DELTONA, Fla. - A Deltona man accused of killing his wife and her two young children expressed he was happy to learn about an alleged conflict of interest in his case that was pointed out to him by a local website called Volusia Exposed, Channel 9 has learned.
Luis Toledo was arrested in October and has confessed to killing his wife, Yessenia Suarez, but maintains an accomplice killed the children, 9-year-old Thalia Otto and 8-year-old Michael Otto.
Toledo's judge, Margaret Hudson, is married to a former Volusia County sheriff's office captain, Dave Hudson. In a two-page letter obtained by Channel 9, Toledo stated he plans to "place a motion to remove her from his case."
"The motion the defense would probably file is a motion to recuse the judge, but this motion has little to no chance of succeeding," said WFTV legal analyst Bill Sheaffer.
Hudson retired from the Volusia County Sheriff's Office in 2005 and officials said he has had no involvement in Toledo's case.
Sheaffer said if Toledo's defense files a motion, it would be of little concern for the prosecution.
"The real challenge for the prosecutor in this case is proving circumstantially that the defendant killed his two children," said Sheaffer.
Toledo faces second-degree murder charges in the death of Suarez and two charges of first-degree murder in the deaths of the children, though no bodies have been recovered.