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Sentencing proceeds for boy facing life term

Judge denies request to determine 14-year-old's mental competency

Fourteen-year-old Lionel Tate listens during a sentence hearing in Ft. Lauderdale, Florida, on Friday

FT. LAUDERDALE, Florida (CNN) -- Defense attorneys came before a Florida judge on Friday to try to avoid a life sentence for a 14-year-old boy convicted of murdering a 6-year-old girl when he was 12.

A jury convicted Lionel Tate of killing Tiffany Eunick while the 166-pound boy was practicing professional wrestling moves on the 48-pound girl.

Broward County Judge Joel Lazarus denied defense requests to review transcripts of the grand jury hearing that indicted Lionel Tate on a charge of first-degree murder, as well as a defense request to determine Tate's mental competency.

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Tried as an adult, Tate faced a mandatory life sentence under Florida law.

The boy's defense argued that Tate killed the girl accidentally.

"All of us involved in the defense do not believe that Lionel intentionally meant to kill or to harm Tiffany," said defense attorney Jim Lewis. "We just don't believe it."

But the prosecution argued Tiffany died as a result of a brutal, sustained attack, and wanted the judge to sentence Lionel to the mandatory life sentence. The victim's father agreed.

"We need to be protected from Lionel Tate," said Mark James, Tiffany's father. "That's why I'm asking the court to go ahead and render the justice, which is life imprisonment."

Prosecutor offers to help seek clemency

The prosecution had offered a plea deal for three years in juvenile hall, one year of house arrest and 10 years of probation and counseling. Lionel's mother, Kathalean Grossett-Tate, rejected the offer.

Lionel's attorneys tried to convince the judge that the boy's sentence should be reduced in part because he and his mother never understood the ramifications of rejecting the deal and going to trial.

"It's what we call the nightmare scenario," said Lewis. "We seem to be going down that tunnel, and if somebody somewhere, either this judge or an appellate judge, doesn't stand up and stop it, we're going to have a great miscarriage of justice."

Lionel's case has drawn widespread public outcry. Several jurors who convicted him of murder have come forward to support a lighter sentence.

Though prosecutors are arguing for the mandatory sentence, they have said they would not be opposed to a commutation of that sentence by Gov. Jeb Bush. One prosecutor has offered to help seek clemency for Lionel once he is sentenced.

Attorneys argue prison fate of convicted teen murderer
March 2, 2001
Florida judge hears motions in child murder case
February 23, 2001
Defense to appeal boy's murder conviction in 'wrestling death'
January 26, 2001
Jury finds teen guilty of first-degree murder in Florida wrestling death
January 25, 2001

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