DeLand, FL -Prosecutors and defense lawyers were in front of Judge Raul Zambrano this morning presenting arguments in the case of accused triple murderer Luis Toledo. The prosecution is asking for a delay in the trial after the US Supreme Court ruled earlier this week that Florida’s death penalty process is unconstitutional. Zambrano says he will rule tomorrow. The defense argued that the death penalty should be removed from Toledo’s case. Prosecutors said a 60-day delay would give time to clarify where the death penalty stands.
Earlier reporting follows:
Prosecutors are trying to delay the triple murder trial of a Deltona man after the nation’s highest court ruled that Florida’s death penalty process is unconstitutional.
The office of 7th Circuit State Attorney RJ Larizza filed a motion in court on Wednesday to delay Luis Toledo’s trial until the issues pointed out by the United States Supreme Court in the Hurst v. Florida case have been “properly addressed”.
That motion – which you can read in full by clicking here – notes that Toledo’s legal team objects to the delay, meaning that a hearing will take place in front of Volusia County Judge Raul Zambrano at 8 AM Thursday to decide the matter. That hearing will be held at the Historic Volusia County Courthouse in DeLand.
The 33-year-old Toledo is facing 2 counts of 1st-degree murder and 1 count of 2nd-degree murder in the October 2013 disappearances of his wife and 2 step-kids. Their bodies haven’t been recovered but all 3 are presumed dead.
Toledo’s attorneys initially tried to have the trial delayed until the Supreme Court ruled on Hurst v. Florida – one of many attempts by the defense to push the trial date back – but that request was denied in court.
Jury selection for Toledo’s trial is scheduled to begin on Tuesday (January 19th) in St. Augustine. Zambrano decided to move the trial from Volusia County due to heavy media coverage.
Zambrano has yet to rule on a motion from prosecutors looking to introduce evidence of a Lake Mary domestic violence incident that took place between Toledo and 29-year-old Yessenia Suarez the day before she and her kids – 9-year-old Thalia Otto and 8-year-old Michael Otto – were reported missing from the Covent Gardens Drive home they shared with Toledo.
Investigators believe Toledo and his wife got into an argument over her cheating on him with a co-worker just before he killed her and the kids.
Toledo has entered not guilty pleas in all 3 murders and is facing the death penalty if convicted.
Zambrano has already ruled on several other motions related to this case, including denying prosecutors the option to tell the jury about Toledo’s alleged ties to the Latin Kings gang.
For more on the US Supreme Court ruling, click here.
Copyright 2016 Southern Stone Communications.