A Florida judge granted the motion to install a six-member jury for the trial of Aiden Fucci, the 16-year-old charged with first-degree murder in the death of his 13-year-old schoolmate, Tristyn Bailey.

Because of Fucci’s age, it is not a capital case, so the State Attorney’s Office motioned to waive the law that requires a 12-member jury in a death penalty case. Fucci, who was 14 at the time of his arrest, is only eligible to face life in prison as a maximum sentence.

Fucci was arrested in 2021 when Bailey was found stabbed to death less than half a mile from Fucci’s home in St. Johns County. Home surveillance footage showed the two teenagers walking together in the neighborhood but only Fucci returning home.

The state also presented various motions about what should and should not be shown to the jury, as the defense attorney said certain pieces of evidence, such as certain autopsy photos that do not show the lethal wounds, would not be relevant.


Of the 114 wounds Bailey received, 108 were considered non-lethal by the medical examiner but were considered lethal when considered collectively. According to court documents, the teen’s legal team also wants things like some questionable drawings and “several knives” to be withheld from the jury, including one found in a local pond.

His attorney also requested to suppress cellphone evidence including “text messages, images, photos, music, videos and song lyrics,” arguing that these would unfairly sway the emotions of the jurors.

Fucci is being tried as an adult and has been awaiting trial in the Duval County Jail, as the St. Johns County Jail does not have a juvenile wing. The date of the pretrial has not been determined.

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