ST. JOHNS COUNTY, Fla. – Admitted killer Aiden Fucci plans to appeal his life sentence that was handed down in February.
Fucci is the St. Johns County teen who pleaded guilty to murdering schoolmate Tristyn Bailey.
The 16-year-old was sentenced to life in prison but will have the opportunity to have his case reviewed after 25 years because of his age.
RELATED: Tristyn Bailey: The murder that sent shockwaves through St. Johns County | Tristyn Bailey’s family says guilty plea brings ‘significant relief,’ is milestone in ‘journey of justice’ | St. Johns County sheriff, community react to Aiden Fucci pleading guilty to murder in Tristyn Bailey’s death | What’s next for Aiden Fucci?
The pending appeal is not a surprise as Fucci’s lawyers had 30 days to file an objection to his sentence of life in prison.
There are two primary issues brought up by Fucci’s attorney in court documents filed on Wednesday.
The first involves a psychologist who testified in the trial.
“Dr. Prichard relied on hearsay allegations of misconduct by the defendant within custody to wit that the defendant was cleared of wrongdoing,” the appeal states.
The other goes after his sentencing hearing where he was sentenced to life.
“The Court fundamentally erred in the conduct of the sentencing hearing over defense objection,” it states.
Belkis Plata is a local criminal defense lawyer not affiliated with the case but who has followed it closely.
She said oftentimes appeals claim a defendant like Fucci didn’t get adequate representation by his defense lawyer. But his trial lawyer filed the appeal so it’s possible that could change if he goes after his defense during the trial.
“It’s left to say whether this is Aiden attacking his defense team or if it’s going to be something with the court,” Plata said.
The process could take a long time but not as long as it would have been in a death penalty case where defendants can tie up court proceedings for several years.
Right now Aiden Fucci’s mother Crystal Smith is also on trial for tampering with evidence in her son’s case. Investigators said she washed his jeans which later tested positive for blood.
It’s possible Fucci’s case could affect the outcome of Smith’s case.
Plata said the trial for Smith was essentially on hold until Fucci’s sentencing was over. But now that an appeal is going to be filed we’ll have to see what happens in his mother’s case.
There’s one issue that could be pressing in determining how this all plays out and that’s how long Fucci’s appeal takes. If it’s a several years-long appeal process it’s quite possible the judge in Smith’s case won’t be willing to wait that long and will just move forward.
“Whether they elect to go to trial, whether they resolve it with her, whether they try and get her on the record with Aiden in case something comes back a second time,” Plata said. “I think the defense team in the trial for his mother now is having conversations in how the appeal could affect their case.”
As of right now in Smith’s case, jury selection is slated to begin on May 15.