WEST PALM BEACH, Fla. "” Prosecutors said Friday they would offer Lionel Tate (search) a plea bargain that could mean almost immediate freedom for the boy whose murder conviction and life sentence for the slaying of a 6-year-old playmate were thrown out earlier this month.
The deal is identical to one Tate and his mother rejected in 2001, before he went to trial.
Richard Rosenbaum (search), Tate's appellate attorney, said he expects his client to make a decision "in the next couple of weeks." He said he spoke to Tate Friday afternoon but declined to discuss their conversation.
Tate, now 16, beat 6-year-old Tiffany Eunick (search) to death when he was 12, claiming he accidentally killed her while imitating pro wrestling moves he had seen on television.
He was tried as an adult, convicted of first-degree murder and received an automatic life-without-parole sentence in a case that led to international criticism of Florida's tough handling of juveniles who kill.
The plea bargain would let Tate plead guilty to second-degree murder and receive a sentence of three years in prison, of which he has already served 33 months, Broward State Attorney Michael J. Satz said in a statement.
That would be followed by a year under house arrest and 10 years of probation. Tate would also have to undergo psychological treatment.
Rosenbaum said the offer would mean Tate could be released from prison on or near Jan. 25.
"I believe this is the best offer and the only way to get something better would be to go to trial and to win," Rosenbaum said. But he stressed that it's up to Tate to decide whether to accept the offer.
Two weeks ago, an appeals court threw out Tate's conviction, saying his mental competency should have been evaluated before the trial. The judges expressed concern about Tate's apparent immaturity and possible misunderstanding of the plea bargain.
If he had accepted the plea bargain, he could have been out of prison 10 months ago.
The appeals court left it to prosecutors to decide whether to retry him.
Tate's sentence in January 2001 drew international criticism as his mother and supporters brought the case to a U.N. human rights meeting in Geneva and Pope John Paul II in Rome. Florida prosecutes more children as adults than any other state.
I'm falling into a trap that alot of people fall into. When I grew up, the PARENTS were responsible. I would have NEVER done what this fat azz did, I knew the difference -- oh sure, a punch a kick etc. no big deal.
Once again, relying on the Government to be the father (tate was and is fatherless by the way).
Dave, I believe the jugement was overturned on appeal and to avoid a new trial this plea bargain was offered.
I think it is a shame and totally disregards the rights of the victim and society. This kid is a killer and will to some degree repeat this type of behavior. This is a feather in his cap in his social surrounding.
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Now you have to picture a combination of PeeWEE Herman and Wally Cox but with less muscle tone, trying to be intimidating None of this is funny! Message edited by Cougar Mag -- 1/7/2005 1:16:42 AM >/b]
well first of if it was my daughter that was sadisticaly beat to death there never would have been a trial except maybe my own,, secondly this child killer is no worse than any other adult that has killed he knew what he was about to do and also most likely new his fat arse would do some serious injury to a little girl half his age and size like you fng i also saw that interview it made me sick,, but i guess its just another case of the family values going to hell in a hand bag ,,,[:@][:@][:@] well my 2cents worth
I do not believe that this kid meant to do this. However, some sort of negative sanctions must be imposed, probably in the form of some juvenile prison time at the very least. Second, the parents MUST be heald accountable for not pointing out the fact that wrestling and other stupid TV acts are fake and dangerous to attempt in the real world. I also believe that alot of volunteer work might be appropriate, along with some very restrictive probation.
Prosecutors said the 180-pound Tate "” who was 12 years old at the time "” inflicted brutal injuries on the 48-pound Tiffany, leaving 35 wounds, including a fractured skull, a lacerated liver, a broken rib, internal hemorrhaging and cuts and bruises.
Quote:
Prosecutors sought a first-degree conviction because Tiffany's injuries were so severe, they were consistent with a fall off a three-story building. "This was a continued beating with fists and feet," said prosecutor Ken Padowitz. "Lionel Tate used his body as a weapon."
I can't imagine what that little girl must have been going through in the moments leading up to her death. She had to be screaming, obviously in pain, at least in the beginning, until the point of unconsciousness. I don't know any 12-year-old who wouldn't be able to understand what he was doing, and stop!
Quote:
"How do you tell a child you're going to prison for the rest of your life for playing?" she testified.
(Statement by the mother)
"Playing"?!! How incredibly sad that there are so many children being raised by morons!
Should he serve life? Probably not. He does need to serve time. He needs to be held accountable for his actions. And he definitely needs extensive therapy and careful monitoring after release.
This whole situation is tragic.
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I thought all writers drank to excess and beat their wives. You know one time I secretly wanted to be a writer.---C.K. Dexter Haven
Parents of normal children do not need to guide their children away from this "behavior." His actions were criminal and were no accident, not by any stretch of the imagination. If you read the account of the killing that becomes extremely clear.
This child (now a man) is defective and a danger to society and perhaps himself.
Young killer may go free...right or wrong?
