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| Lawyer Asks for Reduced Sentence for Teen |
| By Associated Press |
| Published: 03/10/2003 |
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A teenager convicted of killing a 6-year-old girl when he was 12 should be spared from life in prison because his behavior has greatly improved, the youth's lawyer told a state clemency board. Lionel Tate's attorney, Richard Rosenbaum, said he presented documents supporting his claim, including reports from psychologists, to the Office of Executive Clemency in Tallahassee. The board's answer is not expected for months. 'Lionel is not violent,' Rosenbaum said. 'He's like every other kid. Every now and then he talks back and misbehaves.' Defense attorneys claimed at Tate's trial that he killed the girl while imitating wrestling moves. But in an interview with ABC News' '20/20' to be aired Friday, Rosenbaum said Tate now says he accidentally killed Tiffany when he jumped on top of her as she lay at the bottom of a staircase. Rosenbaum said the boy was young and confused when he gave the wrestling account. He is appealing Tate's conviction. Tate, now 16, was disciplined 10 times in six weeks for violating rules in adult jail as he awaited sentencing in 2001. He was convicted as an adult of first-degree murder that year for the 1999 beating death of Tiffany Eunick. He was sentenced to life in prison without parole. Lawyer Ken Padowitz, who prosecuted the case and is now in private practice, said the boy should not be imprisoned for life if his behavior has improved. Tate's first clemency bid failed two years ago when Gov. Jeb Bush, who sits on the board, said Tate hadn't behaved well in state custody. Tate is at a maximum-security juvenile prison. Rosenbaum wants him moved to a lower-security facility while the board reviews the clemency request. Tate's discipline records have been sealed. The New York Times filed a motion to unseal the records, and argued its case Thursday. A decision is expected in a few weeks. |
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