Posted on 12/29/2003 2:02:53 PM PST by Indy Pendance
WEST PALM BEACH, Fla. (AP) -- A teenager whose life sentence for murdering a 6-year-old playmate was recently overturned "is inclined" to accept a plea deal that would release him from a juvenile detention center early next year, a lawyer advising the teen and his mother said Monday.
"The plea is not being rejected," attorney Henry Hunter said. He said attorneys were still working out two procedural matters and declined to speculate when Lionel Tate might accept the offer.
Tate, 16, was convicted of first-degree murder and sentenced to life in prison without parole, but a state appellate court threw out the conviction and sentence earlier this month, saying his mental competency should have been tested before trial.
The plea bargain offered Friday would let Tate plead guilty to second-degree murder and receive a sentence of three years in prison, of which he has already served 33 months. He would serve three more months in prison, followed by a year of house arrest and 10 years probation.
Tate, who was 12 at the time of the girl's death in July 1999, remains in a juvenile detention center.
Hunter said Tate's mother, Kathleen Grossett-Tate, would prefer that her son be allowed to plead guilty to manslaughter instead of second-degree murder. Still, he said, both Tate and his mother were happy about the offer.
"She has some apprehension but she misses her baby," Hunter said. "We're excited for Lionel, one way or another."
Although the state attorney general's office says it supports the efforts to resolve the case, the office said it would ask the appellate court on Monday to reconsider its ruling in case Tate rejects the plea offer. Monday is the deadline to appeal.
Earlier Monday, Richard Rosenbaum, Tate's appellate attorney, said "you would have to be a fool" to pass up the plea bargain.
Rosenbaum said on NBC's "Today" show that Tate "is willing to take responsibility for being involved in this incident," but he declined to say whether his client would accept the plea offer.
Rosenbaum insisted Monday that Tiffany Eunick's death was an accident, although he has previously dismissed claims at Tate's trial that the boy accidentally killed the girl while imitating professional wrestling moves he had seen on television.
In March, Tate changed his story and said he accidentally killed Tiffany when he jumped on top of her as she lay at the bottom of a staircase while his mother was baby sitting the girl at her apartment. Tate weighed 160 pounds; Tiffany weighed about 50.
Experts testified at Tate's trial that Tiffany died of a fractured skull and lacerated liver, injuries consistent with a beating.
What a lovely Kwanzaaa gift.
/sarcasm
I'll bet that his victim's Mom feels the same way.
Regardless of "sentence" that murderers get and what is highly publicized, the average actual time served in prison for murder in the United States is 96 months. (Bureau of Justice Statistics - Trends in State Parole 1999-2000)
I think Lionel should fight! Fight it to the bitter end. Fight Lionel, fight!
are you freakin nuts ?????
Don't listen to 'cars', Lionel! You have to fight! Don't let them railroad you into a plea agreement. Force the prosecuters to give you another trial by jury, that's the ticket! You and your mom almost had them convinced it was an accident last time, until that nasty judge gave you life in prison without parole. That probably won't happen again in a million years, so fight!
http://www.newscentral.tv/
A Florida teen who stomped and kicked a playmate to death is expected to walk out of jail this week. The move comes three years after he became the youngest defendant in the country to be locked away for life. Supporters say Lionel Tate recognizes that the reversal of his first-degree murder conviction will be his only second chance. Tate will be on probation for ten years -- and with his 18th birthday only a year away, another mistake would bring anything but leniency. Under the terms of a new plea agreement, Tate will plead guilty to second-degree murder for the death of Tiffany Eunick. For admitting his guilt, he'll receive credit for the three years served. Tate is expected to be released tomorrow after the judge sets bond.
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