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CNN Live Saturday
Wrestling Death Case: Plea Bargain Offered
Aired December 27, 2003 - 12:44 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.
FREDRICKA WHITFIELD, CNN ANCHOR: In another high profile case involving children and the courts, 16-year-old Lionel Tate's murder conviction was overturned in the so-called Florida wrestling death case. Now, he must decide whether to accept a plea offer from prosecutors.
CNN's Susan Candiotti reports.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Prosecutors are offering the same plea deal rejected by Lionel Tate's mother before his trial for killing 6-year-old Tiffany Eunick. He was convicted of first-degree murder and sentenced to life without parole.
Tate's new lawyer says he's pleased.
RICHARO ROSENBAUM, LIONEL TATE'S ATTORNEY: Nothing I can say will diminish the fact that Tiffany's dead, and we grieve for the family over this. But there's no reason to throw a 12-year-old's life away for the rest of his life, where he could sit in jail 60, 70, 80 years.
CANDIOTTI: The offer, three years in juvenile prison, one year of house arrest, followed by 10 years of probation and community service.
But Tate's mother says her attorney is not happy her son is likely to plea to second-degree murder. She insists Tiffany's Eunick's death was accidental.
Tate was 12 when he killed neighbor Tiffany Eunick, thrashing her about like a rag doll, prosecutors argued. At trial, the defense insisted Lionel was play-wrestling.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Can you show me how she hit? As best as you as you can remember.
LIONEL TATE, CONVICTED OF MURDER: It was like -- she hit like this.
(END VIDEO CLIP)
CANDIOTTI: Prosecutors painted a more sinister picture and the trial judge agreed. UNIDENTIFIED MALE: The acts of Lionel Tate were not the acts borne out of immaturity. The acts of Lionel Tate were cold, callous and indescribably cruel.
CANDIOTTI: A new defense attorney has won a new trial by convincing an appeals court Tate should have been given a competency exam. An appeals court found Tate's low I.Q. and immaturity, obvious signals he should have been tested.
In a case that has come full circle, Tate's former prosecutor is now representing the victim's mother.
KEN PADOWITZ, FORMER PROSECUTOR: He now has to stand up and take responsibility. If he wants to accept this plea deal, he has to plead guilty.
CANDIOTTI (on camera): If Tate, now 16, takes the deal, the state predicts he could be out of prison in about three months, adding - quote - "it was the right thing to do before the trial. It's the right thing to do now."
Susan Candiotti, CNN, Miami.
(END VIDEOTAPE)
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 December 27, 2003 - 12:44 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDRICKA WHITFIELD, CNN ANCHOR: In another high profile case involving children and the courts, 16-year-old Lionel Tate's murder conviction was overturned in the so-called Florida wrestling death case. Now, he must decide whether to accept a plea offer from prosecutors.
CNN's Susan Candiotti reports.
(BEGIN VIDEOTAPE)
SUSAN CANDIOTTI, CNN CORRESPONDENT (voice-over): Prosecutors are offering the same plea deal rejected by Lionel Tate's mother before his trial for killing 6-year-old Tiffany Eunick. He was convicted of first-degree murder and sentenced to life without parole.
Tate's new lawyer says he's pleased.
RICHARO ROSENBAUM, LIONEL TATE'S ATTORNEY: Nothing I can say will diminish the fact that Tiffany's dead, and we grieve for the family over this. But there's no reason to throw a 12-year-old's life away for the rest of his life, where he could sit in jail 60, 70, 80 years.
CANDIOTTI: The offer, three years in juvenile prison, one year of house arrest, followed by 10 years of probation and community service.
But Tate's mother says her attorney is not happy her son is likely to plea to second-degree murder. She insists Tiffany's Eunick's death was accidental.
Tate was 12 when he killed neighbor Tiffany Eunick, thrashing her about like a rag doll, prosecutors argued. At trial, the defense insisted Lionel was play-wrestling.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Can you show me how she hit? As best as you as you can remember.
LIONEL TATE, CONVICTED OF MURDER: It was like -- she hit like this.
(END VIDEO CLIP)
CANDIOTTI: Prosecutors painted a more sinister picture and the trial judge agreed. UNIDENTIFIED MALE: The acts of Lionel Tate were not the acts borne out of immaturity. The acts of Lionel Tate were cold, callous and indescribably cruel.
CANDIOTTI: A new defense attorney has won a new trial by convincing an appeals court Tate should have been given a competency exam. An appeals court found Tate's low I.Q. and immaturity, obvious signals he should have been tested.
In a case that has come full circle, Tate's former prosecutor is now representing the victim's mother.
KEN PADOWITZ, FORMER PROSECUTOR: He now has to stand up and take responsibility. If he wants to accept this plea deal, he has to plead guilty.
CANDIOTTI (on camera): If Tate, now 16, takes the deal, the state predicts he could be out of prison in about three months, adding - quote - "it was the right thing to do before the trial. It's the right thing to do now."
Susan Candiotti, CNN, Miami.
(END VIDEOTAPE)
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
