Hearings in Luis Toledo case resume

VOLUSIA COUNTY, Fla. (WOFL FOX 35) - Michael Otto watched Friday afternoon as the man accused of murdering his two children walked into court. He was somewhat relieved the case is finally moving forward.

"I'm not sure what relief, but it's good feeling to finally have a date," he explained. "I just want justice for my children"

Toledo is accused of killing his wife, Yessenia Suarez, and her two children from a previous relationship with Otto, Michael Otto, 8, and Thalia Otto, 9.  All three disappeared in 2013.

The case, which could potentially involve the death penalty, was on hold for almost a year after the United States Supreme Court found Florida's death penalty sentencing to be unconstitutional.

Weeks ago, the state's legislators changed the law to comply. The judge in this case set Friday's hearing.

Toledo's attorneys argue the case isn't settled. When asked which motions his team are going to file, attorney Michael Nielsen said, "Motions relating to the new death penalty statute," he would not elaborate further on what he meant.  

Otto said he just wants the case to be heard.

"I'm just ready for it to start," he explained.

The judge said jury selection begins October 2. Court officials said the case will be heard in St. Augustine, because of all of the media coverage on this case in Central Florida.