Judge denies motion to move Aiden Fucci’s murder trial

JACKSONVILLE, Fla. — Aiden Fucci, 16, appeared in court Tuesday for a motion in his murder case to move the trial.

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.

>>> STREAM ACTION NEWS JAX LIVE <<<

Fucci’s attorney argued the case has had major media coverage, with more than 150 total news articles since the incident and it would be impossible to find an impartial jury.

Rosemarie Peoples argued the media coverage included interviews with Sheriff Rob Hardwick and States Attorney R.J. Larizza. She said interviews with officials are usually done post-conviction.

”It’s not just someone’s neighbor,” Peoples said in court. “It’s someone who was voted in large by St. Johns residents. Their words carry weight.”

Read: Brutal stabbing of teen girl in 2020 leads to guilty verdict for Palatka man

The defense also brought up the large number of vigils and memorials in Bailey’s honor. Several neighbors in Durbin Crossing, where the murder took place, had put up teal ribbons to honor the teen.

”Where the attention is so great, in terms of media and ribbons -- our argument is we can’t get a fair jury,” Peoples said.

She drew comparisons to the Anthony Foxx murder case in Putnam County.

In November, Foxx was found guilty of first-degree murder for stabbing his ex-girlfriend more than 100 times. Peoples argued the case did not get the same media attention as Fucci’s.

”There is nothing inflammatory in the interview,” said Assistant State Attorney Jennifer Dunton, referring to media interviews with Larizza and Hardwick. “We’re the second fastest growing county in the state, and largest in the country. We are getting a large influx of citizens over the past year.”

Read: Aiden Fucci: Judge denies motions filed by defense team of teen accused of killing Tristyn Bailey

Dunton argued the influx in new residents will bring many who have never heard of the case.

Judge Lee Smith denied the motion. He said, “If it becomes clear that we are unable to pick an impartial jury, then we can revisit the issue then.”

The defense also motioned to have Fucci taken out of solitary confinement at the Duval County Pre-Trial Detention Center. Fucci is in Duval because St. Johns County does not have juvenile jail cells.

The defense said he has been in solitary confinement for more than 400 days and asked that he be moved to a different location. He was put there because of suicidal thoughts and to protect the teen from other inmates.  

“It’s my understanding he’s there for his safety. But at the same time, this measure to protect him from other inmates is causing a harm,” Peoples said, referring to solitary confinement as torture.

Read: JSO investigates deadly shooting at Economy Inn

”I can’t sit by and say nothing when I know this is causing a detriment and a harm to the defendant.”

The sheriff is the chief jailer in the county, which ties the a judge’s hands tied because of the separation of powers.

”I haven’t heard an argument that suggests putting him in another facility would be any different,” said St. Johns County Undersheriff Matthew Cline.

The judge denied the defense’s motion but said, “I think it’s important that we’re all working together to find the least restrictive means to house him.”Fucci’s next hearing is set for Jan. 20. Jury selection is set to start Feb. 6.

[DOWNLOAD: Free Action News Jax app for alerts as news breaks]

[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.