Jacksonville, Fl — The teenager charged with the murder of Tristyn Bailey in the Durbin Crossing community of St. Johns County in May of 2021 will now face a jury in February of 2023.
Now 15, Fucci will stand trial for first degree murder - as an adult - for stabbing his classmate 114 times. He was 14 at the time of Bailey’s death on Mother’s Day.
The trial was originally scheduled for November 7. But his newly assigned public defender, Rosemary People’s along with Greg Abbott, requested more time to prepare to depose the more than 45 witnesses presented by the Florida State Attorney’s office. The prosecution team did not argue to deny the extension.
This morning, while granting the motion, Judge R. L Smith remained adamant that there will be no additional extensions. Both the defense and the prosecution teams received clear instructions for removing any conflicts from their calendars.
Before discussing the nine motions presented to Judge Smith by the defense team, People’s withdrew her request for banning the media - including cameras - from the courtroom. Lawyers representing several media organizations including Cox Media Group were present to request the media’s presence before the judge.
People’s also withdrew her request for a closed, pre trial hearing.
Judge Smith denied several defense motions including the motion to prohibit witnesses from discussing testimony. Stating the impossibility to control discussion and social media content, the motion was described as over reaching.
The judge also denied the ability to order personnel records of witnesses or law enforcement officers called as witnesses and delayed a decision on the defense team’s motion to prohibit autopsy photos from being shown to a jury.
Other motions that were denied include the motion to preclude emotional outbursts during the trial and the motion to preclude improper closing arguments. Judge Smith stated that because of the inability to predict what may or not happen in court for both motions, he could not rule. He stated that for both motions, teams for the defense and prosecution, members of the jury as well as those within the courtroom walls would be instructed to maintain a proper modicum of decorum.
Bailey’s parents, family and friends sat stoic in the courtroom wearing teal, Tristyn’s favorite color. Both parents were seen hugging the sheriff and talking to the prosecution team at the conclusion of the hearing. There were no emotional outbursts from anyone.
Stay tuned as we continue to maintain story updates.
Bailey’s body was found in the woods in Durbin Crossing with 114 stab wounds. Fucci has pleaded not guilty.
This is a developing story, refresh for updates.
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