ST JOHNS, Fla. — Teen killer Aiden Fucci's attorney said in St. Johns County court Wednesday that he has "indicated" that he is "hearing voices" to a juvenile probation officer during his time in prison.
Fucci is set to be sentenced in the 2021 murder of 13-year-old Tristyn Bailey, a crime he pleaded guilty to in February. He faces between 40 years to life in prison for Tristyn's death in which she was stabbed 114 times.
The defense and prosecution met before St. Johns County Judge Lee Smith Wednesday to discuss the defense's intention to call Dwayne Barton, a juvenile probation officer.
Fucci was in court in a red jumpsuit, which can mean that an inmate is a possible self-harm risk or an escape risk.
Assistant State Attorney Jennifer Dunton told the judge she is concerned that the defense intends to use Barton's testimony to make a point about Fucci's mental health.
Rosemarie Peoples, who represents Fucci, said that throughout his time in prison, Barton asked Fucci questions about his well-being. She argued that this is "part of his job."
Peoples says that she does intend to have Barton testify about Fucci's mental well-being, not as a mental health expert, but as someone who has spoken to Fucci in a professional capacity.
She said that Barton visited with Fucci monthly for a year, asking him questions about his time in jail and how he was doing.
"I do want to ask him ... 'did my client reveal to you that he's hearing voices?' Because over the year that he'd seen him, that indication was made," Peoples said.
This is not the first time the possibility of Fucci having mental health concerns has been raised. During a September 2021 hearing on Zoom, Fucci was seen on the livestream rocking and fidgeting, seeming distraught.
Fucci could be heard saying: "I won't let you demons take my soul." Technical issues caused his video feed to cut shortly after.
Dunton argued that Barton's testimony should not be allowed. Anything that Fucci says could be considered self-serving, which is a type of hearsay and inadmissible in court, she argued.
However, Peoples rebutted that because only Fucci experienced whatever "delusions" he was reporting, the only way he could reveal that symptom is by verbally telling someone.
Lee ultimately ruled that Barton will not be allowed to testify about anything that Fucci directly told him, only what he has personally observed.
However, if a mental health expert "opens the door" to a line of questioning of Fucci's mental state, this decision could change.
The defense has notably not called a psychiatric expert to testify, something Lee addressed Fucci about at his last hearing. He stressed to Fucci that he is entitled to call a witness to talk about his mental health.
The State has called Dr. Greogry A. Pritchard, a psychiatrist, to testify at the sentencing.
Peoples said she plans to depose Pritchard Friday and without having interviewed him, she can't determine if he will, or will not, "open the door" to testimony about Fucci's mental health.
Peoples told Lee she has not prepared an insanity defense case and does not intend to use this testimony to argue that Fucci is not fit to be sentenced.
Fucci's sentencing is set to begin Tuesday, March 21 and could go through that Friday, March 24.
