For now, jury selection is still scheduled to begin Monday in the murder trial of Aiden Fucci, the teen accused of killing 13-year-old Tristyn Bailey.
, asking for a delay of his trial and saying she is appealing the judge’s order for a six-member jury to the Fifth District Court of Appeal.and reject Fucci’s defense attorney’s motion for a 12-member jury.
During a pretrial hearing Wednesday afternoon, Fucci’s lawyer argued the issue is going to be taken up by the Fifth DCA, so the stay should be granted. “The court in Pool sided with a defense because they said that it’s not up to the prosecutor or the trial judge to determine who gets a 12-person jury,” criminal defense attorney Lee Lockett, who is not affiliated with the case, told News4JAX. “The challenge, though, that the defense is going to have on appeal, I suspect, is that Walling is more on point because it dealt with a juvenile case versus these other cases that the defense is bringing forth, which I think have good merit to them.
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