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The penalty phase continues Thursday in the murder trial of Florida man Luis Toledo. Jurors found him guilty Friday in the second-degree murder of his wife Yessenia Suarez, and the first-degree murders of her 8-year-old son Michael Otto, and her 9-year-old daughter Thalia Otto. He was also convicted for tampering with physical evidence because he successfully hid the bodies. Court is scheduled to start at 9 a.m. EST.
Jurors have two choices: send Toledo to prison for life without parole, or send him to be executed. Prosecutors proved Toledo killed Suarez at their home early Oct. 23, 2013 over her affair with a male coworker, then he murdered the children to eliminate witnesses. In interview footage, he told authorities he killed Yessenia by karate chopping her in the neck after she attacked him. He blamed a neighbor for murdering the Otto siblings. Clearly, jurors did not believe this story.
The bodies have never been found.
Jurors must agree unanimously to a death sentence, or else Toledo will serve life. That means they must agree that at least one aggravating factor exists. Assistant State Attorney Ryan Will gave them those factors in his opening statement on Wednesday:
#LuisToledo – Aggravators, 5 for children, 10 in total:
1. Victim was under 12
2. Victim was particularly vulnerable— LawNewz Network (@LawNewzNetwork) November 1, 2017
#LuisToledo – Aggravators,10 in total:
3. Murders were committed to avoid arrest or prevent arrest.
4. Cold, calculated, premediated manner— LawNewz Network (@LawNewzNetwork) November 1, 2017
#LuisToledo – Aggravators,10 in total:
5. The defendant was convicted of a felony involving the use of threat or violence to another person.— LawNewz Network (@LawNewzNetwork) November 1, 2017
The state tried to show Toledo had a clear history of violence. Witness Eric Praolini testified that Toledo and two men violently robbed him in 1999. Prosecutors also brought forth the children’s grandmother, Felicita Perez, and father, Michael Otto, for victim impact statements.
The defense brought psychologist Eric Mings to the stand. He said Toledo suffered from brain-related issues since the age of 3, attempted suicide, and has anti-social personality disorder.
Stay with LawNewz.com and the LawNewz Network for continuing coverage of the trial.
