Murder-for-hire middleman makes last-minute decision to abandon killer's testimony

SARASOTA, Fla. (FOX 13) - He's responsible for one of the worst crimes in Sarasota County’s history.

Jose Del Toro murdered Sheila Bellush - a mother of six, including baby quadruplets.

He was supposed to testify in court Friday, but that never happened.

Instead, he remained in a holding cell, out of sight, as the man convicted of asking Del Toro to murder Bellush faced a judge.

"Mr. Del Toro is now present in a holding cell in this building," announced Judge Hunter Carroll. 

But before Jose Del Toro could enter the room, Daniel Rocha's attorney surprised the courtroom and stopped the hearing. 

"We will be resting our case," said attorney Peter Carroll. 

"You understand sir that if you do not call mister Del Toro you won’t meet your burden of proof?" asked Judge Carroll. 

Rocha responded, "Yes sir.” 

Del Toro was brought to Sarasota County because Rocha and his attorney asked for his testimony. Two weeks ago, Carroll argued the court should throw out his client's life sentence, saying new evidence shows Rocha didn't expect Del Toro to kill Bellush. Friday's hearing was arranged to question Del Toro about the matter.

At the last minute, Rocha decided against it. 

Rocha and Del Toro are serving life sentences in the murder-for-hire of Sheila Bellush. 

In 1997, Bellush was at home caring for her baby quadruplets when Del Toro sneaked in and killed her. 
Del Toro was a hit man, sent by Bellush's ex-husband in Texas. Rocha was the middle man who connected the two.

Rocha thought newly-discovered evidence, which he said showed he only thought Del Toro was going to beat up Bellush - not kill her, could be the key to a new trial and ultimately his freedom. 

"It's a little heavy information. I’m not sure if time will change it or not," said Rocha. 

Judge Hunter Carroll spoke back, "We brought Mr. Del Toro at great expense to the taxpayers of Sarasota County.” 

Transporting Del Toro from his prison cell 500 miles away was a costly, high-security operation. It's not known what he would have said, but Assistant State Attorney Art Jackman said it wouldn't have helped either way. 

"That crime was procured by Mr. Rocha. Therefore he would have been guilty," said Jackman. 

Jackman spent countless hours getting ready for the case and going over 22 boxes of evidence. 

"We were very confident that we would prevail if Mr. Del Toro testified," he said. 

Judge Hunter Carroll denied Rocha's motion. For Sheila Bellush's family, it's a temporary moment of relief. 

"Mr. Bellush was very concerned that Mr. Rocha might be able to escape punishment that he so justly deserves...The family has to relive this over and over again. The bandaid gets torn off over and over again," said Assistant State Attorney Karen Fraivillig.