Defense attorneys for Aiden Fucci, the teenager charged in the murder of 13-year-old Tristyn Bailey, have filed a motion, requesting the court transfer pre-trial custody of their client.
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Aiden Fucci, teen accused of killing Tristyn Bailey, wants transfer from Duval County jail
Defense attorneys for Aiden Fucci, the teenager charged in the murder of 13-year-old Tristyn Bailey, have filed a motion, requesting the court transfer pre-trial custody of their client.
The attorneys make note of 29 points in their motion, filed Friday, which they hope would lead to their client being moved out of the John. E. Good Pre-trial Detention Facility in Duval County. The document notes that Fucci “has been in a form of solitary confinement” for over 400 days, with exceptions where he was in the general population for 129 days.
It adds the Duval County jail has held Fucci in confinement, alone in a cell for 24 hours a day, saying he’s “denied access to any form of group recreation either indoor or outdoor; he is denied access to group education, he is not allowed to eat meals out of his cell; he is not permitted to participate in congregate religious services or jail programs.”
Attorneys write that Fucci will occasionally have a video call with family members and that he will meet with a member of his defense team a few times of month. It notes the defense team is trying to increase that to weekly visits to provide Fucci “some relief from the lengthy period of solitary confinement.”
The motion contends, according to the defense’s education, that Fucci is held in solitary confinement for threats against him within the jail — and previously for other reasons.
“It is not uncommon for Defendants held for pre-trial detention to be moved between county jails for safety where there is a threat of violence or other considerations,” the defense writes. “It is unknown why Child/Defendant Aiden Fucci is treated differently when a remedy absent tortuous conditions are available for his safety.”
According to the motion, the prosecution has refused efforts to resolve the issue via a negotiated plea. It says that the decision to keep Fucci in confinement has amounted to psychological punishment. On Tuesday, the State Attorney’s Office responded to what was in the motion that said the prosecution has refused many efforts to resolve this case via a negotiated plea, saying, “The state has not offered any term of years on the case.”