Daytona Beach, FL – A unique aspect of Florida’s death penalty law is being challenged at the United States Supreme Court and could directly impact a pending death penalty trial in Volusia County.
The Supreme Court will hear arguments on Tuesday about whether or not Florida’s approach to the death sentence is a violation of either the 6th Amendment or the 8th Amendment of the US Constitution.
The 6th Amendment deal with rights granted to those accused of crimes, while the 8th Amendment prevents the government from imposing cruel and unusual punishments.
Timothy Lee Hurst – a Pensacola man on death row for the 1998 murder of a manager at the fast food restaurant where Hurst worked – wants the Supreme Court to decide if a jury must be unanimous when deciding on the death penalty and what the jury’s role should be if the defendant claims a mental disability.
Luis Toledo – the Deltona man accused of murdering his wife and 2 step-kids nearly 2 years ago – asked a Volusia County judge earlier this year to postpone his trial until the Supreme Court ruled on Hurst v. Florida, but that request was denied.
Sarah Tuberville with the Constitution Project says Florida is the only state that allows a death sentence without a unanimous vote of the jury. In Hurst’s case, the vote was 7 to 5 in favor of death.
“We could have a ruling on this case as early as next spring, which – depending upon how the court rules – could potentially throw existing Florida death penalty cases into chaos,” Tuberville stated.
Former prosecutor Harry Shorstein says it should be unanimous.
“You need a unanimous verdict for a trial on trespass or some minor misdemeanor, but not on the death penalty,” he said. “It frankly doesn’t make any sense.”
3 of the state’s former chief justices have filed briefs with the Supreme Court supporting the Hurst appeal, saying Florida’s way of imposing a death sentence is unconstitutional.
The Volusia County Sheriff’s Office says Toledo admitted to killing 29-year-old Yessenia Suarez after she allegedly cheated on him with a co-worker, but denied hurting or killing either of her children, 9-year-old Thalia Otto and 8-year-old Michael Otto.
Toledo has entered not guilty pleas for all murder counts – including those related to Suarez – and has constantly received delays in his trial date for various reasons, almost all related to requests made by his legal team.
Authorities have not found the bodies of Suarez or of her children despite numerous search efforts made by VCSO as well as by some of Suarez’s family members. They are presumed dead at this point by VCSO.
Toledo’s trial is scheduled to start in January.
Florida News Network contributed to this report.
Copyright 2015 Southern Stone Communications.