St. Johns County

Aiden Fucci’s defense files motion to ‘prohibit testimony of alleged prior bad acts’

ST. JOHNS COUNTY, Fla. — Ahead of his sentencing hearing that begins on Tuesday, lawyers for the teen who pleaded guilty to killing St. Johns County 13-year-old Tristyn Bailey in 2021 have filed several motions.

Lawyers for Aiden Fucci filed a motion to “prohibit testimony of alleged prior bad acts,” which states that Fucci’s “alleged bad acts are mostly documented in school and resolved with some form of school related discipline and never resulted in an arrest by local law enforcement.”


Fucci’s defense also filed a motion to “exclude impermissible sentencing considerations of alleged post arrest bad acts.”

“It is anticipated that during the pending sentencing hearing the state will introduce allegations of the defendant’s jailhouse behavior, where the defendant has not been tried with assistance of competent counsel, nor convicted before a state court of competent jurisdiction for any of the alleged jailhouse behavior,” the motion states.

RELATED: Aiden Fucci pleads guilty in the murder of St. Johns County 13-year-old Tristyn Bailey

Action News Jax told you in January when reports showed Fucci previously fought in jail, threatened to kill officers and inmates while he has been housed at the Duval County Jail.

Another motion was also filed by Fucci’s defense to “prohibit the testimony of Dr. Gregory Prichard, as lacking a proper foundation as it is in the absence of a in-person evaluation.”

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The motion states, “should the Court deny this motion the defense will obligated to present an expert in rebuttal of Dr. Prichard.”

The court docket for Fucci’s case also shows four victim impact letters in the case docket, but they are not yet publicly visible.

Another letter is visible in the docket, which was addressed to Judge R. Lee Smith, who is presiding over Fucci’s case.

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The letter is from a friend of Tristyn’s grandmother, who writes, “I’ve watched the Bailey family go through this horror for two years. They will never be the same. Their family unity, love, and faith have held them together and spread throughout our community. No family should have to go through this. The courage of the Bailey family can be a lesson for the rest of us. Aiden Fucci should NEVER be released from prison.”

Read the motions in full below:

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