 13th birthday celebration
Monday, Feb. 26: Madeline Soto was last seen at 8:30 a.m., didn't make it to school
Tuesday, Feb. 27: Madeline Soto's missing poster was released, officials begin search
Tuesday night, Feb. 27: Madeline Soto's mom, Jenn Soto, speaks with FOX 35; would-be suspect appears in background
Wednesday afternoon, Feb. 28: Orange County Sheriff John Mina hosts press conference about ongoing search
Wednesday night, Feb. 28: Mom's boyfriend Stephan Sterns arrested on unrelated charges, named 'prime suspect' in Madeline Soto case
Thursday, Feb. 29: Kissimmee Police Department releases Stephan Sterns' arrest affidavit
Thursday, Feb. 29: Body language expert assesses Stephan Sterns' body language in Zoom interview with Jenn Soto
Friday morning, March 1: Stephan Sterns dodges questions from FOX 35 while being transferred from Orange County to Osceola County
Friday afternoon, March 1: Officials say they're 'confident' that Madeline Soto is dead
Friday afternoon, March 1: Multi-agency search for Madeline Soto near area where Stephen Sterns was last seen
Friday afternoon, March 1: Body found amid search for Madeline Soto
Saturday morning, March 2: Stephan Sterns waives first appearance in court
Wednesday, March 6: New court documents allege Stephan Sterns may have abused Madeline Soto years before her disappearance, death
Tuesday, March 12: State Attorney's Office files 60 additional charges against Stephan Sterns
Thursday, March 21: Kissimmee Police Chief holds press conference with updates about investigation
Wednesday, April 4: State Attorney Andrew Bain explains why more information has not been released into the Madeline Soto death investigation
Wednesday, April 4: FOX 35 obtained the 911 calls from the morning 13-year-old Madeline Soto went missing from Orange County
Saturday, April 15: Maddie Soto's family and community members gathered at a vigil Saturday to remember the 13-year-old who was found dead days after she was reported missing in February.
Wednesday, April 24: An Osceola County judge granted a motion to continue the pretrial for Stephan Sterns.
Wednesday, April 24: A new trial date has been set for Stephan Sterns after an Osceola County judge granted the defense's motion for more time during a pretrial hearing.
Thursday, April 25: Stephan Sterns has been charged with first-degree murder in the death of 13-year-old Florida girl Madeline Soto.
Monday, June 10: The State Attorney's Office intends to seek the death penalty against Stephan Sterns, the man accused of killing his girlfriend's daughter, 13-year-old Madeline "Maddie" Soto, according to court records – should he be convicted.
Wednesday, July 10: Attorneys for Stephan Sterns, who was charged for the murder of 13-year-old Madeline Soto, have filed motions to continue both trials.
Thursday, August 22: New police interviews with Stephan Sterns, Jennifer Soto from hours after teen went 'missing'
Friday, August 23: New documents obtained by FOX 35 this week show that the teen's mother may have known about that alleged abuse.
Monday, August 26: Madeline Soto's mom admits to knowing Stephan Sterns was 'grooming and abusing' her daughter, documents show.
Monday, August 26: New documents shed light on how Madeline Soto's body got to the rural location it was eventually found at, and, ultimately, how she died.
Monday, October 14: Trial date set for Stephan Sterns
Wednesday, October 23: Kissimmee police revealed new information in the ongoing investigation. Alleged killer Stephan Sterns secretly filmed naked roommate, officials say.
Friday, October 25: "I didn't start it" Those are the words Stephen Sterns told his parents in a recorded call from jail, audio which was released to FOX 35 Orlando.
Thursday, February 6: Stephan Sterns and his attorney file dozens of motions ahead of his murder trial set to begin in September. Asking to strike the death penalty and to have all physical restraint devices removed from Sterns during trial proceedings.
The Source
Information in this article comes from new court motions, released records and investigation reports, press conferences, law enforcement, and previous FOX 35 reporting.
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