DeLAND, Fla. – A judge has granted the delay of the murder trial for Luis Toledo on Friday morning.
Toledo is accused of killing Yessenia Suarez in 2013, along with her son and daughter. Their bodies have not been found.
The judge issued his ruling Friday morning, also denying the defense's motion to strike the notice of intent to seek the death penalty.
A hearing was held Thursday, and state prosecutors said the trial should be delayed until the Florida Legislature decides on the state's death penalty system. The U.S. Supreme Court ruled earlier this week that the death penalty system in Florida is unconstitutional.
"There's a death penalty, but there's not mechanism to impose it," said defense attorney Jeff Deen. "Obviously, the only reason for the state to continue the case is to impose it."
Toledo's attorneys said the trial should continue as planned, and if he's convicted, he should be sentenced with whatever sentences are available at that time.
"We would argue that they couldn't impose the death penalty. It can't be imposed now, that's for sure," said Deen.
Another option would be to proceed using a different jury for the penalty phase of the trial, but prosecutors and the defense both said that's something they don't want to see.
"That's a hard process and we want one trial," said Deen.
The trial was scheduled to begin next week in St. Augustine.