ST. JOHNS COUNTY, Fla. — The defense team for Aiden Fucci presented a series of motions on Monday ahead of his sentencing hearing set for Tuesday and Wednesday.
Fucci currently faces up to life in prison after pleading guilty in February to 13-year-old Tristyn Bailey’s 2021 murder. Bailey’s family attended Monday’s hearing and watched the proceedings at the St. Johns County Courthouse.
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There were three different motions presented on Monday by the defense, all of which could impact how Fucci is sentenced.
The first motion presented by Fucci’s defense team asked the judge to not allow any examples of “post-arrest bad acts” to be considered during Tuesday and Wednesday’s sentencing hearings. Some of those actions include threats allegedly made by Fucci against inmates and guards during his time at the Duval County Jail.
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However, the state argued, these aspects will be critical to the sentencing. Prosecutors cited another case as precedent.
“And that includes the juvenile’s immaturity, lack of judgment, possibility of rehabilitation, in determining whether your Honor should impose a life sentence,” state prosecutor Jennifer Dunton said.
In a second motion, the defense asked the judge to exclude prior bad acts – that is, before Fucci’s arrest. Some of those “bad acts” include things like allegedly disrespecting teachers and getting in fights at school.
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Ultimately, the judge decided to table both motions, and will decide whether to allow discussion of pre- or post-arrest bad acts on a case by case basis.
The judge also struck down the defense’s third motion, asking to exclude the testimony of a psychologist. The state wants that witness to provide his professional opinion of who Fucci was as a person at the time of the crime. Now, that testimony will be allowed.
Fucci’s sentencing hearings are set to begin at 8:45 a.m. on Tuesday. He is facing a possible life sentence.
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