Return to Transcripts main page
American Morning
Investigating Florida Teen Killers
Aired May 16, 2001 - 09:22 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: Jurors begin a third day of deliberations today in the case of a Florida teen accused of killing his English teacher. A panel of nine women and three men are deciding the fate of 14-year-old Nathaniel Brazill. He has admitted shooting his middle school teacher last May, but the defense says it was an accident. The teen is being tried as an adult. He faces life in prison if convicted of first-degree murder.
Juveniles being sentenced to life behind bars is a controversial issue. Joining us today, live, from Davie, Florida is Ken Padowitz. He is assistant state attorney at the Broward State Attorney's Office. He was a prosecutor in the case against teenager Lionel Tate, you'll remember that from earlier this year. He was sentenced to life in prison for first-degree murder.
Mr. Padowitz, good morning, thanks for joining us.
KEN PADOWITZ, FLORIDA ASSISTANT STATE ATTORNEY: Good morning.
KAGAN: First, if you can explain for us living outside of Florida, how the law works and the situation that you, as a prosecutor and the prosecutor in this case, find yourself in this type of situation, if you believe that first-degree murder charges are warranted?
PADOWITZ: Well if we feel that first-degree murder charges are warranted we present the case to a grand jury. They listen to the evidence and they have some choices to make. They can choose to indict for first-degree murder or second-degree murder as an adult or they can recommend that the individual be prosecuted as a juvenile in juvenile court.
In this instance, the grand jury obviously came back with an indictment for first-degree murder as an adult. And that places the prosecutor in a position of getting ready and gearing up for a trial for a first-degree murderer as an adult. The sentence for such a crime, if there is a conviction, is life in prison with no possibility of parole.
KAGAN: Right. Now a lot of people during the Lionel Tate case, and in this case currently, feel that this is no way to be treating 14-year-old boys -- that that doesn't serve society, that doesn't serve justice. As a prosecutor, are you to not take that into consideration when you are thinking of the charges and presenting it to the grand jury?
PADOWITZ: Well, the foremost point in the mind of a prosecutor is the victim and the victim's family. That's where the focus should be.
The second focus should be protecting society from individuals that are willing to do the actions and take a gun, load a gun, tell people that you're going to be on the front page of the newspaper, go back to school and shoot someone between the eyes. If that person is in fact convicted of first-degree murder, I don't think too many people want to be living next door to that individual unless they've properly been rehabilitated and have shown that they should be allowed back into society.
KAGAN: Take us to the next step, how this works through the justice system into the courtroom. When you're presenting your case to the jury and the defense is presenting its side of the story, you're not supposed to bring up to the jury what would happen to this young man if he's convicted, is that right? The jury is not to consider the sentence when thinking about to convict or not to convict.
PADOWITZ: That's correct. And in fact, in the Lionel Tate case, which I prosecuted here in Fort Lauderdale, the jury did not know and was not aware of what the sentence would be if they came back with a conviction of first-degree murder.
KAGAN: But in this one, because it's so close to the Lionel Tate case and because that one got so much publicity, there's a good chance that this jury does know what will happen to Nathaniel Brazill if he's convicted of first-degree murder.
PADOWITZ: Exactly. In fact, I would be very surprised if every single member of that jury in Palm Beach was not very aware that if they came back with a verdict of first-degree murder that would carry a life sentence.
KAGAN: in this case, this jury -- the Brazill jury does have other options besides first-degree murder.
PADOWITZ: Yes, they clearly have other options. And I think that is what they're probably debating right now is what degree of crime this defendant committed. I think the evidence is very, very strong in favor of a first-degree murder but, obviously, it must be weighing heavily in the minds of these jurors what the sentence would be if they came back with such a verdict.
I think there should be some changes in the law in Florida and judges should be given discretion as to what to sentence juveniles who are prosecuted as adults in a first-degree murder case.
KAGAN: And, in fact, in your case -- in the case of Lionel Tate, the story didn't end with the verdict. There was a lot of outcry afterwards, even heard from the governor of Florida. What is his status and what's the status of that case right now? PADOWITZ: Well, Lionel Tate has been convicted of first-degree murder and he was sentenced to life in prison. I've made it very clear all along, not only for my plea offer of three years in a juvenile facility followed by 10 years of probation, which was rejected, but after the conviction, I made it clear that I was in favor of the governor granting a clemency and having some hope at the end of the tunnel for Lionel Tate to rehabilitate himself and become a productive member of the community once again.
KAGAN: And where does that stand right now?
PADOWITZ: At this point, we're waiting for the defense to file their motion to the governor asking and requesting a clemency hearing. And I've been told by the defense that that's coming sometime in the next few weeks.
KAGAN: We will look for that.
Ken Padowitz, thank you so much for joining us. Appreciate your insight into this case.
PADOWITZ: Thank you very much.
KAGAN: Thanks for being with us.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
