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Florida judge hears motions in child murder case

Tate in court on Friday

FORT LAUDERDALE, Florida (CNN) -- A judge is hearing motions Friday on whether he should reduce the penalty or order a new trial for 14-year-old Lionel Tate, convicted of first-degree murder and facing the possibility of life in prison.

Lionel appeared in court wearing khaki prison garb. He was briefly handcuffed to his chair, but at the defense's request, the judge allowed the handcuffs to be removed.

The defense argues the life sentence is too harsh for Lionel, who was 12 years old when he killed 6-year-old Tiffany Eunick in 1999. Lionel's attorneys say the death occurred accidentally when the 166-pound-boy tried out wrestling moves on the 48-pound girl.

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Prosecutors have argued Tiffany was beaten so brutally she suffered a fractured rib and skull and a lacerated liver, and they argue the life sentence must be imposed.

James Lewis, Lionel's attorney, has asked Broward County Judge Joel Lazarus to grant a new trial or reduce the charge for a lesser sentence.

"We have the ability here, now, to try to fix this," Lewis said. "We better take advantage of it or somebody better change some laws somewhere so that we're not put in this situation again down the road."

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Several of the jurors who convicted Lionel January 25 have also come forward to support a lighter sentence.

"I don't think the answer is throwing him in jail for the rest of his life," said Steve Dankner, one of the jurors who convicted Lionel, who testified Friday. "It doesn't benefit the child. It doesn't benefit society."

Lionel's mother turned down a plea bargain of three years in juvenile hall, one year house arrest and 10 years of probation and counseling. His mother, who is expected to testify at Friday's hearing, favors a reduced sentence.

Lazarus was expected to hear three motions Friday: bond, allowing Lionel to leave jail pending his appeal; the defense's request for a new trial; and reducing the charge to manslaughter, in effect reducing the penalty.

Sentencing for Lionel is scheduled for March 9.

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