U.S. Court Frees Teen Jailed for Killing Playmate
Lionel Tate, who was tried and convicted as an adult for first-degree murder in the death of 6-year-old Tiffany Eunick in July 1999, was released on his own recognizance three days before a hearing at which he will plead guilty to a lesser charge of second-degree murder.
Tate, now 16, was 12 when his playmate died and 14 when he was sentenced to life, a mandatory punishment in Florida for a first-degree murder conviction.
His lawyer, Richard Rosenbaum, told a crowd of journalists after a 10-minute hearing in Fort Lauderdale that Tate could not speak for legal reasons ahead of his next court appearance.
"For now Lionel wants to go home, he wants to feel his pillow, he wants to sleep in his own bed, and (for) his mom to cook, to make him his favorite meal tonight," he said.
Tate was ordered released by Broward Circuit Judge Joel Lazarus, the same judge who sent him to prison for life.
He came out of jail holding his mother's hand, dressed in jeans and casual shirt, and surrounded by supporters who raised their arms in a victory salute.
He will have to wear an electronic monitor so that authorities can track his movements at least until the new court hearing.
An appellate court in December granted him a new trial, ruling that he should have been evaluated to determine if despite his young age he was competent to consult lawyers and understand the legal proceedings against him.
Prosecutors then offered Tate the same deal he rejected before his trial -- three years in prison, a year of house arrest and 10 years of probation in return for a guilty plea to second-degree murder. He has already served the three years.
He returns to court on Thursday to plead guilty to second-degree murder, the sentence agreed to by Deweese Eunick-Paul, the mother of the murdered girl. ------------TAKE RESPONSIBILITY----------
Eunick-Paul and her lawyer, Ken Padowitz, called on Tate to take responsibility for murder when he pleads guilty, rather than calling Tiffany's death an accident as Tate's mother has repeatedly said in the past.
"Tiffany was savagely beaten to death ... he just beat a little girl to death," Eunick-Paul said.
Tiffany Eunick suffered the fatal injuries during a visit to Tate's home in Pembroke Park, Florida, a Fort Lauderdale suburb, on July 28, 1999.
Medical experts testified that the girl's skull was fractured and part of her liver detached. The jury was shown large autopsy photographs of her contusions, fractures and other injuries.
Tate's lawyers' argument -- that the her death occurred because the boy was imitating moves he saw on televised professional wrestling -- drew national attention. The defense tried unsuccessfully to subpoena professional wrestlers, including Dwayne "The Rock" Johnson, to testify.
Tate, a heavyset boy, weighed about three times Eunick's 48 pounds (22 kg).