ST. JOHNS COUNTY, Fla. — A sentencing date is now set for the teenager who pleaded guilty to murdering his classmate, 13-year-old Tristyn Bailey in St. Johns County in 2021.
Aiden Fucci's sentencing hearing is set for March 21 and 22, though the judge says it could begin a day early.
Bailey's family sat in the front row during the hearing Thursday. They wore aqua, Tristyn's favorite color. Fucci, 16, entered the courtroom wearing a red jumpsuit. Law enforcement tells First Coast News a red jumpsuit means "possible self-harm, high escape risk, or medical transport."
The Thursday hearing was short as expected, only 20 minutes long. It's main purpose was to set a date for the sentencing hearing. Both the defense and state have witness lists with about 20 people on them. Some of the people on the lists are expected to be minors.
Criminal Defense Attorney Janet Johnson, who is not affiliated with the case, says it's likely minors will testify because some of the people on the witness lists are identified only by their initials. It's also possible the court will hear from Bailey's family in victim impact statements.
Johnson describes the sentencing hearing as a trial about Fucci's character.
"Instead of saying, 'He didn't do it' or 'here's a excuse for why he did it,'" Johnson said. "Really the focus is going to be on, 'Yes, he did it. We've already admitted he did it. But here's why you should think more favorably about him,' which would never be admissible in a trial."
Seventh Judicial Circuit Court Judge Lee Smith says he intends to decide on a sentence the week of the hearing.
“I'm not going to drag this out any longer than necessary," he said in court. "I don’t want to go through a sentencing hearing and then say, 'Alright now I'm going to take three more weeks."
Fucci faces life in prison, but the minimum he could receive is 40 years with the possible review of his sentence after 25 years.
Fucci unexpectedly entered a guilty plea earlier in February. He did so when jury selection was set to begin and potential jurors were already at the courthouse. First Coast News asked Johnson what Fucci could have had to gain from pleading guilty.
"The defense attorney is putting all of their eggs in the basket of, 'We are saving these people from going through a trial so judge, you should reward him,'" Johnson said.