Luis Toledo: Penalty phase begins

ST. AUGUSTINE, Fla. — A jury who convicted a 35-year-old Deltona man of killing his wife and his two stepchildren Friday returned to court Wednesday to begin the trial's penalty phase.

Jurors must decide whether to recommend to a judge that Luis Toledo be sentenced to death or life imprisonment for the murders of Thalia Otto, 9, and Michael Otto, 8.

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Prosecutors said he killed his wife and his stepchildren after learning that Suarez was having an affair and sought a divorce.

"As an adult, he should have loved and cared for these precious babies. Instead, he slaughtered them on the floor," prosecutor Ryan Will said.

Toledo's attorneys are requesting life without parole.

"We believe his life is worth saving. We're asking you to come back with a verdict without the opportunity for parole," attorney Michael Nielsen said.

Prosecutors said Toledo felt the children were a burden keeping him from his freedom when his marriage was falling apart. Prosecutors said Toledo killed the children to get rid of witnesses and to try to ensure his freedom.

The children's father testified in court.

"Thalia loved to draw, paint, read, do puzzles and even pillow fights sometimes," Michael Otto Sr. said. "(I) never got a chance to teach him (Michael) how to slam dunk a basketball, or see him hit a home run in the final innings of the baseball game."

Prosecutors called witnesses to testify to show Toledo's violent criminal history, which includes a home invasion in 1999.

Toledo's attorneys said they couldn't excuse his actions, but said there were factors in Toledo's life that contributed to his behavior and that he had abnormal brain and psychiatric problems.

Toledo told the judge he doesn't want his lawyers to argue against the death penalty.

All 12 jurors have to vote for the death penalty in order to recommend the sentence for Toledo.

Cox Media Group