jacksonville, florida – The defense attorney for teenage Aiden Futch, who is charged with the murder of 13-year-old Tristin Bailey, has filed a motion requesting the court to transfer his client’s pretrial custody rights.
Attorneys are eyeing 29 points in the complaint filed Friday, which they hope will move the client away from John. E. Good pretrial detention facilities in Duval County. The document states that Futch has been “in solitary confinement” for over 400 days, with the exception that he was among the public for 129 days.
The Duval County Jail says Futch is being held in solitary confinement 24 hours a day and “denied access to any form of group recreation, indoor or outdoor.” He is denied access to group education and is not allowed to eat outside his cell. He is not allowed to participate in collective religious services or prison programs. ”
His attorney wrote that Futch will occasionally video call with his family and will meet with members of his legal team several times a month. The defense team says Futch is trying to increase that to weekly visits to provide “freedom from a long period of solitary confinement.”
According to the defense team’s education, the motion alleges that Futch is being held in solitary confinement for threats against him while in prison.
“It is not uncommon for defendants held for pretrial detention to move between county jails for safety when there is a threat of violence or other considerations,” the defense wrote. It is unclear why child/defendant Aiden Futch would be treated differently when tortuous and unconditional remedies are available for the safety of
According to the motion, the prosecution rejected efforts to resolve the issue through negotiated pleas. He said the decision to imprison Futch amounted to psychological punishment.
The defense is asking the court to review the list of issues and set the issues for an evidence hearing.
We asked Jacksonville attorney Randy Leap, who was not involved in the lawsuit, for his thoughts on the allegations.
“You’ll likely find that telling the executive branch how to proceed is beyond what judges can do,” Leap told News4JAX. “The judge’s job is to make sure the court is handled properly. He’s probably not going to come from behind the bench and rule that the sheriff should do it a certain way. ”
Futch be charged with first-degree murder for the murder of Bailey, his schoolmate.she was Found dead after being stabbed to death on Mother’s Day last year At Durbin Crossing, less than half a mile from Futch’s house in the neighborhood where Bailey also lived.
Futch was 14 at the time of his arrest, but is being tried as an adult. If convicted of his crime, he could spend the rest of his life in prison. Since he was a minor at the time of the crime, he is not eligible for the death penalty. He is in Duval County Jail because St. Johns County Jail does not have a juvenile wing.
Fucci’s status hearing will take place on December 2nd. His probationary period could be released by then. It is scheduled to start in February.
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https://www.news4jax.com/news/local/2022/11/22/aiden-fucci-teen-accused-of-killing-tristyn-bailey-wants-transfer-from-duval-county-jail/ Aiden Fucci, teenager accused of killing Tristyn Bailey, wants transfer from Duval County Jail