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CNN Live Today

Life Sentence for 12-Year-Old Murderer Appealed

Aired September 02, 2003 - 10:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


HEIDI COLLINS, ANCHOR: We begin this hour with Lionel Tate, a boy who was barely into his teens when he was sentenced to life in prison. He said he'd killed a much smaller playmate by accident. But even some of those who rejected his claims feel the punishment was too severe.
CNN's Miami bureau chief John Zarrella explains.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Life without parole. Lionel Tate was only 14 years old when on March 9, 2001, Judge Joe Lazarus imposed the mandatory.

JUDGE JOE LAZARAS, JUDGE IN LIONEL TATE TRIAL: Having been found guilty of murder in the first degree in the death of Tiffany Eunick, you're sentenced to incarceration for your natural life.

ZARRELLA: Tate's mother was baby-sitting the victim, 6-year-old Tiffany Eunick, but was upstairs napping when the girl was killed.

Throughout the trial, the defense maintained it was an accident, that Lionel was play acting wrestling moves he saw on TV when Tiffany hit her head.

UNIDENTIFIED MALE: You first drove each other back this way, then you throw each other forward.

LIONEL TATE, CONVICTED MURDERER: Yes, sir.

ZARRELLA: The defense entered a tape showing Lionel with a psychiatrist, reenacting what happened.

UNIDENTIFIED MALE: She hit this like this?

TATE: Yes, sir.

UNIDENTIFIED MALE: Can you show me how she hit this, as best as you can remember?

TATE: She hit like this.

ZARRELLA: The defense also showed a commercial featuring a wrestler, arguing Tate didn't understand the difference between television and actual violence.

But given the physical evidence and severity of the injuries to Tiffany Eunick, internal bruises, broken ribs, a shredded liver, the jurors did not buy the defense.

UNIDENTIFIED FEMALE: The defendant is guilty of murder in the first degree, as charged in the indictment.

ZARRELLA: Tate's conviction brought immediate calls for leniency. One juror testified at a pre-sentencing hearing...

UNIDENTIFIED MALE: I think we made the right verdict. I just don't think the sentencing is proper for a child.

ZARRELLA: The life sentence might never have been imposed. During the trial, Tate and his mother were offered a plea deal: three years in a juvenile home, one year house arrest, and ten years probation and counseling. The offer was rejected. Later, Lionel's mother said she always believed her son would be acquitted.

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

COLLINS: And John Zarrella is inside the courtroom right now for the proceeding. He will join us by phone, just as soon as that is hearing is over.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired September 2, 2003 - 10:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HEIDI COLLINS, ANCHOR: We begin this hour with Lionel Tate, a boy who was barely into his teens when he was sentenced to life in prison. He said he'd killed a much smaller playmate by accident. But even some of those who rejected his claims feel the punishment was too severe.
CNN's Miami bureau chief John Zarrella explains.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): Life without parole. Lionel Tate was only 14 years old when on March 9, 2001, Judge Joe Lazarus imposed the mandatory.

JUDGE JOE LAZARAS, JUDGE IN LIONEL TATE TRIAL: Having been found guilty of murder in the first degree in the death of Tiffany Eunick, you're sentenced to incarceration for your natural life.

ZARRELLA: Tate's mother was baby-sitting the victim, 6-year-old Tiffany Eunick, but was upstairs napping when the girl was killed.

Throughout the trial, the defense maintained it was an accident, that Lionel was play acting wrestling moves he saw on TV when Tiffany hit her head.

UNIDENTIFIED MALE: You first drove each other back this way, then you throw each other forward.

LIONEL TATE, CONVICTED MURDERER: Yes, sir.

ZARRELLA: The defense entered a tape showing Lionel with a psychiatrist, reenacting what happened.

UNIDENTIFIED MALE: She hit this like this?

TATE: Yes, sir.

UNIDENTIFIED MALE: Can you show me how she hit this, as best as you can remember?

TATE: She hit like this.

ZARRELLA: The defense also showed a commercial featuring a wrestler, arguing Tate didn't understand the difference between television and actual violence.

But given the physical evidence and severity of the injuries to Tiffany Eunick, internal bruises, broken ribs, a shredded liver, the jurors did not buy the defense.

UNIDENTIFIED FEMALE: The defendant is guilty of murder in the first degree, as charged in the indictment.

ZARRELLA: Tate's conviction brought immediate calls for leniency. One juror testified at a pre-sentencing hearing...

UNIDENTIFIED MALE: I think we made the right verdict. I just don't think the sentencing is proper for a child.

ZARRELLA: The life sentence might never have been imposed. During the trial, Tate and his mother were offered a plea deal: three years in a juvenile home, one year house arrest, and ten years probation and counseling. The offer was rejected. Later, Lionel's mother said she always believed her son would be acquitted.

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

COLLINS: And John Zarrella is inside the courtroom right now for the proceeding. He will join us by phone, just as soon as that is hearing is over.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com