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Death penalty question could delay Luis Toledo murder trial

VOLUSIA COUNTY, Fla. — The trial of a man accused of killing his wife and her two children could be delayed.

Luis Toledo, 33, was expected to go to trial later this summer, but a death penalty issue before the Florida Supreme Court could push the trial back.

Toledo's wife Yessenia Suarez, 28, and her children, Thalia Otto, 9, and Michael Otto, 8, disappeared from their Deltona home in October 2013. They have not been found.

Slideshow: Photos of missing Deltona mom, children

Slideshow: Photos of evidence in Toledo case

Investigators said Toledo confessed to killing Suarez, but denied killing the children.

A hearing is scheduled for Monday in the Toledo case to discuss the death penalty issue.