Boy Serving Life Sentence Reoffered Plea Bargain

[Donutboy 0]

I'm sorry but I believe even at 12 years of age, you know the difference between right and wrong and when too much force can be deadly. This kid literally stomped a 6 year old to death and is now being offered a plea bargain that would release him from jail after serving only four years.

Boy Serving Life Sentence Is Reoffered Plea Bargain

By ABBY GOODNOUGH

Published: December 27, 2003

MIAMI, Dec. 26 — Prosecutors offered a plea bargain on Friday to the 16-year-old whose life sentence for kicking, slamming and stomping a 6-year-old to death was overturned this month. The agreement would require the teenager, Lionel Tate, who was 12 when he killed, to serve as few as four more weeks in prison.

His lawyers said Lionel and his mother were considering the deal.

"They are going to continue considering the offer," Lionel's lead lawyer, Richard Rosenbaum, said, adding that the deal had been in the works since shortly after Dec. 10, when an appeals court panel ordered a new trial.

The plea agreement is virtually identical to one that Lionel and his mother rejected before his trial in 2001 in the murder of the 6-year-old, Tiffany Eunick, who was visiting his house near Fort Lauderdale on July 28, 1999. Lionel was convicted of killing her by stomping on her 48-pound body so hard that her liver was lacerated and her skull cracked. His original lawyers said he had accidentally killed Tiffany while play wrestling. The appeals lawyers later said he had mistakenly leaped on her while bounding down a staircase.

Under the first offer, Lionel would have been in prison three years and would have been free by now. The state attorney in Broward County said that under both offers Lionel would plead guilty to second-degree murder and be sentenced to three years in a juvenile prison. The state attorney, Michael J. Satz, said in a statement that Lionel had served 33 months, suggesting he would be released in late March under the deal.

But Mr. Rosenbaum said Lionel, who is being held in the maximum-security Okeechobee juvenile jail, would probably receive credit for an additional two months he served in a county jail and be released late next month. The new deal would also require Lionel to spend a year under house arrest, be on probation for 10 years and obtain psychological help.

"I am very pleased that the state has extended the same offer," Mr. Rosenbaum said.

Rejection of the initial offer was a factor in the appeals ruling on Dec. 10 that found that Lionel's mental competency should have been evaluated before the trial. He was 14 when tried on murder charges. Supporters say Lionel did not understand the risk of going to trial, though others say he was acting on the advice of his mother, Kathleen Grossett-Tate, a state police trooper who insisted that Lionel was not guilty. Reached by telephone, Ms. Grossett-Tate declined to comment on Friday.

In Florida, a first-degree murder conviction requires a life sentence with no parole regardless of the defendant's age. Florida prosecutes more children as adults than any other state. Lionel is thought to be the youngest American to receive such a sentence, a circumstance that drew international attention to his case and to the thorny issue of treating juvenile offenders as adults.

Ms. Grossett-Tate met Pope John Paul II this year to ask his help in changing juvenile sentencing laws and moving Lionel out of prison.

Mr. Satz, the prosecutor, said in his statement he had consulted with Tiffany's mother, Deweese Eunick-Paul, before making his offer.

"Mrs. Eunick-Paul has a big heart and was willing to offer Lionel Tate the same opportunity that she agreed to three years ago before the trial," Mr. Satz said.

Mrs. Eunick-Paul has said that Lionel did not deserve a life sentence and that 10 to 20 years in prison might be enough. But the lawyer who prosecuted Lionel, Ken Padowitz, said this month that the trial had been fair and that Mrs. Eunick-Paul had been upset by the appeals court's reversal.

Mr. Padowitz did not return a call.

A spokesman for Mr. Satz, Ron Ishoy, said Mr. Satz had decided to reoffer the accord because "it was the right thing to do before the trial, and it's the right thing to do now." He said he did not know whether Gov. Jeb Bush had been consulted.

Lionel's lawyers had asked Mr. Bush for an expedited clemency hearing in case their appeal failed. But the governor delayed action during the appeal. He said this month that he would keep waiting while the court process continued. Mr. Bush, a Republican, would almost certainly face criticism whether or not he granted clemency.

Mr. Satz's statement said he was requesting a rehearing of the appeal, in case Lionel rejected his offer. That means if Lionel rejects the offer, the state can appeal the voiding of his conviction, delaying a new trial.

Mr. Rosenbaum said that in case Lionel did go to trial again he was assembling "a team of lawyers who would make the O. J. Simpson legal team look modest."

Boy Serving Life Sentence Is Reoffered Plea Bargain

[Ranger12 53]

I agree. My five year old son would even know better.

BTW, on your signature, are you making the assumption that just because Clark has medals, that makes him a better choice for President? If so, then I an alot of others I know better start their campaign. J/K. Trust me, not all decorated soldiers make the best leaders.

[CarolinaTiger 0]

that's a very uncaring, un-liberal stance you've taken there, DB.

[AUloggerhead 2,516]

I'm sorry but I believe even at 12 years of age, you know the difference between right and wrong and when too much force can be deadly. This kid literally stomped a 6 year old to death and is now being offered a plea bargain that would release him from jail after serving only four years.

...The agreement would require the teenager, Lionel Tate, who was 12 when he killed, to serve as few as four more weeks in prison.

His lawyers said Lionel and his mother were considering the deal.

"They are going to continue considering the offer," Lionel's lead lawyer, Richard Rosenbaum, said, adding that the deal had been in the works since shortly after Dec. 10, when an appeals court panel ordered a new trial.

The plea agreement is virtually identical to one that Lionel and his mother rejected before his trial in 2001 in the murder of the 6-year-old, Tiffany Eunick, who was visiting his house near Fort Lauderdale on July 28, 1999.

... Under the first offer, Lionel would have been in prison three years and would have been free by now. The state attorney in Broward County said that under both offers Lionel would plead guilty to second-degree murder and be sentenced to three years in a juvenile prison. The state attorney, Michael J. Satz, said in a statement that Lionel had served 33 months, suggesting he would be released in late March under the deal.

I always thought the defense team completely blew this one when they rejected the plea bargain the first time around. Now, they get the same deal with their client able to walk in about a month's time or less, ... and they have to consider the offer? Let's see, ... life in prison or out in 4 weeks, ... hmmm ... I have to think hard on this one.

This sounds to me like the lawyers are more interested in grandstanding than in serving their client's interest:

... Mr. Rosenbaum said that in case Lionel did go to trial again he was assembling "a team of lawyers who would make the O. J. Simpson legal team look modest."

[Donutboy 0]

that's a very uncaring, un-liberal stance you've taken there, DB.

CT,

I actually base most of my opinions on my own beliefs, not on some ideological opinion based on whether I'm a liberal or conservative. In this case, I don't think anyone could try and justify what that 12 year old did to that 6 year old. You don't crack someone's skull and split their spleen accidentally bounding down the stairs and four years in jail is an awful cheap price to put on that kid's life.

[Donutboy 0]

BTW, on your signature, are you making the assumption that just because Clark has medals, that makes him a better choice for President? If so, then I an alot of others I know better start their campaign.  J/K. Trust me, not all decorated soldiers make the best leaders.

No, it's supposed to be humor. Clark was born of humble beginnings and made himself what he is today. He finished first in his class at the United States Military Academy at West Point. He rose through the ranks of the military to become a Four-Star general. He actually served in Vietnam, winning many medals there. He successfully led our troops and was head of NATO troops in Bosnia, where not one single American life was lost. I could make a page of his accomplishments as a military leader but here's a link instead. Yes, he has his detractors and he can be an arrogant SOB but not one person has ever questioned his effectivenness as a leader. "Silver Stars"

I think we all know Bush's credentials in college and the military. What he got in private enterprise was largely handed to him due to his birth status and family ties. Even then, he had a habit of taking the money and running, leaving a company facing bankruptcy behind. The best you can possibly say about his military service is that he took a raincheck on it. Many call it desertion. "Silver Spoon"

[Ranger12 53]

So Bush's college degrees were handed to him? What is this about abandoning businesses? Heck if a business is losing money and I can't see a way to save it, I think we all would get out ASAP.

Again, medals earned in comat don't alwasy equal "great leader". Trust me, I have served under a few "decorated" officers that had to make you wonder how they got those medals. Sometimes those medals are earned not because of what you personally did, but what the men under your command did. Great leaders to make great men, but sometimes great men makes a leader look better then what he is. I am not saying Clark is one of those, but as a decorated soldier myself, I can care less about his medals, but more about his policies. Most of the time, veterans do support a military man when he runs for office, but also but for some reason, Clark seems to not have that much support with all the veterans I am in contact with on a regular basis. Main reason is because of the way he publicly criticized Bush about Iraq. As I have posted before, even when other veterans or current military personnel disagree with a current president's policy, they usually keep it amongst themselves and support the CIC and the troops anyway for unity and morale's sake. When Clark did that, he alienated alot of veterans. He should have known better.

[Tigermike 3,711]

He finished first in his class at the United States Military Academy at West Point. He rose through the ranks of the military to become a Four-Star general.

So did Douglas MacArthur one of the greatest military minds ever, but I wouldn't have wanted him to be President.

[Ranger12 53]

He finished first in his class at the United States Military Academy at West Point. He rose through the ranks of the military to become a Four-Star general.

So did Douglas MacArthur one of the greatest military minds ever, but I wouldn't have wanted him to be President.

Thank you for reinforcing my point. Patton was another great military leader, but would not have made a good president probably. Of course, some generals did make good presidents. Being a good general does not automatically translate in a good leader of the free world. Of course, Clark is nowhere near the general that Patton or McArthur was IMO anyway. I remember alot of my fellow conservatives wanting Gen. Powell to run in the last election and some still want him to eventually run. However, as much as I like Gen. Powell, I have serious doubts about him being a good president.

[TrueTiger 0]

I agree he should know better. If he don't, it all goes back to the parents.

WARR EAGLE