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Court Hears Appeal of 12-Year-Old Killer
By JILL BARTON
WEST PALM BEACH, Fla. (AP) - Appellate judges hearing the case of Lionel Tate, who is serving a life sentence for killing a friend when he was 12, questioned on Tuesday whether some children might be too young to be locked away with no hope of parole.
Tate's attorney, Richard Rosenbaum, argued before the state 4th District Court of Appeal that the boy was too immature to understand what was at stake when he was sentenced to life without parole two years ago.
Judge Fred A. Hazouri asked what's to stop state prosecutors from charging a 6-year-old with murder if the child gets angry at a Little League game, picks up a bat and kills a teammate.
``At what point do we say as a society that that is just too young?'' Hazouri said.
Assistant State Attorney Debra Rescigno did not answer what age would provide a reasonable cut off for a murder conviction.
She said Tate's life sentence was deserved because he horrifically beat Tiffany Eunick for more than five minutes, strangling her, jumping and stomping on her and slamming her into a metal pole.
Tate killed 6-year-old Tiffany in 1999 while his mother baby-sat the girl in their home. Tate's attorneys said at trial that he accidentally killed Tiffany while imitating professional wrestling moves he'd seen on television.
Tate was convicted of first-degree murder as an adult and sentenced to life without parole as state law requires. He's now 16 and living in a maximum-security juvenile prison.
His lawyers have requested clemency from the governor and the state's elected Cabinet, who make up the clemency board.
Court Hears Appeal of 12-Year-Old Killer
By JILL BARTON
WEST PALM BEACH, Fla. (AP) - Appellate judges hearing the case of Lionel Tate, who is serving a life sentence for killing a friend when he was 12, questioned on Tuesday whether some children might be too young to be locked away with no hope of parole.
Tate's attorney, Richard Rosenbaum, argued before the state 4th District Court of Appeal that the boy was too immature to understand what was at stake when he was sentenced to life without parole two years ago.
Judge Fred A. Hazouri asked what's to stop state prosecutors from charging a 6-year-old with murder if the child gets angry at a Little League game, picks up a bat and kills a teammate.
``At what point do we say as a society that that is just too young?'' Hazouri said.
Assistant State Attorney Debra Rescigno did not answer what age would provide a reasonable cut off for a murder conviction.
She said Tate's life sentence was deserved because he horrifically beat Tiffany Eunick for more than five minutes, strangling her, jumping and stomping on her and slamming her into a metal pole.
Tate killed 6-year-old Tiffany in 1999 while his mother baby-sat the girl in their home. Tate's attorneys said at trial that he accidentally killed Tiffany while imitating professional wrestling moves he'd seen on television.
Tate was convicted of first-degree murder as an adult and sentenced to life without parole as state law requires. He's now 16 and living in a maximum-security juvenile prison.
His lawyers have requested clemency from the governor and the state's elected Cabinet, who make up the clemency board.