DeLAND, Fla. – Attorneys for a man charged with murder in the death of his wife and her two children are asking a judge to throw out the death penalty in his case.
Luis Toledo, who is accused of killing wife Yessenia Suarez and her two children in 2013, is expected in court Friday as a judge addresses 13 motions filed by the defense.
According to court documents, Toledo's attorneys argue the death penalty should not be applied against their client because he was originally charged under an illegal death penalty scheme.
In January 2016, the United States Supreme Court ruled Florida's death penalty was unconstitutional, which forced a new state law to be written.
In March 2017, Florida Gov. Rick Scott signed a law which requires a unanimous jury decision for the death penalty to be imposed.
Toledo's attorneys are also expected to ask the judge to limit victim impact statements and exclude evidence that they said was designed to create sympathy for the victims.
Friday's hearing begins at 9 a.m. and is expected to last the entire day.