Judge Sets Tentative January Toledo Trial Date Pending Court Death Penalty Decision

By on August 18, 2016 in WNDB News

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Volusia County, FL- Update: Judge Raul Zambrano set a tentative January 9, 2017 trial date for accused triple murderer Luis Toledo today. The action came during a status hearing for the 34-year-old Deltona man charged in the murders of his wife and her two kids. Zambrano said when and how the trial goes forward depends on a ruling expected from the Florida Supreme Court on the death penalty process. Zambrano says he doesn’t know what the court will do about the death penalty so he won’t set deadlines.

In January, The U.S. Supreme Court ruled Florida’s death penalty process unconstitutional. Zambrano said it’s possible the state Supreme Court could invalidate the complete death penalty.

Zambrano set a status conference for October 14 at 8:30 AM and says he hopes to have a Supreme Court decision by then.

Toledo did not appear for today’s court session. His lawyers had asked to waive his appearance.

Earlier reporting follows:

A Deltona man accused of killing his wife and her two children will not be in a Volusia County courtroom Friday, but his lawyers and prosecutors will be there for a status hearing.

Luis Toledo was set for trial in January for the deaths of his wife, Yessenia Suarez and her two children. Their bodies have never been found.

The U.S. Supreme Court struck down the Florida death sentencing process just days earlier because it said it gave judges too much power.

Lawyers on both sides will meet for a status hearing. They are waiting for a Florida Supreme Court decision as jury instruction for a death penalty trial won’t be decided until after the ruling.

 

Luis Toledo

Luis Toledo

(Photo courtesy of Volusia County Jail)

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