FL FL - Yessinia Suarez, 28, & 2 children, Deltona, 22 Oct 2013 #1 *L. Toledo guilty*

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Texas Equusearch joins search for Yessenia Suarez and children

DELTONA, Fla. (WOFL FOX 35 ORLANDO) -
Texas Equusearch founder Tim Miller arrived in Deltona Friday night with twelve volunteers to assist law enforcement in their search for the bodies of 28-year-old Yessenia Suarez and her children, 8-year-old Michael Otto and 9-year-old Thalia Otto.

Read more: http://www.myfoxorlando.com/story/2...or-yessenia-suarez-and-children#ixzz2kGPxvNpK
 
  • #303
Also from that link...

The church's pastor said 31-year-old Luis Toledo, Suarez's husband and the prime suspect in her murder, wanted to speak to him and had asked law enforcement if a meeting could be arranged. Law enforcement would not allow it, because whatever Toledo told the pastor could be considered privileged information. The pastor told us he desperately hopes that will change, so he can help give the family closure.

Read more: http://www.myfoxorlando.com/story/2...or-yessenia-suarez-and-children#ixzz2kGSfbFBy
 
  • #304
Kamille said:
Well it appears according to his lawyer that didn't exactly happen either. That's what should have happened. I believe the lawyer is saying that VCSO did not arrest him in their jurisdiction, they held him for Lake Mary LE to arrive and then allowed them to arrest him, outside their jurisdiction. Which is not the way it's supposed to be done according to the public defender. They have no authority outside their jurisdiction to be arresting anyone. VSCO should have been the arresting agency since he was in their jurisdiction when the charge was laid. They then should have turned him over to Lake Mary LE. And as you've pointed out What'sThatClue, the charge was for battery from a previous incident in Lake Mary. His original arrest had nothing to do with his wife and children being missing.

So the public defender is saying that VCSO should not have had him in custody and therefore his interrogation and statements should not be allowed in as evidence. It will be interesting to see how that plays out.

MOO
Click to expand...

If this is a matter of which county had precedence for warrants, then wherever the murder took place is the county that he would have to be held at. If VCSO arrested him for a lesser crime and found that he had a warrant for murder, then they had no choice but to hand him over to Lake Mary. Murder takes precedence over lesser crimes. I'm guessing, but I assume they did not make a formal arrest until after he was taken back to Lake Mary, it was just a matter of transferring custody from one county to the other. If this is the way it went down, that lawyer is full of baloney.

However, if he made a statement to VCSO regarding the murder, and they gave that statement to Lake Mary, then I'm not sure whether that will be admissible or not. I'm not a lawyer but I do know that transferring custody from one county to another is done all the time, and perfectly legal. My son did a lot of transports of prisoners back years ago, and sometimes to other states. He told me once that it is more or less an informal arrest when they meet to transfer custody of the prisoner. There are papers to be signed by both counties/jurisdictions.

I would have to think that these two LE agencies were well aware of the boundaries and did not knowingly do anything illegal.
 
  • #305
TxLady2 said:
If this is a matter of which county had precedence for warrants, then wherever the murder took place is the county that he would have to be held at. If VCSO arrested him for a lesser crime and found that he had a warrant for murder, then they had no choice but to hand him over to Lake Mary. Murder takes precedence over lesser crimes. I'm guessing, but I assume they did not make a formal arrest until after he was taken back to Lake Mary, it was just a matter of transferring custody from one county to the other. If this is the way it went down, that lawyer is full of baloney.

However, if he made a statement to VCSO regarding the murder, and they gave that statement to Lake Mary, then I'm not sure whether that will be admissible or not. I'm not a lawyer but I do know that transferring custody from one county to another is done all the time, and perfectly legal. My son did a lot of transports of prisoners back years ago, and sometimes to other states. He told me once that it is more or less an informal arrest when they meet to transfer custody of the prisoner. There are papers to be signed by both counties/jurisdictions.

I would have to think that these two LE agencies were well aware of the boundaries and did not knowingly do anything illegal.
Click to expand...

The murder took place in Volusia but no one knew this at the time of his arrest for there was no murder warrant. The assault took place in Lake Mary. The arrest in Volusia was done by Lake Mary LE, on the assault only, who had no jurisdiction to make the arrest at his home. He was then transferred to Volusia county jail where he was questioned regarding the missing family by Volusia LE. There were no charges or arrests by Volusia county when he was taken there. He confessed to killing Yessenia in the Volusia county jail while been under arrest by Lake Mary LE outside their jurisdiction.

According to the public defender, he should have been arrested by Volusia County LE on the outstanding warrant for the assault charge in Lake Mary and then transferred to them. Because he was located in Volusia's jurisdiction. He should have been in the custody of Lake Mary LE when he was questioned regarding the missing family because they were the ones who had the only arrest warrant on him. They shouldn't have transferred custody of him to Volusia because at the time Volusia had no arrest warrant on him. Just wanted to speak with him regarding the missing family.

At least that's the way the public defender seems to have explained it.

MOO
 
  • #306
Kamille said:
Biological father of missing Deltona children talks to WFTV


As Texas Equusearch joined the search for the bodies of a missing Deltona mother and her children, the biological father of Michael and Thalia Otto discussed the case with WFTV.

"Those are my kids that I brought into this world and he took them from me," Michael Otto said

Video at link...

http://www.wftv.com/news/news/local/texas-equusearch-joins-search-missing-mom-children/nbnSN/

ETA: Video tough to watch. Here's the direct link... http://www.wftv.com/videos/news/raw-interview-with-father-of-missing-children/vCHwb3/
Click to expand...

Heartbreaking.
 
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had a phone call with volusia sheriff today . he returned my call.i asked about search and he said they cut back and need no help at this time. asked about tim miller and he said same .he said not sure about equasearch but he said they also are not asking for help at this time. i said i could help at command post pass out water . not sure i could do search. i asked about church and he said he thinks family meets there daily. i called a tel number for news and asked about same. i feel they know she may not be able to be recovered. with casey they searched for year. why end this so fast and not much exposure on programs like nancy grace that i know of. i am local and i gave a tip suggestion of areas i know are very wooded and have sand gravel. they searched the fair and i was there opening day but i saw no search teams. where did they hide the sheriff teams? across from fair grounds is a waste dump. how about there? i told them i saw a man near woods oct 29 could mean nothing . gave street area. man was walking blocks on cell phone near woods.saw him sit on street and talk on phone. could be nothing but i gave area. deer always come out at night there and i crawl at a slow pace with car. had to honk horn twice at night so deer moved. theres woods and water and power lines on that street with sand gravel and if you went in there your car would get stuck. i see kids or adults on 3 wheelers in past there. i got more interested after seeing youtube of dad crying, omg - heartbreaking. told sherrif to tell family of websleuths and sent message on kids facebook find page but no reply. prayers. they need to let helpers know so we can help family if someone wants to. that killer man is now wanting his pastor. hope he can not talk to him. we do not need a legal issue of mess if he says something the police do not know. let him talk to god !! he knows what he did . the area that is wooded - water and power lines. area is captain street in deltona. off lake helen osteen rd. its a street thats very very wooded and has water and thick . power lines on that street. we were going to buy a lot there years back but its so thick with woods it would have been a cost to clear land. its still for sale on some parts of the street.
 
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littlemisslegal said:
had a phone call with volusia sheriff today . he returned my call.i asked about search and he said they cut back and need no help at this time. asked about tim miller and he said same .he said not sure about equasearch but he said they also are not asking for help at this time. i said i could help at command post pass out water . not sure i could do search. i asked about church and he said he thinks family meets there daily. i called a tel number for news and asked about same. i feel they know she may not be able to be recovered. with casey they searched for year. why end this so fast and not much exposure on programs like nancy grace that i know of. i am local and i gave a tip suggestion of areas i know are very wooded and have sand gravel. they searched the fair and i was there opening day but i saw no search teams. where did they hide the sheriff teams? across from fair grounds is a waste dump. how about there? i told them i saw a man near woods oct 29 could mean nothing . gave street area. man was walking blocks on cell phone near woods.saw him sit on street and talk on phone. could be nothing but i gave area. deer always come out at night there and i crawl at a slow pace with car. had to honk horn twice at night so deer moved. theres woods and water and power lines on that street with sand gravel and if you went in there your car would get stuck. i see kids or adults on 3 wheelers in past there. i got more interested after seeing youtube of dad crying, omg - heartbreaking. told sherrif to tell family of websleuths and sent message on kids facebook find page but no reply. prayers. they need to let helpers know so we can help family if someone wants to. that killer man is now wanting his pastor. hope he can not talk to him. we do not need a legal issue of mess if he says something the police do not know. let him talk to god !! he knows what he did . the area that is wooded - water and power lines. area is captain street in deltona. off lake helen osteen rd. its a street thats very very wooded and has water and thick . power lines on that street. we were going to buy a lot there years back but its so thick with woods it would have been a cost to clear land. its still for sale on some parts of the street.
Click to expand...

I read TES had moved to the Family's church.
http://touch.orlandosentinel.com/#section/-1/article/p2p-78130932/
 
  • #313
Sparky said:
I read TES had moved to the Family's church.
http://touch.orlandosentinel.com/#section/-1/article/p2p-78130932/
Click to expand...

Yes, they did. But news reports don't give a time they're there. Unless there's someone there all day.

Before TES came in, the family searchers met at the church but sone days there would be a tine given and other days the time wasn't announced, so you couldn't just go to the church any time during the day because when they left to search, no one stayed there to direct latecomers. I hope it's different with TES.
 
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Is he going to ask the pastor for forgiveness because he thinks he may go to he11?
 
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cuffem said:
Is he going to ask the pastor for forgiveness because he thinks he may go to he11?
Click to expand...

I bet that is exactly what he wants to do.

LE, if you are listening, here is the new plan. Tell him you can only let him talk to the jail/prison's pastor and not his personal pastor. Then, bring in a detective who poses as a pastor and let him spill his guts. Be sure to have the pretend pastor tell him that in order to be forgiven, he must confess with his mouth exactly what he did (where he dumped them).

Then, since the detective is really not a pastor, the info is not privelged.

Can this plan work?
 
  • #320
Hatfield said:
I bet that is exactly what he wants to do.

LE, if you are listening, here is the new plan. Tell him you can only let him talk to the jail/prison's pastor and not his personal pastor. Then, bring in a detective who poses as a pastor and let him spill his guts. Be sure to have the pretend pastor tell him that in order to be forgiven, he must confess with his mouth exactly what he did (where he dumped them).

Then, since the detective is really not a pastor, the info is not privelged.

Can this plan work?
Click to expand...

I believe the privilege exists as long as the person confessing reasonably believes the person he is confessing to is clergy. So under your scenario, whatever is said would be considered privileged.

I hope this family is found real soon.
 
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