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American Morning

Court Hearing to be Held Today in Broward County for Lionel Tate

Aired January 26, 2004 - 09:12   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: In Florida, Lionel Tate is expected to walk free today. He's the teenager sentenced to life in prison for killing a 6-year-old playmate. Tate was 12 at the time. He's now aged 16. A court hearing is scheduled for later today.
And John Zarrella is live outside the courthouse there in Fort Lauderdale -- John, good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Good morning, Bill.

Lionel Tate was believed to be the youngest person in the United States serving a life without parole sentence. He's going to walk into the Broward County courthouse here today at one o'clock for his bond hearing. And for his mother and his supporters, this may be finally the end to the three year struggle for his freedom.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: The rule is clear...

ZARRELLA (voice-over): In the words of the attorney who prosecuted Lionel Tate, he is getting a "second bite at the apple."

KEN PADOWITZ, FORMER PROSECUTOR OF TEEN SENTENCED TO LIFE: He now has to stand up and take responsibility. If he wants to accept this plea deal, he has to plead guilty.

ZARRELLA: It will go like this. Tate, the teen who was a boy in 1999 when he killed his 6-year-old playmate, Tiffany Eunick, will likely walk out of jail this afternoon. He has served just three years of his life without parole sentence. Thursday, Tate will return to court and enter a guilty plea to second degree murder.

RICHARD ROSENBAUM, ATTORNEY OF TEEN SENTENCED TO LIFE IN PRISON: Lionel has done real well in jail. I mean I say real well, he's progressed, he's matured, he's now in the eleventh grade and he's ready to become a productive member of our society again.

ZARRELLA: The state decided not to retry Tate after an appeals court threw out his first degree murder conviction because he was never given a competency hearing before or during his trial. At trial, Tate's attorneys argued the death of Tiffany Eunick was an accident, that Lionel was imitating wrestling moves he'd seen on TV.

UNIDENTIFIED MALE: And can you show me how she hit, as best as you can remember. LIONEL TATE: It was like that. She hit like this.

ZARRELLA: Prosecutors argued it was a brutal killing. Tiffany had suffered dozens of injuries, from a fractured skull to a dislodged liver.

(END VIDEOTAPE)

ZARRELLA: Lionel and his mother always maintained his innocence, that it was an accident. On Thursday, when he comes back here to this court to plead guilty to second degree murder, it will be, in essence, the first time that Lionel Tate will be taking responsibility for the death of Tiffany Eunick. And, I ironically, the sentence that he will receive, three years served, that's time served already, 10 years probation, one year house arrest, is the same offer that was made to Lionel and his mother before his trial nearly three years ago -- Bill.

HEMMER: John, thanks.

John Zarrella watching that trial for us today.

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




Lionel Tate>


Aired January 26, 2004 - 09:12   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: In Florida, Lionel Tate is expected to walk free today. He's the teenager sentenced to life in prison for killing a 6-year-old playmate. Tate was 12 at the time. He's now aged 16. A court hearing is scheduled for later today.
And John Zarrella is live outside the courthouse there in Fort Lauderdale -- John, good morning.

JOHN ZARRELLA, CNN CORRESPONDENT: Good morning, Bill.

Lionel Tate was believed to be the youngest person in the United States serving a life without parole sentence. He's going to walk into the Broward County courthouse here today at one o'clock for his bond hearing. And for his mother and his supporters, this may be finally the end to the three year struggle for his freedom.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: The rule is clear...

ZARRELLA (voice-over): In the words of the attorney who prosecuted Lionel Tate, he is getting a "second bite at the apple."

KEN PADOWITZ, FORMER PROSECUTOR OF TEEN SENTENCED TO LIFE: He now has to stand up and take responsibility. If he wants to accept this plea deal, he has to plead guilty.

ZARRELLA: It will go like this. Tate, the teen who was a boy in 1999 when he killed his 6-year-old playmate, Tiffany Eunick, will likely walk out of jail this afternoon. He has served just three years of his life without parole sentence. Thursday, Tate will return to court and enter a guilty plea to second degree murder.

RICHARD ROSENBAUM, ATTORNEY OF TEEN SENTENCED TO LIFE IN PRISON: Lionel has done real well in jail. I mean I say real well, he's progressed, he's matured, he's now in the eleventh grade and he's ready to become a productive member of our society again.

ZARRELLA: The state decided not to retry Tate after an appeals court threw out his first degree murder conviction because he was never given a competency hearing before or during his trial. At trial, Tate's attorneys argued the death of Tiffany Eunick was an accident, that Lionel was imitating wrestling moves he'd seen on TV.

UNIDENTIFIED MALE: And can you show me how she hit, as best as you can remember. LIONEL TATE: It was like that. She hit like this.

ZARRELLA: Prosecutors argued it was a brutal killing. Tiffany had suffered dozens of injuries, from a fractured skull to a dislodged liver.

(END VIDEOTAPE)

ZARRELLA: Lionel and his mother always maintained his innocence, that it was an accident. On Thursday, when he comes back here to this court to plead guilty to second degree murder, it will be, in essence, the first time that Lionel Tate will be taking responsibility for the death of Tiffany Eunick. And, I ironically, the sentence that he will receive, three years served, that's time served already, 10 years probation, one year house arrest, is the same offer that was made to Lionel and his mother before his trial nearly three years ago -- Bill.

HEMMER: John, thanks.

John Zarrella watching that trial for us today.

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




Lionel Tate>