Judge denies defense’s motion to delay Aiden Fucci’s murder trial

ST. AUGUSTINE, Fla. – Circuit Judge Lee Smith on Wednesday denied a motion filed earlier in the day by the lawyer representing Aiden Fucci, the teen accused of killing Tristyn Bailey, asking for a continuance of his murder trial and saying she is appealing the judge’s order for a six-member jury to the Fifth District Court of Appeal.

Fucci’s lawyer argued the issue is going to be taken up by the Fifth DCA, so the stay should be granted.

The state noted the Fifth DCA did not issue what’s called a “show cause” order, which would have halted the trial.

The defense lawyer acknowledged it was a mistake by her not to file that writ as an emergency. She still can.

The judge said that for the Fifth DCA to accept the writ as an emergency, it would have to certify a conflict with existing law. That would land the argument before the Florida Supreme Court, which would mean an extensive delay in the trial. The judge said was unacceptable.

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Smith wants proposed jury instructions submitted by 5 p.m. Friday.

The motion for continuance was filed Wednesday morning — just hours before what was set to be Fucci’s final court hearing before the trial, which was scheduled to begin Monday with jury selection.

Fucci, now 16, is charged with first-degree murder in the death of Bailey, his 13-year-old schoolmate. She was found stabbed to death on Mother’s Day 2021 in Durbin Crossing, less than a half-mile from Fucci’s home in the neighborhood where Bailey also lived. Fucci was arrested in the early morning hours of the next day.

Fucci is being tried as an adult, although he was 14 at the time of his arrest. If convicted, he could spend the rest of his life in prison. As a juvenile when the offense occurred, he is not eligible for the death penalty. He’s been in the Duval County jail because St. Johns County’s jail does not have a juvenile wing.