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Judge rules death penalty remains on the table in Luis Toledo case

Volusia County, Fl. — The death penalty will remain in play for Luis Toledo, accused of killing his wife and her two young children in 2013.

During a hearing Friday, Volusia County Circuit Judge Raul Zambrano ruled on two motions made by defense attorneys aimed at preventing the prosecutors from pursuing the death penalty against Toledo.

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. Prosecutors say Toledo confessed to killing Suarez but denied killing her children.

Attorneys for Toledo tried to argue that because the law was so broad and arbitrary, anyone charged with first-degree murder could also be given the death penalty.

The state said that it has the power to decide who faces the death penalty and who doesn't, and that a defendant may appeal to a jury or a judge should the defense dislike an initial decision at trial.

Friday's rulings mean Toledo could face the death penalty if he is found guilty. His trial is scheduled to begin Oct. 2.

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