Good Ruling!!

[Jeana (DP)]

WEST PALM BEACH, Fla. - Appellate judges ordered a new trial Wednesday for a teenager serving a life sentence for killing a 6-year-old playmate, raising questions about whether child murderers are competent to be tried as adults and locked away with no hope of parole.

The judges at the 4th District Court of Appeal ruled Wednesday that Lionel Tate's first-degree murder conviction and life sentence should be reversed because Tate's competency should have been evaluated before the trial. The boy's lawyers had claimed he was imitating pro wrestlers when he killed Tiffany Eunick in July 1999.


Tate's family turned down a plea bargain before the trial that would have given him a three-year sentence.


"A competency hearing should have been held particularly given the complexity of the legal proceedings" and Tate's age and known learning disabilities, the judges wrote in a nine-page ruling.


At a minimum, the court said, the judge had an obligation to ensure that Tate understood the plea offer and the possibility that he could get a life sentence if he rejected it.

Article at:

http://story.news.yahoo.com/news?tmpl=story&cid=519&ncid=519&e=8&u=/ap/20031210/ap_on_re_us/wrestling_death_4

[Jeana (DP)]

It doesn't say it in this snippet, but this boy was 12 years old at the time of the death. They gave him life in prison. I don't think I'm harddened enough that I'm willing to give up on a 12 year old and stuff him in prison for life for one stupid (yes VERY, VERY STUPID) mistake.

[Arielle]

I agree Jeana. I was reading this too and I was very sad for both kids and families. I can understand the little girl's family wanting "justice" done for their little girl, but I don't think taht life in prison for a stupid mistake in childhood is necessary. I hope he gets out with time served and counseling.

[Jeana (DP)]

Well all he's going to get now is a new trial. But, this will at least give the prosecutor time to come up with an offer for them to plead to a lesser charge, which it looks like they should have done the first time. If the jury could look this boy in the face when he was younger and give him life, now that he's 16, he doesn't want that to happen again. I think they should offer him something close to guilty of first degree manslaughter and, with time served, maybe only add a few years to his sentence, making him be released when he's 21 years old - PROVIDED he get counselling and job training while incarcerated.

[Casshew]

I wonder what made them think it was not an 'accident'

Gosh... you should see my sister's kids horsing around, I am always saying "Someone's going to get hurt" maybe there is more to it than we know... maybe this kid was in trouble before, hurt people before :dontknow:

Cass...

[Toth]

This 'wrestling' thing was probably concocted as a defense.
I've heard he has been a bit of a problem even in the juvenile detention center.

[Jeana (DP)]

Originally posted by Toth
This 'wrestling' thing was probably concocted as a defense.
I've heard he has been a bit of a problem even in the juvenile detention center.

I heard that too. I think he has impulse control problems, but hopefully can get help before he turns into a complete monster, which is what prison will teach him. I hope he can get some help.

[Amraann]

For some reason I recall that he was emotionally delayed, He was possibly mentally delayed as well.
ANother thing that bothers me is that HIS PARENTS refused the 3 year deal yet the child was prosecuted as an adult. Why was it left up to the parents to decline if he was being prosecuted as an adult?

[ajt400]

Originally posted by Jeana (DP)
It doesn't say it in this snippet, but this boy was 12 years old at the time of the death. They gave him life in prison. I don't think I'm harddened enough that I'm willing to give up on a 12 year old and stuff him in prison for life for one stupid (yes VERY, VERY STUPID) mistake.

Certainly, Jeana, if he is not hardened now, he will be once serving in a prison!