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Thread: Luis Toledo Sentenced to 3 Consecutive Life Terms Without Parole in 2013 FL Slayings of Yessenia Suarez and her Children

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    Administrator Helen's Avatar
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    Luis Toledo Sentenced to 3 Consecutive Life Terms Without Parole in 2013 FL Slayings of Yessenia Suarez and her Children


    Luis Toledo



    Yessenia Suarez (left and her two children -- Michael Otto, 8, bottom, and Thalia Otto, 9, top)


    Prosecutors seek death penalty for Luis Toledo

    DELAND -- Luis Toledo, the Volusia County man accused of killing his wife and her two children, now will face the death penalty when the case goes to trial.

    The Deltona man is facing murder charges in the deaths of his wife Yessenia Suarez and her two children, 8-year old Michael Otto and 9-year old Thalia Otto. Their bodies have not been found.

    The last time they were seen was October 22. That’s when investigators said Toledo confronted Suarez where she worked in Lake Mary, and even slapped her before the disappearance of Suarez and her children.

    Toledo has pleaded not guilty to all three charges of murder.

    Toledo and his attorney asked the judge for a continuance earlier this month, which essentially meant Toledo was waiving his right to a speedy trial.

    The next hearing date was set for June 17.

    http://www.mynews13.com/content/news...o_charged.html
    Last edited by Helen; 03-31-2014 at 09:20 PM.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    New evidence suggests accused killer Luis Toledo was part of Latin Kings gang

    DELTONA, Fla. — Hundreds of newly released documents in the case against Deltona murder suspect Luis Toledo are revealing a treasure trove of fresh evidence.

    The newly released documents said that early on in the investigation, a neighbor who helped Toledo move cars the day Yessenia Suarez and her two children went missing, was a murder suspect. Investigators now believe he was just a pawn in Toledo's plan.

    Investigators said they now think Toledo acted alone when he killed his wife and her two children, Thalia and Michael.

    Included in the release of evidence were photos of 14 spots of blood in the hallway and master bathroom that investigators said belonged to 9-year-old Thalia.

    Raw video: Deputies search Yessenia Suarez's home after disappearance


    While searching the home, investigators also found evidence that shows Toledo was or currently is a member of the notorious Latin Kings gang. Toledo had articles about them and closely followed the trial of Latin Kings member Troy Victorino, who with three others, murdered six people in a Deltona home in 2004.

    Analysts recovered items Toledo allegedly tossed into a dumpster after the victims were believed to be killed, including a boot they said belonged to Toledo with a drop of blood on it.

    Investigators also recovered a sandy, discarded floor mat from his wife's black Honda.

    In their efforts to get Toledo to talk, investigators drove him to his parents gravesite because he claimed he wanted to make peace with them.

    He did not give authorities the information they wanted and deputies have not found the bodies of the missing mother and her children.

    Watch: Deputies release hundreds of photos in Luis Toledo case


    http://www.wesh.com/news/central-flo...4700192#!Cd7lj
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Helen's Avatar
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    Luis Toledo calls missing wife's relative, leaves chilling message

    DELTONA -- News 13 has uncovered a disturbing phone call made by a Deltona man accused of killing his wife and two stepchildren Oct. 23.

    It's a call that even the State Attorney's Office said is highly irregular, and it's a call that has struck fear within Yessenia Suarez's family.

    "This is Luis," is the first thing you hear on the recorded message.

    It is Luis Toledo's monotone voice in a phone call made from behind the walls of the Volusia County Branch Jail last month. He left that phone message on Suarez's uncle's phone. It's intended for Yessenia's mom, Felicia Perez.

    "I understand that your sister's mad, that she's hurt, you know what I'm saying," continued Toledo on that phone message. "But if anybody she needs to be mad at, it's me."

    News 13 caught up with the person it was intended for.

    "It got me very upset that he has the nerve to call my family's house," said Perez.

    Toledo is currently in solitary confinement without bond, charged with two counts of first-degree murder for the deaths of his stepchildren, Michael and Thalia Otto, as well as second-degree murder for the death of his wife, Yessenia. Toledo confessed to Suarez's murder, according to detectives.

    Their bodies have never been found.

    Toledo and Suarez's family have been in the same courtroom attending Toledo's hearings. Toledo believes Perez has stared down his family members.

    A source within the State Attorney's Office said they, and Volusia County Sheriff's investigators, know about the phone calls. But they're not putting a stop to it, hoping Toledo will slip up and reveal where he hid the bodies.

    "I really don't wanna even hear his voice, you know," Perez said. "It feels like intimidation, feel like a threats, you know? You get scared, you get scared."

    Before Toledo hung up, he left this final chilling message for Yessenia's mom.

    "Felicia needs to leave my family alone."

    Perez said unless Toledo calls her up to let her know exactly where she can find her daughter and grandchildren, she wants these calls to stop.

    http://mynews13.com/content/news/cfn...uis_toled.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Rollins College awards posthumous degree to Deltona mother presumed dead

    WINTER PARK -- Rollins College in Winter Park bestowed an honor to a missing Deltona mom which few have ever received.

    Friends and family gathered at Rollins College for a graduation ceremony just for Yessenia Suarez.

    College administrators confirmed that a graduation for a degree given posthumously is so rare, it's been years since they bestowed this same honor to another person.

    "It has been our profound privilege to share in Yessenia's education and in her life," said Rollins College President, Dr. Lewis Duncan.

    Yessenia Suarez not only attended Rollings college, she also worked part time here while working on her bachelors degree.

    The Deltona mother and her two children, Michael and Thalia are presumed dead though their bodies have not been found since they disappeared 6 months ago.

    Her husband, Luis Toledo allegedly confessed to killing Yessnia but denied killing the children.

    He remains behind bars at the Volusia County branch jail.

    Yessnia's disappearance was felt by her fellow students and this professor who was at a loss for words even today.

    One of Yessenia's professors, Dr. Dave Richard had heartfelt words to share with the family, "Words can only describe but not fully convey our sorrow, our dismay, our longing to know that she and her children have found peace."

    "This means a lot to me since this was my daughter's Yesse's dream come true," said Felicia Perez,Yessenia's mother. "Even though,even though my Yesse's not here to see it, we are."

    The rest of the Rollins college graduation will be held next week.

    And even though there was talk about bestowing this honor during the general graduation, administrators felt this ceremony just for Yesenia would be more meaningful, Yessenia's parents could not agree more.

    http://mynews13.com/content/news/cfn...lege_awar.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Luis Toledo goes after Judge Margaret Hudson in letter from jail

    By Frank Fernandez
    The Daytona Beach News-Journal

    Luis Toledo of Deltona, accused of killing his wife and her two children, wrote in a letter from jail that he would file a motion to disqualify Circuit Judge Margaret Hudson from his case because she is married to a former captain at the Volusia County Sheriff’s Office.

    Toledo, 32, is charged with second-degree murder in the killing of his wife, Yessenia Suarez, 28, and two counts of first-degree murder in the slayings of Suarez’s children, Thalia Otto, 9, and Michael Otto, 8. They were reported missing on Oct. 23 and their bodies have not been found.

    “Thank You Very Much For This Vital Conflict Of Interest And Will Place A Motion To Remove Her From My Case!” Toledo wrote.

    Toledo wrote about seeking Hudson’s recusal in a letter dated May 3 to Volusia Exposed, in which he thanked the website for providing him information about the alleged conflict. Volusia Exposed sent letters to Toledo and three other inmates about Judge Hudson, who is married to Dave Hudson, a former sheriff’s captain who retired in 2005. The website also sent letters to a pair of brothers facing murder charges and one man convicted of trying to kill two deputies. No information was available on how many letters Toledo, a former Latin Kings gang member, has sent while jailed.

    The Florida Supreme Court’s Judicial Ethics Advisory Committee stated in a July 2007 opinion that merely having a relative, such as a spouse or son, employed by an agency is not sufficient reason to disqualify a judge. The Ethics Committee said that a judge should disqualify herself or himself if a relative is actively involved in the investigation.

    However, the stakes are too high in the triple-homicide, death-penalty case against Toledo, and Judge Hudson should disqualify herself, said Tamara Lave, a professor at the University of Miami School of Law. It’s better to nip the issue in the bud then have the case overturned on appeal, she said.

    “An impartial judge is one of the bedrock foundational requirements for a fair trial,” Lave said. “And I think in an instance like this, when the stakes are this high, I think it makes sense for the judge to either recuse him or herself or for a appellate court to remove the person and put a judge in there that has no whiff of impropriety.”

    The Volusia County Sheriff’s Office said that Dave Hudson retired with 28 years of service and is a volunteer reserve deputy, a courtesy extended to sworn employees who leave on good terms so they can keep current their law enforcement certificate, wrote spokesman Gary Davidson.

    “He has no official role with the department, renders no actual services and had no involvement in the Toledo investigation,” Davidson wrote.

    Terence R. Perkins, the chief judge of the 7th Circuit, wrote in a letter emailed Friday to The News-Journal that since Dave Hudson retired he “has not been employed in any capacity with the Volusia County Sheriff’s Office.”

    “More importantly, Mr. Hudson has not participated in any way in the investigation, arrest or charging decisions related to any criminal cases assigned to Judge Hudson,” Perkins wrote.

    Margaret Hudson was appointed to the bench in 2006 and has been presiding over criminal cases in the 7th Circuit since January 2010, Perkins wrote.

    The state Supreme Court’s Judicial Ethics Advisory Committee 2007 opinion said that “judges should disqualify themselves if a family member employed by the Sheriff’s department was actively involved in the litigation or investigation of a matter on behalf of that agency. Merely being a salaried employee with the sheriff’s department in and of itself would not warrant or mandate automatic disqualification on all cases that include that agency.”

    Toledo wrote to Volusia Exposed that his attorney had filed a motion to open the grand jury proceedings or dismiss the indictment.

    “Yes, I Have A Very Big Problem With This Conflict Of Interest Concerning My Judge Because She Has In My Case Refused To Honor Any Motions Correctly Filed By My Attorney Jeff Dean (sic).”

    Toledo’s defense attorney Jeff Deen did not respond to a phone call and email from The News-Journal.

    Traces of Thalia Otto’s blood were found in the master bathroom of the family’s Deltona house. Thalia’s blood was also found on the trunk mat of her mother’s Honda Accord. And the girl’s blood was also found on Toledo’s left boot, according to reports.

    Toledo tossed the trunk mat and the boot in a dumpster in Seminole County, the reports state.

    Toledo has told Volusia County investigators that he struck Suarez in the throat and killed her during an argument, investigators say. But he told deputies someone else killed the children to eliminate them as witnesses.

    http://www.news-journalonline.com/ar...tter-from-jail
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Jailhouse letters: Luis Toledo writes of death penalty, sending 3 boxes


    In letters from jail, Luis Toledo, the Deltona man accused of killing his wife and her two children, writes that he would never hurt the kids and talks cryptically of sending three boxes to Texas, one large one and two small ones.

    The bodies of Yessenia Suarez, 28, and her two children, Thalia Otto, 9, and Michael Otto, 8, have never been found.

    In the letters released last week by the State Attorney’s Office after a request from The News-Journal, Toledo writes that if convicted he will most likely get the death penalty.

    Toledo is charged with second-degree murder in the mother’s slaying and two-counts of first-degree murder in the children’s killings. Toledo — at one time the No. 3 ranked Latin King gang member in the Florida — was arrested on Oct. 23, the day his Deltona family was reported missing.

    Traces of the little girl’s blood were found in the home’s master bathroom, on the trunk mat of her mother’s car and on Toledo’s left boot, according to reports. Toledo said he struck Suarez in the throat and killed her but that someone else killed the children, according to reports.

    Toledo uses blocky printing in the correspondence in which he writes he must be careful of what he says. He begins nearly every word with a capital letter and has occasional misspellings. He begins most letters expressing his hope and prayer that the recipient and their family is in the best health, body, mind and soul. He draws an occasional smiley face. In one letter he signifies kisses with X’s and O’s, but in another he writes “MuaaaaH.”

    In a letter dated May 2 and addressed to Juan and Karen Rivera in Deltona, Toledo switches into Spanish to write that he sent three boxes to Laredo, Texas.

    “I have a big surprise for the world. I have lots of friends that owe me favors. Between you and me, I sent three boxes to Laredo Texas. One large and two small. The large was already sent to Veracruz, Mexico and the two (others) are doing well. Now you know why I don’t care what they do with me because my things are well,” the letter states, translated from the Spanish.

    Assistant State Attorney Shannon Peters said prosecutors could not comment on any of the writings of Toledo, including the passage about the boxes. The Volusia County Sheriff’s Office also declined comment.

    Toledo also tells Rivera that he wishes he could tell him everything that happened that day and night but cannot because it could be used against him.

    “I Want You To Know That I Never Hurt Or Touched My Kids In Any Way & Never Could! I Love Those Kids More Than Anything & Still Love Them Till This Day.”

    He writes “…I Aint No Monster!”

    Toledo writes he was hurt by Suarez “Cheating On Me & Sleeping With That Moreno From Her Job.”

    “Moreno” is a Spanish term for someone of darker skin.

    Toledo writes to Rivera that it hurt him when Suarez “Stop Allowing Me To Hang Out With You Guys & How She Stoped (sic) Us From Going To Church All Because She Didn’t Like Certain People. But Look AT The End The Truth Came Out That She Was Doing Dirty & Sneaky Things Behind My Back!”

    Toledo had placed a program on Suarez’s phone to eavesdrop on her text messages. He discovered that she was having an affair with a coworker named Kevin Dredden at American K9 Detection Services. Toledo confronted Suarez at her workplace where he slapped her before driving off, a police report states.

    He finishes the letter with a P.S., telling Juan Rivera not to tell anyone that he wrote to him except a man named Jorge and another named Ivan and says he does not want Suarez’s family to speak ill of Rivera.

    Toledo also wrote a note to Suarez’s mother, Felicita Perez, in which he asks her for pictures.

    “Can You Please Send Me Some Pictures Of Yessenia & the Kids Thank You!! God Bless Semi.”

    Semi is Toledo’s nickname and it is also his Latin Kings name, King Semi.

    Perez wrote back in a letter dated April 25.

    “I don’t know how you have the nerve to ask me to send you pic. Tell me where are they and then I will send you all the pic you want,” Perez wrote.

    “Is good to hear that you still have the name of God in your mouth. If you want God to forgive you, confess your sin,” she wrote.

    In another letter Perez writes to Toledo: “I don’t know what was your reason of doing what you did, but I believe enough is enough as you can see you are not going to get away with it. The least you can do is, let me know where they are so I can bury them. If you did care of them a little in the past tell me where they are.”

    The letter contained a print-out dated Jan. 28 of a picture showing Toledo hugging Michael and Thalia and then handwritten beneath it: “Why did you kill us and our mom. When we love you like if you were our father.”

    Toledo also wrote a letter on April 24 to a New York woman named Carmen Aponte whom he referred to as his mother. But Toledo’s mother is deceased, according to a letter someone else wrote to him.

    Toledo begins the letter with “Hello Mom!” and wishes for her good health. He says he is sorry that it took him “Sooo Long” to respond but he doesn’t have money to buy writing materials, even though people say they are going to send him money but never do.

    “I Want You To Know That I Never Hurt Them In Any Way And Never Could You Know It’s Not In Me Ma,” Toledo writes.

    He tells her that any magazine she sends must come from the publisher and said he is allowed to have FHM and Maxium, apparently meaning Maxim.

    “If Gods Will That I Beat This Case Ma Im Gonna Take That Trip To N.Y.C. That I”ve Been Wanting To Take For Years. Im Facing The Death Penelty If I Am Found Guilty They Will Most Likely Give It To Me. I Always Felt That I Would Die Young Just Never Like This.”

    He tells her he is not afraid.

    I’m Not Scared Ma Of What May Happen To Me. I Pray For The Best But Am Pre-Paired For The Worst. Either Way I Am Ready. Their Is Nothing But Pain & Suffering In This World. So I Know That With God I Will Be Better!”

    Carmen Aponte writes back in a March 4 letter which she begins “God bless you son” and also writes that her daughter misses Toledo and that her son, Kash, used to play with Toledo when Toledo was just a baby with a big smile. She ends the letter “God bless you son, Carmen.”

    To an Iris Vera in Temecula, Calif., he thanks her “for having my back,” and tells her “I Will Need All The Outside Support That I Can Get When My Trial Get’s To That Point.”

    He tells her he wishes he had moved to California a long time ago. He tells Vera that if he goes home he will sell his house and move anywhere but Florida.

    “I’ve Had Nothing But Bad Luck Since We moved To Florida. I’ve Been Stuck In There System Since I Was 14.”

    http://www.news-journalonline.com/ar...1040?p=1&tc=pg
    Last edited by Helen; 05-27-2014 at 07:53 AM.
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    No trial date set for Volusia County man accused of killing wife, 2 kids

    A judge granted a continuance on Tuesday in the trial for the man accused of killing his wife and her two children.

    Luis Toledo is accused of killing Yessenia Suarez and her kids in October 2013, but their bodies were never found.

    Suarez and her two children vanished four months ago after Toledo and Suarez had an argument at her work.

    Prosecutors say Toledo admitted to killing his wife, but said he had nothing to do with the deaths of her kids, Thalia and Michael Otto.

    Toledo's attorney asked for the continuance on Tuesday because the defense won't be ready for a trial this year.

    Toledo faces the death penalty if convicted on first-degree murder charges. He also faces charges of tampering with evidence after deputies reported finding traces of what appeared to be blood in Toledo's home and noticed it had been thoroughly cleaned.

    Toledo has pleaded not guilty.

    http://www.clickorlando.com/news/pre...-kids/26529134
    An uninformed opponent is a dangerous opponent.

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    Luis Toledo’s attorney calls judge bias complaint ‘nonsense’

    DELAND — The attorney for the Deltona man accused of killing his ex-wife and her two children said his client’s complaint that the judge on his case is biased due to her marriage to a retired sheriff’s captain is “nonsense.”

    Luis Toledo, 32, a former member of the Latin Kings street gang, smiled at a female relative seated in a courtroom audience Tuesday as he was brought in wearing shackles and an orange jail jumpsuit.

    Toledo’s attorney Jeffrey Deen said they won’t be ready for trial until next year on charges of second-degree murder in the killing of his wife, Yessenia Suarez, 28, and two counts of first-degree murder in the slayings of Suarez’s children,

    Thalia Otto, 9, and Michael Otto, 8. They were reported missing on Oct. 23 and their bodies have not been found.

    While Deen declined to discuss a letter Toledo wrote saying he had sent three boxes out of Florida, he did address the complaint about the judge.

    Toledo wrote in a response dated May 3 to a website called Volusia Exposed that he would seek the recusal of Circuit Judge Margaret Hudson because she is married to Dave Hudson, a former sheriff’s captain who retired in 2005.

    “Thank You Very Much For This Vital Conflict Of Interest And Will Place A Motion To Remove Her From My Case!” Toledo wrote.

    But Deen said during a press conference after a pretrial hearing on Tuesday at the Volusia County Courthouse in DeLand that he was not doing anything to try to remove the judge. Deen said he had talked about it with Toledo and told him there was no merit to the issue.

    “I think it’s nonsense,” Deen said. “We had a discussion about it and nothing like that is going on.”

    Toledo wrote the letter in response to the one he received from Volusia Exposed about the alleged conflict due to the judge’s marriage. The Volusia County Sheriff’s Office investigated Toledo, but the agency said the retired captain played no role in the case.

    Toledo also sent a letter dated May 2 to a Juan and Karen Rivera in Deltona in which he wrote cryptically in Spanish about sending three boxes to Laredo, Texas.

    “I have a big surprise for the world. I have lots of friends that owe me favors. Between you and me, I sent three boxes to Laredo Texas. One large and two small. The large was already sent to Veracruz, Mexico and the two (others) are doing well. Now you know why I don’t care what they do with me because my things are well,” the letter states, translated from the Spanish.

    Deen declined to discuss the letter about the boxes, “I’m not talking about that.”

    The State Attorney’s Office and the Volusia County Sheriff’s Office have also declined to discuss Toledo’s writings about the three boxes.

    Hudson on Tuesday set Toledo’s next pretrial hearing for Sept. 16.

    Deen said that he had done one round of depositions and was scheduling more. He said he had received the majority of discovery. But he doubted the trial could be held in 2014.

    “I don’t think we are going to be ready this year,” Deen said.

    Assistant State Attorney Ed Davis did not object to Deen’s request for a continuance.

    Hudson also asked Toledo whether he objected to a continuance and he said he didn’t.

    http://www.news-journalonline.com/ar...9495?p=1&tc=pg
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Luis Toledo attorneys subpoena unedited TV interview

    By Frank Fernandez
    The Daytona Beach News-Journal

    The attorney for the man accused of killing his wife and her two children has subpoenaed WESH television for its unedited interview of a former prosecutor who called murder suspect Luis Toledo to testify against a fellow Latin King gang leader.

    WESH is fighting the subpoena for the “unedited portions or the unedited interview” by reporter Claire Metz of former statewide prosecutor Anne Wedge-McMillen.

    Toledo’s attorney, Jeffrey Deen, has suggested that information from the interview could be particularly relevant during the penalty phase of the trial if Toledo is convicted, according to the motion filed by an attorney representing WESH 2 News seeking to quash the subpoena. A hearing on the motion is set for Oct. 20 before Circuit Judge Margaret Hudson in DeLand.

    Toledo is charged with one count of second-degree murder in the slaying of his wife, Yessenia Suarez, 28, and two counts of first-degree murder in the killings of her children, Thalia Otto, 9, and Michael Otto, 8. If Toledo is convicted of first-degree murder, the trial would move into a penalty phase during which prosecutors would try to convince jurors to recommend that Toledo be put to death. The defense would argue there are mitigating factors to support a sentence of life without parole.

    Suarez and her two children were reported missing Oct. 23, a day after Toledo slapped Suarez at her workplace during a confrontation over an affair she was having with a coworker, according to police reports. The bodies of the children and their mother have not been found.

    After his arrest, Toledo asked to speak to Wedge-McMillen, who at the time was putting in her last week as an assistant statewide prosecutor and is now a criminal defense attorney with the Umansky Law Firm in Orlando. Wedge-McMillen said Toledo was one of the Latin Kings gang members she called to testify against Jose Perez, aka “King Goofy,” who from 2008 to 2010 was the “Inca” or leader of Florida’s Latin Kings.

    The WESH motion states the defendant has said he intends to depose Wedge-McMillen but has not done so. The defendant has also said he should have the unpublished portions of the interview before the deposition because Wedge-McMillen may not remember what she said in those parts, the motion states.

    WESH argues that Toledo can just talk to Wedge-McMillen about her conversation with him and about her interview with WESH. The motion states that Wedge-McMillen has also spoken to The Daytona Beach News-Journal about her conversation with Toledo.

    WESH has provided Toledo a copy of the Metz news reports about her interview with Wedge-McMillen “as a courtesy,” according to the motion from Judith Mercier, an attorney representing Orlando Hearst Television.

    WESH’s attorney talked to Toledo’s attorney Deen about the subpoena, according to Mercier’s motion.

    “However, Mr. Deen was unwilling to resolve the Subpoena without litigation. Consequently WESH now moves to quash the Subpoena,” the motion states.

    WESH is arguing that Toledo’s motion should be quashed due to Florida’s journalist privilege, which provides reporters the privilege not to be witnesses or disclose information collected while gathering news, the motion states.

    Toledo has not provided any arguments that would overcome the privilege. Toledo has not shown the relevance of the unedited interview. The news reports relate to Wedge-McMillen’s conversation with Toledo at the jail and “not to any personal knowledge she has of the alleged crimes,” the motion states.

    Also, Toledo has not shown and cannot show that he could not get the information from another source, the motion states.

    Toledo also fails to show the information has a “compelling interest” by “going ‘to the heart of the case’ ” or that it is “highly relevant, necessary to the proper presentation of the case and unavailable from other sources,” the motion states.

    “It is difficult to conceive of any way the newsgathering material in this case” could go “to the heart” of establishing Toledo’s innocence, the motion states.

    Deen also did not have the authority to issue the subpoena without a court order, Mercier argued on behalf of WESH.

    http://www.news-journalonline.com/ar...9835?p=3&tc=pg
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
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    Jail letter: Father of missing Deltona mother asks to marry accused killer’s sister

    By Frank Fernandez
    The Daytona Beach News-Journal

    The biological father of Yessenia Suarez has apparently asked the man accused of killing his daughter for permission to marry the accused killer’s sister, according to a letter provided by the State Attorney’s Office.

    The letter is from a man named Emilio A. Suarez, the same name as Yessenia Suarez’s biological father.

    Luis Toledo, 32, is charged with one count of second-degree murder in the slaying of his wife, Yessenia Suarez, 28, and two counts of first-degree murder in the killings of her children, Thalia Otto, 9, and Michael Elijah Otto, 8. They were reported missing Oct. 23, 2013, and their bodies have not been found.

    Toledo, a former high-ranking member of the Latin Kings gang, faces the death penalty in the children’s slaying.

    Emilio Suarez asked Toledo in a letter dated July 23 — released Friday after a Daytona Beach News-Journal public records request — for his blessings in his courtship of Toledo’s sister, who the letter identifies as “Millie.”

    However, Friday night, Millie’s daughter told The News-Journal that Millie has no relationship with Suarez.

    Suarez refers to Toledo as “son” in the letter, which has frequent misspellings.

    “… when I ask you for yor permition to date an problably marriet your sister. An that will be after we see if we match + we get alone perfectly good I will do anything possible to make her Happy and I hope she do the same for me. Well son enogh of loves stories. L.O.L.”

    The letter was sent from an address in Tampa to the Volusia County Branch Jail where Toledo is being held without bail. Toledo has a pre-trial hearing set for Sept. 16 and a tentative trial date of Oct. 13.

    In another part of the letter, Emilio Suarez tells Toledo not to worry about Yessenia Suarez’s family’s reaction to his falling in love with Toledo’s sister.

    “I know you will say what About my Family well, that’s something that I will have to deal with that,” Emilio Suarez writes.

    Efforts to reach Suarez were unsuccessful.

    Millie could not be reached Friday. However, Millie’s daughter, Angelica Ruiz, called The News-Journal on Friday night. She said Emilio Suarez has been sending text messages to her 45-year-old mother, Ada Ruiz, and asking a cousin of Toledo’s to get the two together. But Angelica Ruiz said her mother has no interest in Emilio Suarez and the situation is stressing her mother out.

    “He’s making it seem like him and my mom are in a relationship when they are not,” Angelica Ruiz said. “He doesn’t even know my mom. My mom has never even met him. My mom doesn’t even talk to that guy. ”

    Suarez asks Toledo in the letter to “let me bury them” and writes that the family wants to put flowers on graves during special occasions, such as Christmas, Mother’s Day and birthdays. Suarez, in the letter, says he wouldn’t tell anyone that Toledo told him.

    “I want the best for you. You know that, and I always will be there for you. cus you know I have Jesus in my Hart. And since Day one I told you I forgive you. Right remember. Did I ever screem at you or curs you out. never.”

    Emilio Suarez thanks Toledo for saying good things about him to Millie.

    Yessenia Suarez’s stepfather, Ruben Perez, said he had not heard of the letter.

    “That’s a shock right now,” Ruben Perez said when told of the letter.

    “I really, really have no clue,” Perez said. “You just pulled the rug out from under me.”

    Perez said he had not met Millie or any of Toledo’s family.

    Emilio Suarez wrote that if he goes to a court hearing for Toledo, he will not sit next to Yessenia Suarez’s mother, Felicita Perez.

    “If I ever go to one of your court dates I will never sit next to Felicita you will see me Alone w-Jon - or Emily. I will never say nothing ever even if the call me to say something against you.”

    He can sit wherever he wants, said Yessenia Suarez’s mother, Felicita Perez, when told about the letter.

    “If he doesn’t want to sit next to me, he doesn’t have to sit next to me,” Felicita Perez said. “That’s a good thing, I guess.”

    Felicita Perez said she doesn’t stay in contact with her ex-husband.

    “I didn’t know nothing about this letter,” Felicita Perez said. “I’m shocked by it. I’m surprised. Wow.”

    She said she is concentrating on finding her loved ones and not her ex-husband’s life.

    “My focus now is to find my daughter and my grandkids,” she said. “Whatever he does with his life, I have no control over that.”

    To that end, Felicita Perez also sent a letter to Toledo. In the letter dated July 21, she wrote that Toledo had promised not to harm her daughter and grandchildren the day before they were reported missing. Investigators would later find traces of the girl’s blood in the house, as well as on the trunk mat of Yessenia Suarez’s Honda Accord and on Toledo’s left boot.

    “When you came to my house and we had a talk with Yessie, … you promise me you will never hurt them, that you didn’t want to go to prison again,” Felicita wrote. “I believe your word so did my daughter Yessie. Why did you do this to Yessie, Thalia + Elijah. Please tell me where you put them it being 9 month.

    “If you want God to forgive you; you need to confess + repent from you sins. So therefore God will not forgive you until you confess.”

    The State Attorney’s Office did not have any outgoing letter from Toledo, so apparently he has not responded to Suarez’s letter.

    http://www.news-journalonline.com/ar...9681?p=1&tc=pg

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