JACKSONVILLE, Fla. — The video above is from a previous, related report.
Aiden Fucci's defense team filed another motion for continuance on Wednesday morning which was denied later in the day. This would have potentially delay the highly anticipated first-degree murder trial as the community of St. Johns County waits for justice.
His defense attorney Rosemarie Peoples said if the trial moved forward without the Fifth District Court of Appeals responding to the motion for continuance, it would cause Fucci irreparable damage.
“We’re asking the court to stay the proceedings between the State of Florida v. Aiden Fucci as set for Monday and allow the Fifth District Court of Appeals the continuance process to review the Writ as filed and give the attorney general the opportunity to respond,” Peoples said.
Continuance was denied during the docket sounding on Wednesday afternoon. Circuit Judge Lee Smith said the motion is no reason to delay the trial.
“They would have to certify conflict with Walling, which then means it’d have to go up to the Supreme Court," Smith said. "I would imagine the state would then appeal it so then we’re looking at extending this trial and not being able to conduct this trial for quite a long time, and I’m just not willing to do that.”
A docket sounding is the last effort of the judge and the attorneys involved to schedule ahead of a trial, according to the Florida State Attorney's Office. This was Fucci's final appearance before the trial.
While Fucci is being charged as an adult, he will not face the death penalty.
According to Florida law, 12 people should form a jury in all capital cases, but six people make up a jury for all other criminal cases. While Fucci is charged with first-degree murder, the teen cannot receive the death penalty if he is found guilty, therefore not a capital case. However, he can be sentenced to life in prison.
Peoples claimed that by reducing the number of jurors to 6 people instead of 12, they would also reduce the number of jury selection challenges during the docket sounding. The judge responded that he never indicated that Fucci's preemptory challenges would be reduced. Both sides will still have 10 opportunities for challenges to jury members that might not favor them.
Fucci is accused in the grisly murder of Tristyn Bailey, the 13-year-old who was stabbed to death on Mother's Day weekend in 2021. Jury selection for Fucci's trial is set to begin on Monday, just five days after his team filed for the delay.