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Judge says Aiden Fucci not entitled to a 12-person jury for murder charge

Aiden Fucci is accused of murdering his classmate 13-year-old Tristyn Bailey.

JACKSONVILLE, Fla. — The video above is from a recent report. 

A judge ruled Friday that Aiden Fucci is not entitled to a 12-person jury, therefore six jurors will decide his fate for the first-degree murder charge he currently faces.

Fucci is accused of murdering his classmate 13-year-old Tristyn Bailey.

The State Attorney's Office filed a motion earlier this week to impanel the six-person jury instead of 12 for Fucci's February trial. 

According to Florida law, 12 people should form a jury in all capital cases, but six people make up a jury for all other criminal cases. While Fucci is charged with first-degree murder, the motion argues that because he was 14-years-old at the time of Bailey's murder, it is not a capital case. The teen cannot receive the death penalty if he is found guilty, however, he can be sentenced to life in prison.  

Additionally, during Friday's hearing, the judge says anything the state plans to introduce from cellphones has to be presented to the defense first.

The state also agreed to crop one of the photos of the body during the trial, but 49 total photos of Bailey's body will be introduced as evidence. The total is down from more than 200 that were initially entered as evidence.

Jury selection for Fucci's trial begins on Feb. 6. 

Bailey was murdered in the Durbin Creek Neighborhood on May 9, 2021. She was stabbed 114 times. 

Fucci's legal team has previously filed to have the teen moved to a different facility as well as move his trial out of St. Johns County, both of which were denied. 

The brutality of the case, along with Fucci's eerie reaction after the fact -- posting Snapchats from the back of a squad car -- brought national attention to the crime.

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