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Aiden Fucci’s attorney released a series of new documents for the judge to consider before the sentencing hearing starts Tuesday.
ST. JOHNS COUNTY, Fla. — When Aiden Fucci — a St.Johns County teenager who admitted to killing his classmate — steps into the courtroom next week to be sentenced, some of his recent history may not go with him.
In several new court documents filed Friday, Fucci’s attorney asks for his client’s “bad acts” to be thrown out of the murder case.
Last month, Fucci pleaded guilty to killing Tristyn Bailey on Mother’s Day 2021.
Her body was found in the woods close to their Durbin Creek neighborhood.
Prior to being arrested for Bailey’s death in May 2021, Fucci did not have any criminal history of arrests or convictions, but he did have some problems at school, according to court documents.
Fucci’s Attorney, Rosemarie Peoples, is asking the judge not to consider any of those in the case, stating that the state law doesn’t allow prior bad conduct without convictions to be considered.
His attorney uses a similar argument for Fucci’s recent history of bad behavior in jail. Records state Fucci has been extorting and threatening other inmates.
Another inmate told jail officials Fucci threatened to stab him.
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Peoples points out the State prosecutor has lined up several witnesses from the jail to testify, but she’s pushing for those witnesses to not be included.
She referenced a state law saying those can’t be considered in his case without a conviction.
Juvenile Justice legal expert Shannon Schott says the judge will ultimately know what he’s legally allowed to consider in sentencing.
“Really, the things they’re trying to keep out are supposed to be considered by the court,” said Schott. “Certainly, I understand the concerns of the defense, but I think the court has to consider these things in his sentence.”
Peoples is also trying to ban a psychologist’s testimony. She claims that the psychologist has only looked at statements and documents, but hasn’t done a one-on-one medical examination of Fucci.
Schott says it’s important to include an expert analysis from a pyschologist so the court can lay the groundwork for Fucci’s inevitable case review in 10 years.
“Whether that’s mental health that mitigates the situation or somehow explains away his current mental state, so that when it’s compared to him in 10, 20 years, it could establish something positive for Aiden Fucci in the future,” said Schott.
It’s up to the judge to respond to these requests.
