Judge limits evidence heard in Luis Toledo murder trial

DeLAND, Fla. — A man accused of killing his wife and her two children was in a Volusia County courtroom Tuesday.

A judge decided what evidence will be heard by the jury when the Luis Toledo murder trial is set to begin Oct. 2.

Toledo is accused of killing Yessenia Suarez, 28, and her children, Thalia Otto, 9, and Michael Otto, 8, who disappeared from their Deltona home in October 2013. Their bodies haven't been found.

Volusia County Circuit Judge Raul Zambrano ruled to limit what the medical examiner can say on the stand. The medical examiner can talk about neck injuries and the type of force needed to cause them. The medical examiner cannot say how the children may have died or who may have killed them, because the judge feels it would be too speculative.

The medical examiner based  his opinions off what prosecutors at the State Attorney's Office told him happened, as well as what he heard in an eight-minute confession video by Toledo. However, a judge ruled the jailhouse confession will not be brought up at trial.

Neither prosecutors nor defense attorneys considered Toledo's reported confession to be credible.

The judge granted on Aug. 25 several motions, including the release of jail visitation and cellphone records and allowing blood evidence to be introduced at trial.

Jurors will hear from witnesses who say they saw Toledo confront Suarez at her workplace about an affair with a coworker the day before prosecutors believe she was murdered.

Zambrano said he needs more time to decide on Toledo's attorneys' request to move the trial from Saint Johns County and to have a sequestered jury in Volusia County.

The defense argued that isolating the jury would lessen the chances of a mistrial and that trying the case in Volusia County would shorten the distance of travel for witnesses.

Toledo could face the death penalty in the case, if convicted.

Channel 9's Mike Springer is following the developments in the courtroom. Follow him on Twitter and Eyewitness News at 4 p.m. for updates.

Cox Media Group