Luis Toledo's defense team Thursday argued a motion they filed.
Toledo's defense wants to be able to go inside the alleged crime scene, the home where investigators say Toledo killed his wife Yessenia Suarez and her two children Thalia and Michael.
In court FOX 35 learned they wanted to get this on the record because the home is now in foreclosure.
The judge looked the foreclosure case up and said the home is technically still in Yessenia Suarez's name and that the defense and the state could go in and do what they needed to prepare for trial.
The previous judge presiding over the case scheduled this 1st-degree murder death penalty case to start Sept. 8. Toledo's defense team said Thursday now that there is a new judge, they're not sold on that trial date.
The judge made it clear that for now, he is.
Suarez's mother sat in on today's hearing. She said she does not want any more delays.
"I hope they get it through by the end of this year. I just want all of this to be over so we can continue. It's not going to be the same but I know that we need to move forward with hope. Always have hope and I'm going to keep hope no matter what," Felicita Suarez said.
Several pre-trial motion hearings are set for later this summer.
Felicita Suarez says she'll be at each one.