Aiden Fucci murder trial moved to February; defense withdraws motions to limit media access
Aiden #Aiden
Aiden Fucci, 15, leaves a St. Johns County courtroom on Friday morning, Aug. 19, 2022, after a hearing in his first-degree murder trial.
The defense team for Aiden Fucci, the 15-year-old accused of killing his classmate in St. Johns County, has withdrawn a couple of motions to limit media and public access to the case.
The move came during a Friday morning hearing about several defense motions, including a request to delay the trial to February instead of holding it in November.
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Judge Lee Smith granted the motion to delay the trial to give lead defense attorney Rosemarie Peoples, who is with the public defender’s office, time to finish a homicide case in Putnam County and complete depositions in the Fucci case.
A specific trial date wasn’t announced on Friday. Smith said whatever the two-week trial period is for Fucci, jury selection will start a week in advance. He also stressed the importance of the trial.
“And I want to just also make sure that everyone understands there should not be any conflicts anywhere in this circuit for any other trials. I’ve spoken to the chief judge. This case will have priority over any other trial in our circuit, OK, other than obviously the one that you’re doing in Putnam County.”
Motion to ban video cameras from courtroom during jury selection withdrawn
Peoples withdrew a motion to prohibit video cameras from streaming from the courtroom during jury selection. She also withdrew a motion to close pretrial hearings.
The Record, The Florida Times-Union and local television stations submitted a memorandum of opposition to the defendant’s motions to restrict media and public access.
Among other issues, Smith also delayed a decision on Peoples’ motion to prohibit autopsy photos from being shown to a jury.
Fucci is accused of killing Tristyn Bailey, 13. She was found dead in an area near both of their homes in May 2021 in the Durbin Crossing neighborhood in northwest St. Johns County. She had been stabbed 114 times, according to her autopsy.
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Members of her family and supporters gathered in the courtroom as they have for other hearings, some wearing aqua, her favorite color, to show support.
Seeking ‘a clean trial’
Smith heard from Peoples and Assistant State Attorney Jennifer Dunton about several other motions Peoples filed.
They included, among other things, a motion to prohibit prejudicial emotional outbursts during trial.
The motion sought to have Smith read a warning to people in the courtroom during the trial, outside of the presence of the jury, against having an outburst or making audible comments because they could “improperly influence the jury and lead to a mistrial.”
“What this motion is trying to do is to ensure that we try this once, have a clean trial,” Peoples said.
Dunton said the state attorney’s office takes care to prepare family and sensitive witnesses for trial by showing them photos ahead of time.
Smith denied the motion, saying it asked him to prohibit emotional outbursts.
“I don’t know that I can prohibit it,” he said.
But said he plans, as is his practice, to tell the crowd before the jury comes in that emotional outbursts won’t be tolerated.
This article originally appeared on St. Augustine Record: Aiden Fucci trial moved to February; motions to limit access withdrawn