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CNN Live Today
Second Chance for Lionel Tate, Could be Released Today
Aired January 26, 2004 - 10:14 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.
DARYN KAGAN, CNN ANCHOR: Just hours from now, Lionel Tate -- you remember that name -- will likely get a new lease on life. Nearly three years after a judge sentenced the Florida teenager to life in prison for the death of his 6-year-old playmate, Tate will be back in a courtroom today. It's for a bail hearing that is likely to set him free.
Our John Zarrella has been covering this case over the past three years, and he joins us from Fort Lauderdale.
John -- good morning.
JOHN ZARRELLA, CNN MIAMI BUREAU CHIEF: Good morning, Daryn.
Well, indeed, it has been three long years for Lionel Tate, his mother and his supporters who have been fighting for his release. He will be in court again today for that bond hearing beginning at 1:00. It could take a couple of hours.
It's expected -- although there is no guarantee -- that he will be released this afternoon from the Broward County Jail just behind courthouse here. He was taken from a juvenile facility a week or so ago and brought here to the jail here in Broward County.
Now, Lionel Tate, of course, was, when he was convicted, believed to be the youngest person in the United States serving a life without parole sentence. He will be turning 17 years old on Friday, which is the day after he will be going to court to enter a guilty to second- degree murder plea. That's part of the deal arranged for him to get this bond and to get out of jail early.
The attorney who represented him in his appeals, and ultimately won the appeal for Lionel Tate, says that between now and Thursday, they have a lot of work to do.
(BEGIN VIDEO CLIP)
RICHARD ROSENBAUM, ATTORNEY FOR LIONEL TATE: He's got a lot of things that we need to get done this week. Hopefully, he'll get the bond this afternoon. He'll be able to meet with doctors and with other people. We've got a lot of people to thank, and we'll be doing that telephonically on Wednesday. And then, Thursday we bring him back, so that he can change his plea and get sentenced and start on his sentence.
(END VIDEO CLIP) ZARRELLA: Now, Lionel Tate back in the original trial never actually pleaded guilty. He said from the start -- and his mother said from the start -- that they believed he was innocent in the death of tiffany Eunick, his 6-year-old playmate. He was acting out wrestling moves -- that was the defense that they had used back three years ago.
So, when he appears in court again on Thursday, this would be the first time -- if he does agree to second-degree murder -- that he will be admitting guilt in the case. And that says the man who prosecuted him three years ago is something they are waiting and expecting Lionel to be do.
(BEGIN VIDEO CLIP)
KEN PADOWITZ, PROSECUTED LIONEL TATE: We expect that Lionel Tate should take responsibility. And if he doesn't, then, again, he is making an error. He's making another mistake. He made a mistake in the murder. He obviously made a mistake in rejecting this exact plea deal three years ago.
And if he starts off, again, in freedom without accepting full responsibility for the homicide -- the 35 injuries that he caused on this little 6-year-old girl, who weighed three times less than he did -- then shame on him and shame on anyone who is trying to have him not accept full responsibility.
(END VIDEO CLIP)
ZARRELLA: Now, the deal will be that it is time served, the three years that he's already been in prison. It will be one year of house arrest and 10 years of probation which, ironically, Daryn, is the same deal he was offered three years ago at the start of the trial, which his mother and he refused -- Daryn.
KAGAN: And any reaction, John, from Tiffany Eunick's family?
ZARRELLA: Tiffany Eunick's mother has always said that the sentence was too stiff. She has been in agreement for a long time that Lionel should not serve life without parole. But she has also said she does want Lionel Tate to take responsibility for murder, and not to say that it was an accident -- Daryn.
KAGAN: John Zarrella in Florida, thank you for that.
Let's get some legal perspective through the eyes of an expert. And for that, we turn to former U.S. attorney Kendall Coffey, who happens to be in Miami.
Kendall -- good morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Daryn.
KAGAN: A lot of tragedy all the way around in this case -- of course, Tiffany Eunick losing her life, but also with Lionel Tate. As we just heard John say, even Tiffany Eunick's mother never thought that this was a boy who was meant to spend the rest of his life in prison.
COFFEY: This became one of those perfect storms of extremes, where a 12-year-old wound up sentenced for life in prison, where clearly he acted in a way that was illegal, but wasn't meaning to kill this little girl. In fact, she was a very close friend of his.
KAGAN: Well, and let's talk about how that perfect storm came to be. First of all, the law in Florida, once he was convicted, the judge -- his hands were tied in this case, right? He had -- the way the law is written he had to sentence Lionel Tate as he did.
COFFEY: Exactly. When Lionel Tate was prosecuted as an adult and convicted of first-degree murder, the judge's hands were tied. And one of the ironies of this case -- and while everyone is relieved that Lionel Tate will no longer be facing life in prison -- that none of the issues of Florida's very harsh prosecuting and sentencing of juvenile offenders is going to be changed not by a day of prison time.
KAGAN: So, nothing has changed. If the same type of situation happened today, it would play out the same way?
COFFEY: Exactly, Daryn. In other words, if Lionel Tate had refused this plea deal, based upon the appellate court's finding, if he went back to trial on first-degree murder and the jury convicted him, he would be back to life in prison. That's why it's so important that this plea deal was accepted and a much more just result is available for all concerned.
KAGAN: Well, and let's take it back to the beginning. This plea deal -- as we heard John report -- was on the table at the very beginning, and his mother rejected it. Is that a mother that didn't have the best interests of her son at heart, or a mother who just really believed her son was innocent?
COFFEY: Clearly, she had the best interests of her son at heart, but it's very hard for parents to accept that their child would do anything so terribly wrong. And to this day, she really doesn't believe that it was anything but an accident.
Thankfully, for all concerned, the mother of Tiffany, who went through a parent's worst nightmare, has been very, very frankly compassionate about the circumstances of Lionel Tate. And one thing is clear the way prosecutors work in the day and age, without the victim's support for this plea agreement, it would not have happened. And the support of Tiffany's mother for what the prosecutor is doing is essential to the fact that Lionel Tate will be walking out of prison this week.
KAGAN: Well, and that, for him today, is the lead story that he'll be walking out of prison. But what is he really agreeing to by agreeing to this plea agreement? He will be a convicted felon for the rest of his life. Is that right?
COFFEY: He will be a convicted felon, and he will have to stand up, presumably Thursday, and accept responsibility for second-degree murder. That doesn't mean that he meant to kill Tiffany, but it does mean that acted, as the law would say, with a depraved mind, acted outrageously, creating an imminent risk of death to the victim.
KAGAN: Kendall Coffey in Miami. Kendall, thank you.
COFFEY: Thanks, Daryn.
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 January 26, 2004 - 10:14 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: Just hours from now, Lionel Tate -- you remember that name -- will likely get a new lease on life. Nearly three years after a judge sentenced the Florida teenager to life in prison for the death of his 6-year-old playmate, Tate will be back in a courtroom today. It's for a bail hearing that is likely to set him free.
Our John Zarrella has been covering this case over the past three years, and he joins us from Fort Lauderdale.
John -- good morning.
JOHN ZARRELLA, CNN MIAMI BUREAU CHIEF: Good morning, Daryn.
Well, indeed, it has been three long years for Lionel Tate, his mother and his supporters who have been fighting for his release. He will be in court again today for that bond hearing beginning at 1:00. It could take a couple of hours.
It's expected -- although there is no guarantee -- that he will be released this afternoon from the Broward County Jail just behind courthouse here. He was taken from a juvenile facility a week or so ago and brought here to the jail here in Broward County.
Now, Lionel Tate, of course, was, when he was convicted, believed to be the youngest person in the United States serving a life without parole sentence. He will be turning 17 years old on Friday, which is the day after he will be going to court to enter a guilty to second- degree murder plea. That's part of the deal arranged for him to get this bond and to get out of jail early.
The attorney who represented him in his appeals, and ultimately won the appeal for Lionel Tate, says that between now and Thursday, they have a lot of work to do.
(BEGIN VIDEO CLIP)
RICHARD ROSENBAUM, ATTORNEY FOR LIONEL TATE: He's got a lot of things that we need to get done this week. Hopefully, he'll get the bond this afternoon. He'll be able to meet with doctors and with other people. We've got a lot of people to thank, and we'll be doing that telephonically on Wednesday. And then, Thursday we bring him back, so that he can change his plea and get sentenced and start on his sentence.
(END VIDEO CLIP) ZARRELLA: Now, Lionel Tate back in the original trial never actually pleaded guilty. He said from the start -- and his mother said from the start -- that they believed he was innocent in the death of tiffany Eunick, his 6-year-old playmate. He was acting out wrestling moves -- that was the defense that they had used back three years ago.
So, when he appears in court again on Thursday, this would be the first time -- if he does agree to second-degree murder -- that he will be admitting guilt in the case. And that says the man who prosecuted him three years ago is something they are waiting and expecting Lionel to be do.
(BEGIN VIDEO CLIP)
KEN PADOWITZ, PROSECUTED LIONEL TATE: We expect that Lionel Tate should take responsibility. And if he doesn't, then, again, he is making an error. He's making another mistake. He made a mistake in the murder. He obviously made a mistake in rejecting this exact plea deal three years ago.
And if he starts off, again, in freedom without accepting full responsibility for the homicide -- the 35 injuries that he caused on this little 6-year-old girl, who weighed three times less than he did -- then shame on him and shame on anyone who is trying to have him not accept full responsibility.
(END VIDEO CLIP)
ZARRELLA: Now, the deal will be that it is time served, the three years that he's already been in prison. It will be one year of house arrest and 10 years of probation which, ironically, Daryn, is the same deal he was offered three years ago at the start of the trial, which his mother and he refused -- Daryn.
KAGAN: And any reaction, John, from Tiffany Eunick's family?
ZARRELLA: Tiffany Eunick's mother has always said that the sentence was too stiff. She has been in agreement for a long time that Lionel should not serve life without parole. But she has also said she does want Lionel Tate to take responsibility for murder, and not to say that it was an accident -- Daryn.
KAGAN: John Zarrella in Florida, thank you for that.
Let's get some legal perspective through the eyes of an expert. And for that, we turn to former U.S. attorney Kendall Coffey, who happens to be in Miami.
Kendall -- good morning.
KENDALL COFFEY, CNN LEGAL ANALYST: Hey, good morning, Daryn.
KAGAN: A lot of tragedy all the way around in this case -- of course, Tiffany Eunick losing her life, but also with Lionel Tate. As we just heard John say, even Tiffany Eunick's mother never thought that this was a boy who was meant to spend the rest of his life in prison.
COFFEY: This became one of those perfect storms of extremes, where a 12-year-old wound up sentenced for life in prison, where clearly he acted in a way that was illegal, but wasn't meaning to kill this little girl. In fact, she was a very close friend of his.
KAGAN: Well, and let's talk about how that perfect storm came to be. First of all, the law in Florida, once he was convicted, the judge -- his hands were tied in this case, right? He had -- the way the law is written he had to sentence Lionel Tate as he did.
COFFEY: Exactly. When Lionel Tate was prosecuted as an adult and convicted of first-degree murder, the judge's hands were tied. And one of the ironies of this case -- and while everyone is relieved that Lionel Tate will no longer be facing life in prison -- that none of the issues of Florida's very harsh prosecuting and sentencing of juvenile offenders is going to be changed not by a day of prison time.
KAGAN: So, nothing has changed. If the same type of situation happened today, it would play out the same way?
COFFEY: Exactly, Daryn. In other words, if Lionel Tate had refused this plea deal, based upon the appellate court's finding, if he went back to trial on first-degree murder and the jury convicted him, he would be back to life in prison. That's why it's so important that this plea deal was accepted and a much more just result is available for all concerned.
KAGAN: Well, and let's take it back to the beginning. This plea deal -- as we heard John report -- was on the table at the very beginning, and his mother rejected it. Is that a mother that didn't have the best interests of her son at heart, or a mother who just really believed her son was innocent?
COFFEY: Clearly, she had the best interests of her son at heart, but it's very hard for parents to accept that their child would do anything so terribly wrong. And to this day, she really doesn't believe that it was anything but an accident.
Thankfully, for all concerned, the mother of Tiffany, who went through a parent's worst nightmare, has been very, very frankly compassionate about the circumstances of Lionel Tate. And one thing is clear the way prosecutors work in the day and age, without the victim's support for this plea agreement, it would not have happened. And the support of Tiffany's mother for what the prosecutor is doing is essential to the fact that Lionel Tate will be walking out of prison this week.
KAGAN: Well, and that, for him today, is the lead story that he'll be walking out of prison. But what is he really agreeing to by agreeing to this plea agreement? He will be a convicted felon for the rest of his life. Is that right?
COFFEY: He will be a convicted felon, and he will have to stand up, presumably Thursday, and accept responsibility for second-degree murder. That doesn't mean that he meant to kill Tiffany, but it does mean that acted, as the law would say, with a depraved mind, acted outrageously, creating an imminent risk of death to the victim.
KAGAN: Kendall Coffey in Miami. Kendall, thank you.
COFFEY: Thanks, Daryn.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com.
