Clemency plea says teen is no longer violent

Lionel Tate, who at 12 battered a child to death, has improved his behavior, says his lawyer.

©Associated Press
March 7, 2003

MIAMI -- A lawyer for killer Lionel Tate asked a state clemency board Thursday to shorten or throw out the teen's life sentence, saying the boy's improved behavior in juvenile detention shows he is not violent.

Attorney Richard Rosenbaum said he gave the Office of Executive Clemency in Tallahassee documents that support his claim, including reports from psychological experts and a letter from Tate's counselor.

Rosenbaum hopes the board, which is Gov. Jeb Bush and Cabinet members, gives Tate a full pardon or commutes his sentence to time served. The process is expected to take months.

Tate, now 16, was convicted as an adult in 2001 of the first-degree murder of 6-year-old Tiffany Eunick in 1999, when Tate was 12. The jury heard evidence that Tiffany, who Tate's mother was babysitting in Miramar, was repeatedly body-slammed by Tate as he imitated pro wrestling moves.

In an interview with ABC News' 20/20 to be aired today, Rosenbaum said Tate no longer claims he accidentally killed Tiffany while imitating a wrestler. Tate now says the girl lay at the bottom of a staircase and he accidentally jumped on her as he walked down. Tate weighed more than 160 pounds; Tiffany, about 50.

Rosenbaum told ABC News that Tate provided the previous account of Tiffany's death because he was young and confused. Rosenbaum declined to comment to the AP Thursday.

But Tate's prosecutor, Ken Padowitz, said Thursday that experts for both sides at Tate's trial agreed that Tiffany's death was not accidental. Tate's latest version of the events is his fourth, he added.

But Padowitz, who is now in private practice, agreed that the boy's youth should have been considered when he was sentenced to life without parole. He also said Tate shouldn't be imprisoned for life if his behavior has improved. Tiffany's mother, Deweese Eunick, told the South Florida Sun-Sentinel this week that she agreed.

A counselor with the state Department of Juvenile Justice recommended that Tate would be better rehabilitated if his sentence were reduced, Rosenbaum said. Department spokeswoman Catherine Arnold said she could not comment.

Tate's first bid for clemency failed two years ago. Bush said Tate hadn't behaved well in state custody.

In 2001, during six weeks in adult jail before sentencing, Tate was disciplined 10 times. He now is at a maximum-security juvenile prison in Okeechobee.

"The governor and Cabinet will thoroughly review and evenhandedly consider his clemency request," Bush spokeswoman Alia Faraj said Thursday. She declined further comment.

Since his transfer to a juvenile facility, Rosenbaum said, Tate's behavior has improved dramatically.

"Lionel is not violent," Rosenbaum said. "He's like every other kid. Every now and then he talks back and misbehaves."

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