ST. JOHNS, Fla. — Judge R. Lee Smith granted the state’s motion to a six-person jury in the Aiden Fucci murder trial.
Lawyers for Fucci filed a motion demanding the constitutional right for a 12-person jury.
The judge agreed with the state’s motion for a six-person jury Friday afternoon.
Prosecutors argued there is no constitutional right to a 12-person jury and since Fucci is a minor, and he can’t receive the death penalty.
“Going to grant the state’s motion to impanel the 6-person jury,” said Judge R. Lee Smith.
RELATED: Aiden Fucci: Judge denies motions filed by defense team of teen accused of killing Tristyn Bailey
This was the first motion ruled on during Friday’s hearing ahead of Fucci’s murder trial, which is set to start early next month.
Fucci is accused of murdering his 13-year-old classmate, Tristyn Bailey on Mother’s Day in 2021 in St. Johns County. Investigators said he stabbed Bailey more than 100 times.
Prior to this hearing, lawyers for Aiden Fucci filed four new motions.
The judge granted one defense motion asking that no other knives collected in the home during the investigation will be used as evidence in the trial.
RELATED: Aiden Fucci, teen charged with murder of Tristyn Bailey, appears in court ahead of trial
But the judge’s ruling to seat a six-person jury instead of 12 in Fucci’s murder trial was a significant win for prosecutors
Action News Jax Law and Safety expert Dale Carson weighed in on the jury decision today.” It’s easier to convince 6 people of a thing than it is 12,” said Carson. “So, it makes it a little bit easier for the state attorney to successfully prosecute and the jury to convict.”
Jury selection is set to start on Feb. 6.
[SIGN UP: Action News Jax Daily Headlines Newsletter]
Click here to download the free Action News Jax news and weather apps, click here to download the Action News Jax Now app for your smart TV and click here to stream Action News Jax live.
