ST. JOHNS COUNTY, Fla. — The teen accused of killing St. Johns County 13-year-old Tristyn Bailey appeared in court on Tuesday.
Aiden Fucci’s attorney asked a judge to move him from solitary confinement in Duval County. The judge denied that request.
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Investigators say Fucci stabbed Tristyn more than 100 times in the Durbin Crossing neighborhood on Mother’s Day in 2021.
The defense argued Fucci has been in solitary confinement for more than 400 days, which his attorney said is torturous to the now 16-year-old.
St. Johns sheriff: Murder suspect Aiden Fucci ‘does not have a right’ to pick where he is housed
Fucci does have video chats with family and his legal team a couple times a month. He was put in solitary confinement in Duval County because of suicidal thoughts and threats from other inmates.
St. Johns County does not have any juvenile cells. The Sheriff’s Office said it will listen to any suggestions the defense has.
“Although it is legal, he’s still being tortured and punished when he hasn’t been convicted. He hasn’t been tried. No jury has been sworn,” defense attorney Rosemarie Peoples said.
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“I suppose there’s an argument to be made that because he doesn’t have interaction with other inmates, maybe more rec time, that it’s a form of torture. I haven’t heard an argument that putting him another location, in another facility, would be any different,” said Matthew Cline with the St. Johns County Sheriff’s Office.
Because of the separation of power, the judge’s hands are tied and it’s up to the sheriff to decide, so the motion was denied.
The defense also filed a motion, which was discussed Tuesday, to have the trial moved out of St. Johns County.
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“I’ve never had a case with so much attention before ... the Sheriff did multiple interviews. The State Attorney is giving descriptions to local media,” an attorney for Fucci said.
The state argued there’s nothing inflammatory in the interviews with Sheriff Rob Hardwick or State Attorney R.J. Larizza.
The judge denied the motion, saying if it becomes clear during jury selection that they can’t find an impartial jury, they will revisit.
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