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Mother of Tristyn Bailey’s killer expected to plead guilty to tampering with evidence charges

ST. JOHNS COUNTY, Fla. – The mother of a teenager now serving a life sentence for killing 13-year-old Tristyn Bailey is expected to plead guilty Friday to a charge related to her son’s case.

Crystal Smith, the mother of Aiden Fucci, is accused of tampering with evidence in connection with the case, which is a felony.

According to Smith’s arrest warrant, surveillance video shows her washing Fucci’s blue jeans hours after he murdered Bailey. Smith is next seen taking the jeans to her master bedroom for a while and then bringing them out and inspecting the pants several times before putting them back in her son’s room.

The warrant says the jeans and the drain in the sink later tested positive for blood.

RELATED: Tristyn Bailey: The murder that sent shockwaves through St. Johns County | Family marks 2 years since 13-year-old’s death with Tristyn Bailey Strong Remembrance

Jury selection was set to begin in the trial on Monday, but court documents posted online Thursday indicate there’s a hearing Friday afternoon at 1:30 p.m. in St. Johns County at which time Smith is expected to change her plea to guilty and be sentenced.

Tampering with evidence carries a maximum sentence of up to five years.

“Powerful evidence...No way would she win the case,” said Curtis Fallgatter, who is a local criminal defense attorney not associated with the case. “When you plea, you’re theoretically showing some remorse, some apology. And she’ll be able to go in front of a judge at sentencing, [saying], ‘Your Honor, I’m a mother. I love my son. I know what I did was wrong.’”

Fallgatter said he thinks it’s unlikely Smith will avoid time in prison or jail.

“Given the nature of the underlying crime for which she was tampering with the evidence, one would think that some type of jail or prison would be appropriate,” he said.

Bailey’s family said earlier this week they were anger ridden because Smith has “continuously failed to take responsibility.”

MORE: ‘I’m sorry for all the pain I caused’: Aiden Fucci, relatives write letters to judge, Tristyn Bailey’s family

A Bailey family spokesperson told News4JAX on Thursday the family was in contact with prosecutors and involved in the negotiated plea.

The family has said they had hoped a plea deal would be reached to help the family take its next step forward in focusing on the life and legacy of Tristyn.


About the Authors
Marilyn Vaca headshot

Marilyn is a Manager of Content and Coverage who supervises News4JAX.com, News4JAX+, along with other News4JAX platforms and channels.

Anne Maxwell headshot

I-TEAM and general assignment reporter

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