DELTONA, Fla. – The man who prosecutors say killed his wife and two children appeared in front of a judge on Thursday afternoon in Volusia County.
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Luis Toledo told investigators that he killed 28-year-old Yessenia Suarez, but has denied killing her two children, ages 8 and 9, inside of a Deltona home in 2013. Their bodies have never been found, but prosecutors say bloodstains were found inside the home.
Circuit Judge Raul Zambrano granted Toledo's legal team the motion to examine the home where the suspected murder took place back in 2013. Toledo's attorney asked to take along investigators and walk through the home, video tape the inside and do some testing. The State also wants to do the same thing.
The judge said Toledo's legal team must write down the logistics and make sure the house is vacant.
The next hearing to address the motions is set for June 29 at 9 a.m.
Toledo is facing the death penalty if he is found guilty. The judge clarified on Thursday that Toledo will be tried as premeditated murder, not felony murder.
The trial was pushed back from June 2015 to September 2015.
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