JACKSONVILLE, Fla. — Aiden Fucci’s murder trial begins this morning with jury selection. The St. Johns County teen is accused of murdering his 13 year old classmate Tristyn Bailey. First Coast News Legal Analyst, Janet Johnson provided insight into the jury selection process and what may be expected.
Johnson describes the judge in this case, Judge Lee Smith, as very thoughtful and even tempered. He denied the defense’s request to have Fucci’s trial moved out of St Johns County but said he would reconsider if an impartial jury can’t be seated.
Johnson pointed out that six jurors will be seated not the traditional 12. “This is really a huge issue and I think if there’s going to be an appeal this may be the thing that comes back if there’s a conviction and the judge doesn’t reconsider,” Johnson said. “If you or I were charged with this crime we would get 12 jurors. It’s a capital offense. We’re looking at the death penalty or mandatory life. Because of his age, even though he’s in adult court, his sentencing if he’s convicted is not going to be what you or I would get.”
If convicted Fucci is looking at the maximum of life but would still be eligible for a sentence review after serving 25 years, at which time a judge could consider the possibility of a lighter sentence.
The prosecution argued Fucci should get six jurors which Johnson says is what you would get if you were charged with a DUI.
“The reason this is so significant is because the prosecution would have to convince 12 people to convict a young man, a child and in this case they’re only going to have to convince six,” Johnson said. “It’s a lot easier task for them.”
Fucci was 14 years old when he allegedly stabbed Tristyn to death. He’s now 16 years old.
“He doesn’t look like the little boy that he looked like,” Johnson said. “That’s something that as a defense attorney, I’m going to have him dressed as young as possible. Not in a tie, not looking like an adult but people might be sympathetic to him as a child.”
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