Return to Transcripts main page

American Morning

Second Chance for Lionel Tate

Aired January 26, 2004 - 07:16   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.


BILL HEMMER, CNN ANCHOR: A Florida teenager, convicted of murder, sentenced to life without parole, is getting a second chance at freedom today. When he was 12 years young, Lionel Tate was convicted of beating 6-year-old Tiffany Eunick to death.
Last month that conviction was overturned. Now Tate, age 16, agreed to a plea deal that could free him from prison today.

A bit earlier, I talked with Tate's attorney, Richard Rosenbaum, along with Ken Padowitz. He prosecuted Tate and now represents the victim's family.

Rosenbaum met with Lionel Tate in the jail over the weekend, and I started by asking him how his young client is doing.

(BEGIN VIDEOTAPE)

RICHARD ROSENBAUM, ATTORNEY FOR LIONEL TATE: This is one happy child. He knows he's getting a second chance at life, and he's just very anxious to get out and to get his life going again. He's got a lot of things that we need to get 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.

HEMMER: Yes, the reports I get is that he's full of remorse. How is that relayed to you?

ROSENBAUM: Well, I know that Lionel had apologized to Deweese and her family some time ago, as had Kathleen. I've got to tell you that remorse and apologies are something that are private. They're not public and they're not meant for the media. Lionel wishes that this never happened. And I know that every single day he sits in that jail cell he's thought about Tiffany, and I'm sure that he'll think about Tiffany and her family every day for the rest of his life. So...

HEMMER: Mr. Padowitz, is that acceptable to Tiffany's mother?

KEN PADOWITZ, ATTORNEY FOR VICTIM'S FAMILY: Well, what is not acceptable is that Tiffany's mom has given her blessing to this plea deal, the second bite at the apple for Lionel Tate. And there has never been an acceptance of full responsibility for this murder. The most she has gotten is responsibility for an accident.

Now, I, as a prosecutor, found this was not an accident. Twelve people on the jury found this was not an accident. The judge at trial found it was not an accident. The defense expert at trial testified this was a homicide and not an accident. And even the appellate court found that this was a brutal slaying.

Tiffany's mom wants Lionel Tate to accept responsibility, not for an accident, but for a murder. That would be the first step, she feels, in his rehabilitation. And if he doesn't take that first step, then shame on Mr. Tate.

HEMMER: Mr. Rosenbaum, will that happen?

ROSENBAUM: Well, it's not going to happen the way Mr. Padowitz tries to lay out the rules. What is going to happen is that I'm going to speak for Lionel today. On Thursday, we're going to speak even more, and we're going to let everyone know how remorseful Lionel is for this entire situation.

Lionel never intended to kill this child. This was not premeditated, even though Mr. Padowitz sought a grand jury indictment of premeditated murder. Even he doesn't think that this was premeditated.

They were playing around. Something happened to Tiffany, and she was hurt, and Lionel did it. And that resulted in her death.

HEMMER: Mr. Padowitz, I take...

ROSENBAUM: Under the felony murder rule...

HEMMER: Yes.

ROSENBAUM: ... Lionel understands that that's why he was charged with felony murder.

HEMMER: Yes, I take it from your answer, Mr. Padowitz, this is far from over for Tiffany's family.

PADOWITZ: Oh, absolutely it's far from over. 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 -- that 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.

HEMMER: Mr. Rosenbaum, quickly here. Will anything be said this week that may satisfy Tiffany's mother the way Mr. Padowitz lays it out? ROSENBAUM: I think it will satisfy Tiffany's mother. Who knows if Mr. Padowitz can ever be satisfied? He may have his own agenda here.

But, yes, Tiffany's mother will be happy. Lionel will be happy to be out. The state is pleased with the plea. Mom is pleased with the plea. It's time for this to move forward.

(END VIDEOTAPE)

HEMMER: Lionel Tate's bond hearing is scheduled for later today, at 1:00 Eastern Time in Fort Lauderdale, Florida. Certainly, we'll cover it for you there and here on CNN.

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 - 07:16   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: A Florida teenager, convicted of murder, sentenced to life without parole, is getting a second chance at freedom today. When he was 12 years young, Lionel Tate was convicted of beating 6-year-old Tiffany Eunick to death.
Last month that conviction was overturned. Now Tate, age 16, agreed to a plea deal that could free him from prison today.

A bit earlier, I talked with Tate's attorney, Richard Rosenbaum, along with Ken Padowitz. He prosecuted Tate and now represents the victim's family.

Rosenbaum met with Lionel Tate in the jail over the weekend, and I started by asking him how his young client is doing.

(BEGIN VIDEOTAPE)

RICHARD ROSENBAUM, ATTORNEY FOR LIONEL TATE: This is one happy child. He knows he's getting a second chance at life, and he's just very anxious to get out and to get his life going again. He's got a lot of things that we need to get 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.

HEMMER: Yes, the reports I get is that he's full of remorse. How is that relayed to you?

ROSENBAUM: Well, I know that Lionel had apologized to Deweese and her family some time ago, as had Kathleen. I've got to tell you that remorse and apologies are something that are private. They're not public and they're not meant for the media. Lionel wishes that this never happened. And I know that every single day he sits in that jail cell he's thought about Tiffany, and I'm sure that he'll think about Tiffany and her family every day for the rest of his life. So...

HEMMER: Mr. Padowitz, is that acceptable to Tiffany's mother?

KEN PADOWITZ, ATTORNEY FOR VICTIM'S FAMILY: Well, what is not acceptable is that Tiffany's mom has given her blessing to this plea deal, the second bite at the apple for Lionel Tate. And there has never been an acceptance of full responsibility for this murder. The most she has gotten is responsibility for an accident.

Now, I, as a prosecutor, found this was not an accident. Twelve people on the jury found this was not an accident. The judge at trial found it was not an accident. The defense expert at trial testified this was a homicide and not an accident. And even the appellate court found that this was a brutal slaying.

Tiffany's mom wants Lionel Tate to accept responsibility, not for an accident, but for a murder. That would be the first step, she feels, in his rehabilitation. And if he doesn't take that first step, then shame on Mr. Tate.

HEMMER: Mr. Rosenbaum, will that happen?

ROSENBAUM: Well, it's not going to happen the way Mr. Padowitz tries to lay out the rules. What is going to happen is that I'm going to speak for Lionel today. On Thursday, we're going to speak even more, and we're going to let everyone know how remorseful Lionel is for this entire situation.

Lionel never intended to kill this child. This was not premeditated, even though Mr. Padowitz sought a grand jury indictment of premeditated murder. Even he doesn't think that this was premeditated.

They were playing around. Something happened to Tiffany, and she was hurt, and Lionel did it. And that resulted in her death.

HEMMER: Mr. Padowitz, I take...

ROSENBAUM: Under the felony murder rule...

HEMMER: Yes.

ROSENBAUM: ... Lionel understands that that's why he was charged with felony murder.

HEMMER: Yes, I take it from your answer, Mr. Padowitz, this is far from over for Tiffany's family.

PADOWITZ: Oh, absolutely it's far from over. 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 -- that 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.

HEMMER: Mr. Rosenbaum, quickly here. Will anything be said this week that may satisfy Tiffany's mother the way Mr. Padowitz lays it out? ROSENBAUM: I think it will satisfy Tiffany's mother. Who knows if Mr. Padowitz can ever be satisfied? He may have his own agenda here.

But, yes, Tiffany's mother will be happy. Lionel will be happy to be out. The state is pleased with the plea. Mom is pleased with the plea. It's time for this to move forward.

(END VIDEOTAPE)

HEMMER: Lionel Tate's bond hearing is scheduled for later today, at 1:00 Eastern Time in Fort Lauderdale, Florida. Certainly, we'll cover it for you there and here on CNN.

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