Florida Court Orders New Trial for Boy Serving Life Sentence

A Florida appeals court panel ordered a new trial on Wednesday for Lionel Tate, whose life prison sentence for murdering a playmate when he was 12 became an international rallying point against treating juvenile offenders as harshly as adults.

A three-judge panel of the Fourth District Court of Appeals reversed the conviction and life sentence of Lionel, now 16, on grounds that his mental competency should have been evaluated before his trial in 2001. The boy's lawyers had sought such an evaluation, though only after the conviction for first-degree murder, which in Florida requires a life sentence with no parole regardless of the defendant's age.

"This is as good as it gets, to get a do-over," one of Lionel's appeals lawyers, Cheryl Zickler, said on Wednesday. "We have more facts than we did the first time around. So this time, everyone will be much more informed."

The life sentence mobilized protesters who said no child should be locked away for life, no matter the crime. Lionel was convicted of killing Tiffany Eunick, 6, by stomping on her 48-pound body so forcefully that her liver lacerated. He is believed to be the youngest American to receive a life sentence.

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http://nytimes.com/2003/12/10/national/10CND-TATE.html?hp

IMHO, it is just ludicrous and shameful that children are treated as adults in the court system.

While I don't think it is right to treat children the same as adults I do think when the intentional actions of one child lead to the death of another serious consequences must be paid. This little monster brutally stomped to death a helpless 6 year old girl. I'm not exactly wearing my heart on my sleeve for him. This case is not about breaking a questionable law like...using drugs for instance. This also was not an accidental killing...like with a firearm going off when a couple of friends were palying with it...this is stone cold murder. If that were my daughter life in prison would be too good for that punk.

Was what he did awful? Yes, it was but there is no way you are going to convince me that he cannot be rehabilitated. I can understand that if it was your daughter you'd want that but that is why we use impartial judges and juries instead.

Welcome to DU!! :toast:

but life in prison? I don't think so. Where are the parents and what is their responsibility? Too often I see people bringing children in this world and turn them loose to raise themselves. I think if parents were held accountable to some degree for what their children do, more people would think twice about bringing them into this world.

I'm glad to see that somebody in Florida has some brains:)