ST. JOHNS COUNTY, Fla. – The legal professional representing Aiden Fucci, who’s accused of killing 13-year-old Tristyn Bailey, is asking for a delay within the November trial, based on St. Johns County courtroom data.
The movement for continuance, which News4JAX obtained on Tuesday, reveals Fucci’s protection layer needs the trial date to be pushed again to 2023.
The movement is no surprise, provided that the legal professional simply took over the case a few months in the past and has filed quite a few pretrial motions that should be litigated.
Greater than 250 witnesses are concerned within the case, and the lawyer states within the movement that there are nonetheless many deposits to be accomplished. Within the courtroom submitting, the lawyer tells the choose that if the trial proceeds as scheduled, “counsel’s efficiency will fall under the target normal of reasonableness,” and there can be inevitable errors.
“With no fault to Aiden Fucci the protection crew can’t announce prepared for trial this calendar yr, as a result of the protection case is just not developed to satisfy the requirements of efficient counsel,” the movement states.
Fucci’s lawyer additionally tells the choose within the movement that the State Legal professional’s Workplace has no objection to the delay.
Fucci, now 15, is charged with first-degree homicide within the loss of life of Bailey, his schoolmate. She was discovered stabbed to loss of life on Mom’s Day final yr in Durbin Crossing lower than a half-mile from Fucci’s house. He was arrested within the early morning hours the subsequent day.
Earlier this month, Fucci’s protection crew filed a discover with the courtroom invoking his constitutional rights, together with the appropriate to stay silent and proper to counsel.
The doc says he won’t converse with a jail psychologist or jail minister in regards to the expenses in opposition to him except his legal professional is current. It additionally says he will not take a polygraph check, give any hair, saliva, blood, handwriting or voice samples or consent to any gadgets he has with him in jail being searched.
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Fucci is being tried as an grownup. If convicted, he might spend the remainder of his life in jail. As a juvenile when the offense occurred, he isn’t eligible for the loss of life penalty.
Fucci’s subsequent courtroom date has been set for Aug. 31.
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Along with invoking his constitutional rights, the protection can also be requesting that the courtroom put a gag order on witnesses, which seeks to forestall them from chatting with anybody however attorneys within the case.
Different motions embody a request that the state produce any proof that might impeach witness credibility and that the choose blocks the state from presenting closing arguments that will prejudice the defendant. All are frequent pre-trial motions.
As well as, attorneys for native information retailers, together with WJXT News4JAX, have filed a movement to intervene within the case, particularly to contest earlier protection motions to shut the pretrial course of to the media and to bar cameras from jury choice.
Since cameras are by no means allowed to indicate jury members’ faces or reveal their identities, the argument of reports retailers is that there is a better want for belief and transparency in a significant case that rippled throughout Northeast Florida.
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