Daytona Beach, FL – A Volusia County judge says prosecutors cannot tell the jury in a Deltona man’s triple murder trial about his alleged gang ties.
That decision was among the 8 made by 7th Circuit Judge Raul Zambrano following a hearing earlier this month on motions filed by the state and the defense in the Luis Toledo case.
The 33-year-old Toledo is charged with the October 2013 murders of his 29-year-old wife Yessenia Suarez and her 2 children, 9-year-old Thalia Otto and 8-year-old Michael Otto. He is facing the death penalty if convicted.
Toledo – who is the step-father to those kids – has entered not guilty pleas for all 3 murders and he was charged despite the fact authorities have not found the physical remains of Suarez or her children. The Volusia County Sheriff’s Office believes the murders happened after Toledo discovered that Suarez cheated on him with a co-worker.
In an omnibus order released to the media on Tuesday but dated December 14th, Zambrano ruled that the state can use Suarez’s credit reports to show that she is no longer living as well as require Toledo to be physically measured for evidence. Prosecutors say they want to measure Toledo’s feet.
Zambrano also granted Toledo’s motion to move the trial to St. Augustine, a decision that was released to the media the day prior to Zambrano’s full order being released to the media. The defense had asked for the change of venue due to the media coverage the case has gotten in Volusia County.
In the order, Zambrano agreed with Toledo’s legal team that the mention of Toledo’s possible ties to the Latin Kings gang to the jury was prejudicial and would make it difficult for him to get a fair trial. Prosecutors claim Toledo is a high-ranking member of the gang and that at least 1 witness was reluctant to testify because of Toledo’s alleged link to the Latin Kings.
Zambrano did dismiss other motions filed by Toledo’s attorneys, including yet another request for more time to prepare for trial and that the state doesn’t have to release any evidence to the defense that prosecutors believe shows premeditation on Toledo’s part.
The judge did partially grant and deny 2 motions filed by Toledo. One of those will require each potential juror to be individually questioned on a variety of topics, including prior knowledge of the case and any domestic violence history those jurors may have.
The other motion will force any of the personnel involved with investigating or processing evidence in the case to tell the jury that certain areas in the Covent Gardens home Toledo shared with Suarez and her kids appeared to have been cleaned by Toledo prior to law enforcement arriving at the home to process the crime scene.
Click here to read the full order.
Jury selection in the case is set to begin on January 19th.
Copyright 2015 Southern Stone Communications.