Judge says he needs more time to decide on location of Luis Toledo's trial

DeLAND, Fla. — A rumored jail house confession from a 35-year-old Volusia County man who's accused of killing his wife and her two children will not be brought up at trial, a judge ruled Friday morning during a hearing.

Neither prosecutors nor defense attorneys considered Luis Toledo's reported confession to be credible. He faces the death penalty in the case.

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

Volusia County Circuit Judge Raul Zambrano granted 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 saw Toledo confront her 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 with a sequestered jury to 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.

Zambrano said he would want the trial to move quickly should the jury be sequestered.

"I'd be less inclined to give long breaks and maybe even work weekends," he said.

Zambrano said he will rule on whether to sequester the jury and move the trial at an undetermined date.

Toledo's trial is scheduled to begin Oct. 2.

Cox Media Group