Tristyn Bailey murder trial could be postponed until early 2023

Colleen Michele Jones, St. Augustine Record
·2 min read
Aiden Fucci stands with his attorney, Rosemarie Peoples, before Circuit Judge Lee Smith in his courtroom in the St. Johns County courthouse for a hearing on Friday, Aug. 5, 2022. Fucci has pleaded not guilty to first-degree murder in the death of Tristyn Bailey, 13, in the Durbin Crossing community in northern St. Johns County in May 2021.
Aiden Fucci stands with his attorney, Rosemarie Peoples, before Circuit Judge Lee Smith in his courtroom in the St. Johns County courthouse for a hearing on Friday, Aug. 5, 2022. Fucci has pleaded not guilty to first-degree murder in the death of Tristyn Bailey, 13, in the Durbin Crossing community in northern St. Johns County in May 2021.

Attorneys for Aiden Fucci, the 15-year-old accused of fatally stabbing Tristyn Bailey, will have to wait at least a few more weeks to learn whether their motion to delay the jury trial until next year will be accepted.

Fucci has pleaded not guilty to first-degree murder in the death of Bailey, 13, in May 2021. Both teens attended Patriot Oaks Academy. They lived in the Durbin Crossing neighborhood and Bailey's body was found near their homes.

At a hearing Friday morning at the St. Johns County Courthouse, Circuit Judge Lee Smith said he was not willing to decide the matter until at least Aug. 19, the date of the next scheduled pre-trial hearing.

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The trial is currently scheduled to start Nov. 7, but Public Defender Rosemarie Peoples, who is representing Fucci, told Smith that at least 47 more witnesses need to be interviewed and that she is also working on another felony case in nearby Putnam County.

Assistant State Attorney Jennifer Dunton said she did not oppose a delayed start date since her office is also involved in prosecuting the Putnam County case, which goes to trial in October.

Smith said he preferred to wait before making a decision until at least Aug. 19 and hear the status of both cases at that time. He asked Peoples if the defense would be ready should he agree to push the Fucci trial to February 2023. Peoples said yes.

Fucci appeared in court in an orange jail uniform.

As in past hearings, a group of Bailey's family and supporters attended the proceedings.

The defense team has also filed motions that would, among other requests, prohibit the use of autopsy photos in the trial and restrict media coverage. Considerations include Fucci's constitutional rights and the First Amendment right to freedom of the press.

The Record, The Florida Times-Union and local television stations have submitted a memorandum of opposition to the defendant's motions to restrict media and public access.

If convicted, Fucci would receive at least 40 years and up to life in prison, under state law. Fucci cannot be sentenced to death because of his age.

This article originally appeared on St. Augustine Record: Tristyn Bailey killing: Aiden Fucci trial could be postponed to 2023