Chicago Tribune, Thurs Dec 11; page 12 -------------------- Court: 12 too young for life in prison -------------------- By Paula McMahon, Tribune Newspapers South Florida Sun-Sentinel December 11, 2003 FT. LAUDERDALE -- A Florida appeals court on Wednesday reversed Lionel Tate's first-degree murder conviction and life sentence. Tate, now 16, was convicted as an adult for the 1999 beating death of 6-year-old Tiffany Eunick. He was 12 at the time of the slaying and is believed to be the youngest person in the U.S. in modern times to have been sentenced to life in prison. The case raised national and international controversy about prosecuting children as adults and locking them up for life without a chance of parole. Because of Tate's "extremely young age," his immaturity and the fact that the murder charge was his first arrest, a Fourth District Court of Appeal panel ruled the trial judge should have ordered tests to check whether the youth was competent to stand trial. Legal experts predict the decision will affect future cases involving the prosecution of children as adults because judges cannot assume that a young defendant understands what is going on. But it is not expected to have any effect on another prominent South Florida case, Nathaniel Brazill's second-degree murder conviction and 28-year prison sentence for shooting teacher Barry Grunow in a Lake Worth school. Earlier this year, the same appeals court upheld Brazill's conviction for the shooting when he was 13. Tate and his mother are ecstatic about the decision, said Tate's appeals lawyer Richard Rosenbaum. Former Broward County prosecutor Ken Padowitz, who tried the case but is now in private practice and represents the victim's mother, Deweese Eunick-Paul, said they both are disappointed by the decision. Padowitz said he would have preferred it if the appeals court had affirmed the conviction and then the governor reduced the sentence to "something more appropriate." He has supported defense efforts to persuade Gov. Jeb Bush to grant clemency. What will happen next is uncertain. The possibilities include asking the appeals court to reconsider its ruling, appealing the decision to a higher court, going back to Broward Circuit Court for a new trial, or trying to reach a plea deal. Rosenbaum said he hopes prosecutors will again offer to let Tate plead guilty to second-degree murder in exchange for a sentence of three years in a juvenile detention facility, followed by a year of house arrest, 10 years of probation, psychological tests and 1,000 hours of community service. The prosecutor offered that plea agreement to Tate before trial but Tate's mother, Kathleen Grossett-Tate, and his trial attorney, Jim Lewis, rejected it. Had Tate taken the deal, he would have been eligible for release 10 months ago. The evidence at trial showed Tiffany was brutally slain, suffering as many as 35 injuries. And all of the witnesses, prosecution and defense, rejected the defense argument that Tate accidentally hurt Tiffany while mimicking pro wrestlers or play fighting.