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Post by Graveyardbride on Jul 21, 2022 22:05:23 GMT -5
Fucci Refuses Polygraph Exam or to Submit DNA Samples
Attorneys for Aiden Fucci have filed notice the Defendant will not submit to a polygraph examination; submit hair, blood or saliva samples; or speak with a jail psychologist or minister outside the presence of his lawyers. He also refuses to consent to the search of his home or property.
Fucci is charged with the brutal murder of Tristyn Bailey on May 9, 2021, and even he was indicted by the grand jury, more than 700,000 individuals had signed a petition requesting he be tried as an adult. Just a little more than two weeks later, State Attorney R.J. Larizz announced the teen would be charged with first-degree murder and tried as an adult.
At that time, the state attorney took the opportunity to address all the parents of teenagers involved in what led up to the murder, as well as parents in general, saying, “I just want to say that I hope parents will learn something from this vicious and brutal murder. And that is you need to know what your kids are doing and what they’re saying. While we might not be able stop these vicious and brutal murders from happening, we ought to at least try.”
Sources: WTLV, July 21, 2022; and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by jane on Jul 22, 2022 4:57:59 GMT -5
Fucci Refuses Polygraph Exam or to Submit DNA SamplesAttorneys for Aiden Fucci have filed notice the Defendant will not submit to a polygraph examination; submit hair, blood or saliva samples; or speak with a jail psychologist or minister outside the presence of his lawyers. He also refuses to consent to the search of his home or property. It's a shame he's too young for the death penalty.
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Post by steve on Jul 22, 2022 14:31:45 GMT -5
The above quote is from "Disturbing Evidence Concerning Aiden Fucci Includes Threats of Violence, Satanic Drawings" on page 3. I'm not really into true crime, but there's something I really don't understand about this case. If he's telling the truth and he pushed her to the ground and she hit her head, why did she continue walking with him to the pond where he killed her?
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Post by Graveyardbride on Aug 20, 2022 3:38:13 GMT -5
Trial Continued, Rescheduled for February 2023
Judge R. Lee Smith has granted a defense motion for continuance and scheduled a new trial date. Originally set to begin November 7, the trial is now scheduled to take place in February 2023.
Smith heard and considered several other motions during Friday’s proceedings, one of which was a defense motion to prohibit prejudicial emotional outbursts during trial. Specifically, the motion sought to have the judge read a warning to the courtroom audience because emotional outbursts could “improperly influence the jury and lead to a mistrial.”
Prosecutor Jennifer Dunton argued against the motion, explaining the state attorney’s office carefully prepares family members and sensitive witnesses by showing them photos, etc. ahead of time.
Smith denied the motion, declaring, “I don’t know that I can prohibit it.”
During the hearing, Peeples indicated she is gathering the sworn statements of approximately 75 individuals. She also withdrew her motions to close the courtroom during pretrial hearings and ban video cameras streaming live during the proceedings.
Fucci, who is charged with the brutal murder of 13-year-old Tristyn Bailey in May 2021, will turn 16 on November 6.
Sources: Sheldon Gardner, The St. Augustine Daily Record, August 19, 2022; WJAX, August 19, 2022; and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by Graveyardbride on Dec 13, 2022 14:48:27 GMT -5
Judge Denies Transfer, Change of Venue Motions - Jury Selection to Begin February 6
Last month, Rosemarie Peoples, one of the public defenders representing Aiden Fucci, who is being held in the Duval County Pretrial Detention facility, filed a motion requesting the Defendant be transferred to a different location because of “ongoing torture.” According to the motion, Fucci has been in confinement “for over 400 days of pretrial detention; with three exceptions while he was in general population for a total of 129 days that ended on May 16, 2022.” Fucci, Peoples charged, is alone in his cell 24 hours a day and isn’t even allowed outside for meals.
In addition to the motion to transfer Fucci, Judge R. Lee Smith entertained two other motions in the case, including a change of venue, wherein the defense attorney alleged that because of pretrial publicity, her client could not receive a fair trial in the Seventh Judicial Circuit, which encompasses St. Johns, Flagler, Putnam and Volusia counties.
Throughout the circuit, Peoples argued, to this day, there are teal ribbons – Tristyn Bailey’s favorite color – on display at restaurants and businesses and even on mailboxes, reminding people of the murder, and family members and others continue to “appear in the light blue or teal-colored clothing” at court hearings. She also cited statements made at the time of the murder by State Attorney R. J. Larizza, such as his allegation that “premeditation could be inferred ... every time that arm went down.” Bailey was stabbed 114 times.
Nonetheless, in spite of the public defender’s impassioned comments, Smith denied both motions, and jury selection will begin Monday, February 6, 2023, in St. Johns County.
In a third motion, which Smith granted, defense lawyers requested prosecutors be compelled to release all mitigating discovery.
Sources: Brianna Andrews and Anne Maxwell, WJXT, December 13, 2022; Tobie Nell Perkins, WTLV, December 13, 2022, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by pat on Dec 13, 2022 20:27:28 GMT -5
That's less than 2 months from now, but I wouldn't be surprised if his lawyers come up with something else to delay the trial.
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Post by kitty on Jan 4, 2023 23:18:23 GMT -5
I talked with some people from down in St. Augustine today who were up here visiting and they know Aiden Fucci and his family. They said they weren't surprised that his mother was arrested for trying to cover up for the murder because she had been covering up for him for years. Their children go to the same school, but they wouldn't allow their kids to hang out with Fucci because he was a violent pothead and everybody knew it. The woman said she had talked with some of the other mothers about Fucci a couple of times, but most of the parents were just blind to what was going on with their kids until this happened.
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Post by Graveyardbride on Feb 1, 2023 16:32:02 GMT -5
Defense Motion to Delay Trial Denied, Jury Selection to Begin Monday, Feb. 6This morning (Feb. 1), public defenders representing Aiden Fucci requested a delay in the trial because their client is set to be tried by a six-person jury. Prosecutors argued that in Florida, there is no constitutional right to a 12-person jury, and the judge denied the motion.
One of the reasons Fucci is being tried by jury comprised of six members as opposed to 12, is because he was only 14 at the time his classmate, 13-year-old Tristyn Bailey, was brutally stabbed to death, and as a minor, cannot be sentenced to death.
Following the decision to try Fucci before a six-person jury, law and safety expert Dale Carson commented, “It’s easier to convince six people of a thing, than it is 12. So it makes it a little bit easier for the state attorney to successfully prosecute and the jury to convict.” Sources: WOKV Radio and WJAX News, February 1, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by Graveyardbride on Feb 3, 2023 17:33:30 GMT -5
Aiden Fucci Brags about Crime, Fights with Other Inmates, Threatens Guards
According to his fellow pretrial detention facility inmates, Aiden Fucci threatens guards, fights with other inmates and brags about his crime. For example, if another inmate refuses to hand over a candy bar or other commissary item, he threatens physical violence.
He also brags that the crimes committed by other inmates “ain’t shit” in comparison to his murder of Tristyn Bailey, whom he stabbed 114 times. One inmate said, “He says he real, he stabs a bitch face-to-face and take they life. It’s like he get high off it or something.”
Because of Fucci’s frequent outbursts and threats of violence, he is often placed in isolation, and on one occasion, when corrections officers retrieved items from his cell, he threatened to murder them and members of their families. When he was initially incarcerated, he became so violent at one point that guards were forced to use pepper spray in order to subdue him.
On Friday afternoon, the state attorney’s offices released additional photos of Fucci taken immediately following his arrest. Some of them show cuts and scrapes on his hands and arms that he likely sustained while his victim was fighting for her life.
Sources: WJAX and WJXT, February 3, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by Graveyardbride on Feb 6, 2023 19:41:57 GMT -5
Fucci Pleads Guilty to First Degree Murder
Before jury selection could begin this morning (February 6), Aiden Fucci, now 16, stood before the Honorable R. Lee Smith and entered a plea of guilty to first-degree murder in the stabbing death of Tristyn Bailey. During his plea, the pudgy, 6-foot Defendant, wearing a dark blazer and khakis, apologized to the Bailey family for killing the 13-year-old girl in the early morning hours of Mother’s Day (May 9) 2021.
After accepting Fucci’s plea, Judge Lee ordered a pre-sentence investigation and scheduled a hearing for Thursday, February 23, at which time a sentencing hearing will be set.
Because of his age, Fucci cannot be sentenced to death, but he is facing a sentence of 40 years to life in prison. However, after 25 years, he will be able to request a review of his case, at which time, he could be released or resentenced. Nonetheless, considering the fact he stabbed his victim 114 times and has bragged about his crime, it is unlikely a judge would be inclined to release the Defendant.
Sources: WOKV Radio, February 6, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by pat on Feb 6, 2023 20:08:59 GMT -5
So, he stabs her 114 times, makes fun of her after she's dead, brags in jail about killing a bitch face-to-face, and then apologizes to the Bailey family? What a hypocrite! I hope he gets what's coming to him when he gets to the adult prison system.
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Post by jane on Feb 7, 2023 16:57:38 GMT -5
So, he stabs her 114 times, makes fun of her after she's dead, brags in jail about killing a bitch face-to-face, and then apologizes to the Bailey family? What a hypocrite! I hope he gets what's coming to him when he gets to the adult prison system. Considering the way he's acted in jail, it's obvious he isn't sorry about anything. Also, someone said today that because he didn't have a plea deal, he might not have to stand up in court and explain what he did.
He's 16 and already 6-foot-tall, so he'll probably be a lot bigger by the time he's transferred to an adult prison, so unless the other men gang up on him, he'll probably continuing bullying everyone around him.
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Post by Graveyardbride on Mar 9, 2023 4:19:51 GMT -5
Fucci’s Mental Competence May Be Questioned at Sentencing
In a court appearance yesterday (March 8), Rosemarie Peoples, the public defender representing Aiden Fucci, told Judge Lee Smith that throughout her client’s incarceration, he spoke of “hearing voices,” and she wants to question Dwayne Barton, a juvenile probation officer who talked with the teenage killer on a regular basis.
Assistant State Attorney Jennifer Dunton objected, indicating she is concerned that the defense intends to use Barton’s testimony to claim Fucci is mentally incompetent. Anything Fucci says could be self-serving, which is a type of hearsay and inadmissible in court, she argued.
Peoples countered, saying she has not prepared an insanity defense, however, she plans to depose Gregory A. Pritchard, M.D., a psychiatrist the state has retained to testify at Fucci’s sentencing. She said she does not know at this point if Pritchard will “open the door” to testimony concerning her client’s mental health. She continued, saying she does not intend to have Barton testify concerning the Defendant’s mental well-being as a mental health expert, but as someone who has spoken to Fucci in a professional capacity.
Lee ruled that Barton will not be allowed to testify concerning anything Fucci told him, but only what he personally observed.
Notably, the defense has not called a psychiatric expert to testify, and at a previous hearing, Lee advised Fucci he is entitled to call a mental health professional to discuss his mental health.
This is not the first time Fucci’s mental health has been questioned: during a September 2021 hearing via Zoom, Fucci was observed fidgeting, seemingly distraught and muttering, “I won’t let you demons take my soul.”
Fucci was wearing a red jumpsuit in court, an indication he could be at risk for possible self-harm or an escape risk.
The Defendant’s sentencing is set to begin Tuesday, March 21, and he is facing a sentence of 40 years to life in prison.
Sources: Tobie Nell Perkins, WTLV, March 8, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by Graveyardbride on Mar 17, 2023 23:48:11 GMT -5
Defense Files Multiple Motions Prior to Sentencing
Aiden Fucci’s public defenders have filed several motions since the Defendant pled guilty as his trial began last month, and such will be considered by Judge R. Lee Smith prior to next week’s sentencing.
In one motion, the defense objects to the testimony of Dr. Gregory Prichard, a psychologist, who admitted during his deposition that he could not diagnose Fucci absent an in-person interview. Accordingly, Fucci’s lawyers contend any opinion offered by Prichard would be “rooted in a review of discovery material, not any mental health testing or diagnostics,” rendering such testimony “unduly prejudicial.” Rosemarie Peeples, one of his lawyers, also reminded the judge that she has chosen not to present any testimony from a mental health professional, and if Prichard is allowed to testify, she would be compelled to present psychologist Stephen Bloomfield to rebut Prichard’s opinion.
Peeples also objected to the testimony of several witnesses who observed Fucci’s behavior in jail, and school and jail records documenting his disciplinary problems and bad behavior, insisting a state law indicated such cannot be considered in a case in which the defendant has not been convicted by a jury or judge.
However, in commenting on said motions, Shannon Schott, a juvenile justice legal expert, explained the judge will know what he is allowed to consider. “Really, the things they’re trying to keep out are supposed to be considered by the court,” she said. “Certainly, I understand the concerns of the defense, but I think the court has to consider these things in his sentence.”
Schott continued, saying it is important to include an expert analysis from a psychologist so the court can lay the groundwork for the Defendant’s inevitable case review 10 years hence. “Whether that’s mental health that mitigates the situation or somehow explains away his current mental state, so that when it’s compared to him in 10, 20 years, it could establish something positive for Aiden Fucci in the future,” she added.
Fucci is set to be sentenced Tuesday, March 21.
Sources: Zach Wilcox, WTLV, March 17, 2023; WJXT, March 17, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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Post by Graveyardbride on Mar 24, 2023 1:52:57 GMT -5
Fucci’s Family Claims He ‘Isn’t Beyond Saving’ – Bailey Family Disagrees
On the afternoon of Wednesday, March 22, Assistant State Attorney Jennifer Dunton recapped the state’s argument that 16-year-old Aiden Fucci should remain behind bars for the duration of his life.
First, she emphasized the force and rage it would have taken to inflict the 114 stab wounds which the medical examiner found on Tristyn Bailey’s body, six of which were severe enough to have been fatal. Fucci, the prosecutor said, told his girlfriend he wanted to kill someone. “He said it would be at night, he would drag someone into the woods and he would stab them, and it would happen within a month. He said he would act innocent, keep killing and run away,” Dunton told the judge.
Dr. Gregory Prichard, the state’s mental health expert, told the court Fucci’s stabbing frenzy was “extremely unique and extremely violent for anyone to commit, let alone a juvenile.”
The only family member to testify on Fucci’s behalf was his grandmother, Deborah Spiwak, mother of Crystal Smith. “Please don’t take him out of our lives forever,” she begged the court. “I know there is some good in Aiden.” Fucci’s mother, Crystal Smith, who is facing charges herself, did not appear, instead sending a letter to Judge Smith requesting mercy and alleging her son “is not beyond saving.
The family of Tristyn Bailey disagreed. “Aiden Fucci made a heinous decision on May 9, 2021, and took the very life that I brought into this world,” Stacy Bailey, the teen’s mother, sobbed from the witness stand. “Please do not for one second think that he could be rehabilitated at any point. He is beyond saving.”
Dunton ended her argument, saying, “For all the evidence we presented in this case, of all of the factors in showing you who Aiden Fucci is, the uniqueness of this crime, all of that shows you that this particular juvenile should be sentenced to the harshest penalty possible, which is life in prison. And he will be entitled to a 25-year review.”
Sources: Marilyn Parker, WJXT, March 22, 2023; Rebecca Rosenberg, Fox News, March 23, 2023, and State of Florida v. Aiden Sean Fucci, Case No. 21-825-CF, Division 56.
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