'I'll never tell you where the bodies are,' trial underway in Volusia triple-murder case

Opening statements begin Wednesday in St. Augustine

ST. JOHNS COUNTY, Fla. – The triple-murder trial for a Volusia County man accused of killing his wife and her two children started Wednesday morning in St. Augustine.

Luis Toledo is accused of killing Yessenia Suarez and her two children, Thalia Otto, 9, and Michael Otto, 8, in Volusia County in October of 2013.

A judge ordered that Toledo's first-degree murder trial be held in St. Augustine so the court could seat a jury that hadn't been exposed to the media attention surrounding the case in Central Florida.

Jury selection began Oct. 2 and ended Tuesday. The pool began last week with 53 potential jurors, and was eventually whittled down to 12 jurors and three alternates. The jury was seated at 9 a.m. Wednesday for opening statements.

Toledo, dressed in a black suit, walked into the courtroom Wednesday morning ready for trial to begin.

The state led with opening statements telling jurors about the inconsistencies in Toledo's statements to police about what happened to his wife and her two children, the night the three disappeared.

Prosecutors said Toledo even told investigators, "I'll never tell you where the bodies are."
 
The prosecution also said that the couple had money issues and Suarez had an affair with a co-worker, which they said was the beginning of the end for the couple.

Once Suarez said she wanted a divorce, the state said, Toledo put a tracking app on her phone to watch her every move, email and text. The state plans to present this evidence during the trial.
 
Prosecutors said they believe that affair, those messages -- and the fact that Suarez wanted a divorce is what triggered Toledo to snap.

Toldedo's defense team followed with their opening statements just before noon.

Defense lawyer Jeff Deen asked the jury to not make up their minds about Toledo's guilt until the end of the trial.

"Proof of death isn't proof of murder," Deen said. "And at the end of the day, when the proof is done, I think it's going to be really the evidence that tells you that they weren't able to prove it."

Suarez's mother, Felicia Perez, testifed later on Wednesday about what she saw and heard hours before her daughter and grandchildren disappeared.

She described the couples' marriage as "rocky."

If found guilty, Toledo could face the death penalty.

Check back for updates throughout the day.


About the Authors

Loren Korn is a native Texan who joined the News 6 team as a reporter in May 2014. She was born and raised in Houston and graduated from the University of Texas at Austin with a degree in Journalism.

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