The family of a slain Deltona mother and her two children are reaching out to legislators to resolve the issue of a death penalty sentencing procedure that will comply with a recent Supreme Court ruling.
The petition was sent as lawyers for Luis Toledo and the state attorney's office try to agree on a trial date.
Felicia Perez, Yessenia Suarez's mother, sat in court Friday waiting to hear if a new trial date in the case against Toledo would be issued.
Toledo is accused of killing Yessenia and her two children in 2013.
The bodies of all three have never been found.
The trial was set to begin this month, but was continued after a U.S. Supreme Court ruling struck down Florida's death penalty sentencing procedure, ruling it unconstitutional.
News 13 has learned Perez's family sent the petition to legislators asking them to approve a bill that would comply with the high court's ruling.
Friday's hearing was initially meant to listen to Toledo's petition for a speedy trial regardless of legislative action.
"On Mr. Toledo's behalf, we filed a motion for a speedy trial and we withdrew it," said Toledo’s attorney Jeff Deen.
But Deen declined to comment on why the motion was withdrawn.
However, Toledo told Judge Raul Zambrano it was his decision.
Moments later, Toledo was admonished for his behavior before the hearing even began.
"This morning, the deputies informed me that Mr. Toledo refused to be transported to the courthouse. I want you to address these issues with him. I ordered the deputies to bring him here forcefully," said Judge Raul Zambrano
Judge Zambrano explained it was crucial for Toledo to be present at a hearing which could lead to a death penalty trial when legislators pass new legislation designed to comply with the Supreme Court ruling, one Yesenia's family is hoping for.
The next hearing is set for Feb. 29.
Both sides hope legislation addressing death penalty procedures is in place by then.
At that point, a trial date could be set.
The bodies of Yessenia Suarez and her 2 children, 8-year-old Michael Otto and 9-year-old Thalia Otto, have not been found.