State files motion to have 6-person jury in murder trial of St. Johns County teen Aiden Fucci

ST. JOHNS COUNTY, Fla. — The state is asking for a six-person jury instead of the usual 12-person jury in the murder trial of St. Johns County teen Aiden Fucci.

Investigators say Fucci stabbed his classmate, 13-year-old Tristyn Bailey, more than 100 times in the Durbin Crossing neighborhood on Mother’s Day in 2021.

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All cases where death could be a sentence requires a 12-person jury. But since Fucci is a minor, he can’t receive the death penalty.

We asked Action News Jax law and safety expert Dale Carson why the state filed this motion. Carson is a lawyer and has decades of experience in law enforcement.

“The reason for a six-person jury is it’s more likely to convict than a 12-person jury. If you’re a defense attorney, you want 12 people on the panel in the hopes that one of those 12 individuals, those sworn jurors, will not agree with the conviction,” Carson said. “The defense can argue against it, but ultimately it’s a decision for the bench, the judge, to make.

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Carson said when you have to only convince six jurors versus 12, it’s easier to get a unanimous decision.

Carson also said that it’s unlikely that the judge will actually agree to it because of the possibility there will be an appeal later.

Fucci’s next hearing is set for Jan. 20. Jury selection is set to start Feb. 6.

You can read the full motion filed by the state below:

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