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TPD, Florida DCF refuse to release records involving Missy Mogle abuse investigations
The two public agencies that dismissed allegations 5-year-old Missy Mogle was molested by her stepfather nearly a year before her murder refuse to hand over any documents related to the investigations.
In their denials, both the Tallahassee Police Department and the Florida Department of Children and Families cited laws designed in part to protect the rights of their parents or caregivers. In Missy's case, that includes her stepfather and mother, Daniel and Chloe Spencer — both of whom are charged in her murder.
However, Florida's child welfare law includes a provision allowing 'any person or organization,' including DCF itself to petition the court for an order that would open DCF's records on Missy Mogle's abuse case to public scrutiny.
'Floridians have the right to expect transparency and accountability from DCF – especially when a child's death or serious injury is linked to abuse or neglect,' said Robin Rosenberg, deputy director of Florida's Children First, a nonprofit based in Boca Raton.
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In July 2024, the Tallahassee Police Department and the Florida Department of Children and Families responded to the apartment where Missy resided after she told loved ones that her stepfather choked her and touched her genitals.
TPD, in consultation with the State Attorney's Office, ended its investigation without making an arrest because of a lack of probable cause. DCF closed its investigation the same month it came in.
According to confidential DCF documents obtained by the Democrat, the agency did so because Missy's mother had signed a power of attorney agreement for her to live with a close family friend and have no contact with her stepfather.
Several months later, Missy went back to live with Daniel and Chloe Spencer at their Southwood residence. She died May 19 after she lost consciousness and was rushed to the hospital with signs of severe abuse.
After her death, the Democrat requested a TPD police report referenced in court documents pertaining to its sex abuse investigation of Daniel Spencer.
TPD declined the public records request in its entirety, citing Marsy's Law, the constitutional amendment that grants privacy and other rights to crime victims and their families, and Florida Statute 119.071(2)(h). That section makes any information that reveals the identity of victims of child abuse or sex offenses confidential.
TPD also cited Marsy's Law when it declined to identify Chole and Daniel Spencer in the hours after their arrest on aggravated child abuse and neglect charges in Missy's death.
Alicia Hill, a TPD spokeswoman, told the Democrat July 18 that the department considers any case involving the sexual abuse of a child, either living or dead, totally exempt from Florida' public records laws.
But Barbara Petersen, executive director of the Florida Center for Government Accountability, said TPD is supposed to redact any exempt information from their reports, like names, and release the rest.
'They're not protecting the rights of the child,' Petersen said. 'The child is dead. They're protecting the parents. And are they protecting themselves? They investigated this. It makes no sense for them to invoke all of these laws that protect the identity of the victim when that victim is a child and she's dead as a result of child abuse.'
Miguel Nevarez, DCF press secretary, told the Democrat in a July 16 email about Missy Mogle records that 'information specific to this case is confidential per section 39.202, Florida Statutes.'
That statute says that 'in order to protect the rights of the child and the child's parents or other persons responsible for the child's welfare,' all records concerning reports of child abuse are confidential and exempt from public records laws.
Rosenberg, a board certified juvenile lawyer, said that in 2014, Florida enacted a statute requiring public disclosure relating to child deaths. It also required DCF to disclose child deaths on its website.
'We hope that DCF will continue its long-standing practice of fully embracing transparency and accountability when children die or are seriously injured and there is an allegation of abuse or neglect,' Rosenberg said.
Contact Jeff Burlew at jburlew@ or 850-599-2180.
This article originally appeared on Tallahassee Democrat: TPD, DCF block release of records involving Missy Mogle investigations
