A Volusia County judge on Monday denied a motion to delay the beginning of the trial for a man accused of killing his wife and her two children.

Luis Toledo is charged with second-degree murder in the death of his wife, Yessenia Suarez, and two counts of first-degree murder in the deaths of her children, 8-year-old Michael Otto and 9-year-old Thalia Otto.

During a hearing Monday, Toledo's lawyers asked judge Margaret Hudson to delay the start of the trial while the US Supreme Court sorts out a case over the state's death penalty.

Hudson said the trial will continue to move forward. Toledo's lawyers could appeal the judge's decision with the Fifth District Court of Appeal.

The three victims have been missing since 2013. Their bodies still haven't been recovered.

Following the Monday hearing, Felicia Perez, Yessenia Suarez's mother said she was grateful the judge will let the trial move forward but she still has one question that remains unanswered.

"Where's my family?" she said. "He's the only one that knows. If he wants this to finsih, tell us where they're at. If he wanted to negotiate, whatever he wants do do, but all I want is my family."

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