ST. JOHNS COUNTY, Fla. – Aiden Fucci, the teen accused of killing 13-year-old Tristyn Bailey, was back in court Tuesday morning for a pretrial hearing.
Fucci’s trial is scheduled to start in February after a judge announced in August that he is giving Fucci’s defense team more time to prepare for the trial, and the judge said Tuesday that the exact start date could be announced next month.
On Dec. 2, there will be a status hearing for Fucci. His trial period could be released by then.
Fucci, now 15, is charged with first-degree murder in the death of Bailey, his schoolmate. She was found stabbed to death on Mother’s Day last year in Durbin Crossing, less than a half-mile from Fucci’s home in the St. Johns County neighborhood where Bailey also lived. He was arrested in the early morning hours the next day. Home surveillance videos show the two teens walking through the neighborhood and then only Fucci returning home.
TIMELINE: The investigation into Tristyn Bailey’s disappearance and death
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.
News4JAX asked Lauren Prater, attorney and owner of the Modern Law Group, if she thinks Fucci’s trial will actually start in February.
“I do think that the trial could be pushed back further if the defense motions the court to push it back. And that happens for many reasons. Sometimes, the defense is not prepared because they don’t have all of the evidence that they need to put forth a proper defense. Sometimes there are things that they are still trying to evaluate. As far as experts, there are tons of reasons why,” said Prater, who is not affiliated with the case. “If they waive what’s called speedy trial, the defendant’s right to speedy trial, and it is very possible that the court could move the trial back. However, a lot of times the courts don’t want to, you know, in the interest of justice and judicial efficiency, they want to go ahead and help get that family closure and get that family justice.”
News4JAX also asked if a plea deal could be arranged.
“Absolutely,” Prater said. “Most cases, you know, frequently don’t end up getting to trial, so if the defense is able to negotiate something with the state attorneys, then it is possible that they could come to a plea deal. However, with, you know, what the defendant is looking at, it’s very, it’s also very possible that they could just roll their dice, roll the dice with the jury and see what happens at a jury trial.”
On Tuesday, the judge also released the trial dates for Fucci’s mother, Crystal Smith, who is charged with tampering with evidence. Investigators said she washed blood off her son’s blue jeans while he was being questioned.
Smith will have a status hearing on April 4. April 12 will be the pretrial hearing. April 17-28 is the trial period for Fucci’s mother.
She was not present Tuesday — only her attorney.
Bailey’s family posted the following statement after Tuesday’s court hearing:
“It is always difficult on the court days. The reality of our lives is so hard to face and there is a void that can never be filled. Drawing upon our love for Tristyn, we’ll continue to show up and see it through.
“We continue to have faith. All of the love and support are beyond appreciated. Trial today was just to keep things moving forward. We will now have pretrial again in December.
“Tristyn…we miss you so very much. The tears just seem to never stop. What I would give to turn back the hands of time. We love you sweet girl”
Fucci is being held in the Duval County jail in Jacksonville while he awaits his trial because St. Johns County’s jail does not have a juvenile wing.