Luis Toledo: Death penalty remains on table for man accused of killing wife, children

DeLAND, Fla. — The death penalty will remain on the table for a 35-year-old Volusia County man who is accused of killing his wife and her two children when his case goes to trial Monday, a judge ruled Friday.

Attorneys for Luis Toledo tried to convince Volusia County Circuit Judge Raul Zambrano to strike the death penalty, saying prosecutors failed to follow some procedures. But their motion was denied.

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.

Investigators said Toledo confessed to killing Suarez but denied killing her children.

Attorneys filed a motion to not allow jurors to hear police officers refer to Toledo by his nickname "Semi" -- an allusion to Toledo's mixed-martial arts training, which insinuates that he hits as hard as a tractor-trailer. But Zambrano also denied that motion.

Attorneys filed a motion to have the jury sequestered, but Zambrano denied that request.

"When (potential jurors) come in, they don't know why they are there, so they don't know what case they're getting," defense attorney Jeff Deen told Channel 9. "They start hearing (about) it and look in the back of the room and see your cameras there."

The defense also argued to keep other evidence out, including a fight the couple had six days before Suarez disappeared.

"There was potentially even an attempt to try to stab her with this knife. We don't want the jury to hear about that," said defense attorney Michael Nielsen.

The judge ruled it was relative to the case and should be used.

Toledo's case will be tried in St. Augustine because of the publicity it has received.

Cox Media Group