Freshly Squeezed True Crime

#30, Lionel Tate

• Suhailly Nieves • Season 1 • Episode 30

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SPEAKER_02

This is Freshly Squeeze True Crime, a Florida only True Crime podcast. I'm Sumi, and before we get to this week's juicy episode, I ask you to visit the website at fsccpodcast.com where you'll find all of our social media platforms as well as the newest episodes. And also find us on YouTube where we would like you to follow us, subscribe, share it, do all the things. So pour yourself a tall glass of orange juice and let me tell you a story.

SPEAKER_00

Since the establishment of the first juvenile court in Cook County, Illinois in 1899, states have recognized that children who commit crimes are different from adults. As a class, they are less blameworthy and they have a greater capacity for change. By the mid-1920s, every state in the country had established a separate system of criminal justice designated to acknowledge those differences called the juvenile justice system. The juvenile justice system has grown and changed substantially since 1899. Originally, the court process was informal, often nothing more than conversation between the youth and the judge, and the defendant lacked legal representation. Proceedings were conducted behind closed doors with little public or community awareness of how the juvenile court operated or what happened to the children who appeared before it. Rather than confine young adults in jails with adults, the early juvenile courts created a probation system and separate rehabilitation and treatment facilities to provide minors with supervision, guidance, and education. The lack of formal process and constitutional due process in the juvenile justice system and potential for substantial deprivations of children's liberty through extensive periods of incarceration, even in juvenile facilities, came to light in the landmark 1967 U.S. Supreme Court decision. In Gult, the U.S. Supreme Court determined that the Constitution requires that youth charged with delinquency in juvenile court have many of the same due process rights guaranteed to adults accused of crimes, including the right to an attorney and the right to confront witnesses against them. Following GULT, the Supreme Court extended additional constitutional rights to youth, including the right to have the charges against them proven beyond a reasonable doubt, and the right against double jeopardy. In 1971, the Supreme Court ruled that youth were not entitled to jury trials in juvenile court, but several states have judiciously or legislatively elected to provide youth a right to jury trial. Following this shift to ensure process in juvenile court proceedings, an increase in juvenile crime rates in the late 1980s and early 1990s prompted legislators to adopt tough on-crime policies, depriving certain youth of the juvenile justice system's protections. States enacted mechanisms to move youth from juvenile to adult criminal court for trial and punishment. In some cases, these new laws settled children with the most severe sentences, death and life without the possibility of parole. Many of the new state laws also exposed youth to the dangers and potential abuses attributed to incarceration with adult offenders, much like they had experienced before the creation of the original juvenile court more than a century earlier. Since the 1990s, juvenile crime rates have steadily decreased, yet the harsh penalties of the 1990s remain in many states. With this shift, key distinctive and rehabilitative approaches of the juvenile justice system have been lost to the more severe consequences attended to criminal justice system involvement. Today's juvenile justice system still maintains rehabilitation as its primary goal and distinguishes itself from the criminal justice system in important ways. With few exceptions, in most states, delinquency is defined as the commission of a criminal act by a child who was under the age of 18 at the time. Most states also allow youth to remain under the supervision of a juvenile court until age 21. In lieu of prison, juvenile court judges draw from a range of legal opinions to meet both the safety needs of the public and the treatment needs of the youth. Although youth may be confined in juvenile correctional facilities that too often resemble adult prisons and jails routinely imposing correctional practices such as solitary confinement, surp searches, and the use of chemical and mechanical restraints. Youth are entitled to educational programming while incarcerated. Educational and therapeutic programming may be provided in the child's community or the child may be placed out of the home in a residential treatment program in order to attend school on the grounds. Unlike adult criminal proceedings, juvenile court hearings are often closed to members of the public, and records in some states remain confidential, protecting children from stigma and collateral consequences when their records are publicly available. However, juvenile records have increasingly become more accessible and in most jurisdictions are not automatically sealed or expunged when the adult person becomes an adult. This creates barriers to obtaining employment, serving in the military, or enrolling in higher educational programs. In recent years, research by the MacArthur Foundation Research Network on Adolescent Development and Juvenile Justice led many states and courts to view juvenile crimes and juvenile justice through a specific scientific lens. Developmental psychologically, which demonstrated youth's developmental immaturity, particularly susceptible to negative peer influences and a capacity for change and rehabilitation, is supported by neuroscience, which has shown that key areas of the adolescent brain continue to develop until the mid-20s. This research has forced constitutional changes in how youth are sentenced when prosecuted in the criminal justice system, as well as required the adoption of new rules and standards for law enforcement, interrogation of youth, youth's competency to standard trial, and the reliability of youth confessions, amongst other things. Since 1975, juvenile law centers have worked to ensure that youth who are involved in the juvenile justice system have robust and meaningful rights, access to education, and developmentally appropriate treatment, and opportunities to become healthy and productive adults. Juvenile law centers work towards a world that affirms the unique and developmentally distinct qualities of youth, guarantees fair and equitable treatment, and ensures opportunities for successful adulthood? At what age should teenagers be charged as adults? Does conviction of your teenagers in adult criminal court serve any deterrent purpose? Do juveniles incarcerated in the adult criminal justice system recidivate at a higher rate than similar youth in the juvenile system? What are conditions and services like in the adult prison system? Why are minority children disapproportionately represented in the adult criminal justice system? Are juveniles competent to stand trial in the adult court and or aid in their own defense? Is a juvenile court effective in rehabilitating juveniles? Should rehabilitation be an issue when a juvenile is charged with a serious offense? What role should rehabilitation play in a case where a juvenile is adjudicated to have committed a very serious criminal offense? Should prosecutors have unfeathered discretion in charging young defendants as adults? Should the felony murder doctrine apply to juvenile defendants? And at whose discretion does a defense lawyer representing a very young defendant act the child client or the parents? Lionel Alexander Tate was born on January 30th, 1987 in Florida. He grew up in a neighborhood in Broward County. Lionel's mother, Kathleen Grosset Tate, worked as a state trooper. She played a significant role in his early life and was often protective of him. His father, John, never played much of a role in the son's life after his divorce from Tate's mother. As a child, Lionel showed interest in professional wrestling. He often watched wrestling shows on television. This interest would later come into play during a tragic event in his young life. He was known to be physically active and was heavier than many children his age. Lionel faced challenges in school. He had a reputation for being a bully and was involved in conflicts with other children. His behavior often drew attention and concern from teachers and his parents. Despite this, he had a close group of friends. When Lionel was 12, he was left with a six-year-old girl named Tiffany Eunick who was being babysat by his mother. This situation would lead to a tragic incident that changed the course of his life forever. On July 28, 1999, Kathleen Grosset Tate was babysitting six-year-old Stephanie Eunuch in her Pembroke Park, Florida home. Later that evening, Grossette Tate went upstairs for a nap and left Eunuch in the care of her 12-year-old son Lionel Tate. Grosset Tate said the children were watching television when she went upstairs. As reported by the Sun Sentinel, Grossa Tate was a member of a U.S. Army Reserve and had worked late the prior evening. As she was still tired, she made sure the children had dinner, then planned to take a short nap. Shortly after laying down, Grosette Tate said she could hear the children running up down the stairs. Although she asked them to be quiet, they continued running around and making noise. At some point, Lionel blamed Eunic for making the noise, prompting Girls at Tate to yell downstairs that she would quote, beat her butt, end quote, if she did not settle down and be quiet. According to Sun Sentinel, Groset Tate said she heard an unusual noise which sounded like someone was in distress. When she asked Lionel what was wrong, he said Eunu was laying on the floor and moaning, as she assured the girl was simply having a nightmare. Grosset Tate went back to bed. Sun Sentinel reports Grossa Tate insisted she was not aware Tiffany Eunick was injured until authorities began questioning her son about the wounds. According to Tampa Bay Times, Lionel Tate initially said he was trying out professional wrestling moves, which he saw on television on the little girl. However, he insisted he did not intend to kill her. He later admitted he jumped from the staircase and the injuries were inflicted when he landed on the six-year-old girl. The injuries Tiffany suffered were serious. She had multiple fractures, including a fractured skull and broken ribs. The coroner's report indicated that the cause of death was blunt force trauma, specifically noting that the force was so great that her liver was lacerated. This resulted in injuries consistent with falling from a significant height, not typical of playful behavior. According to the medical examiner, this beating would have lasted for about five minutes and was carried out with a lot of rage. It should be noted that this was not the first time Tate was having issues with aggression and some serious issues with being violent. Before Tiffany, Lionel had been suspended from school 15 times for being rowdy and bullying others. He had also shown other problems that had not been addressed. For example, he liked to steal and lie, he didn't play well with others and would occasionally fight with kids from school and his neighborhood. Tate was arrested on the same day and the case quickly went to trial. The prosecution portrayed his actions as intentional and violent, while Tate's defense argued that he had not meant to kill Tiffany. They claimed it was an accident due to his immaturity and the influence of professional wrestling. However, the evidence presented by the prosecution established that the nature of Tiffany's injuries suggested a deliberate and brutal assault rather than an unfortunate accident. On August 11, 1999, a grand jury indicted 12-year-old Tate on a charge of first-degree murder. They also determined he would be charged as an adult. Six months later, prior to the beginning of Tate's trial, prosecutor Ten Pedowski offered Tate a plea agreement in which he would plead guilty to second-degree murder. In exchange for the guilty plea, Sun Sentinel reports Tate would be sentenced to the three years in juvenile detention facility, followed by one year of house arrest. However, Tate's mother rejected the offer, thinking they could win this case, and her son would maintain a clear record. The most heartbreaking moment of the trial had to be when a Tate video of Tate reenacting the incident was shown in court. In the video, Tate shows a defense psychiatrist what he was doing to Tiffany minutes before she died. Tiffany's mother couldn't help but shed tears as she watched the video. However, the prosecution claimed that the video was played out thanks to assistance from Joel Class, the defense psychiatrist. He had coached Tate on what to say and act before they recorded the demonstration. The video was brought to court by the defense in order to argue the point that Tate was suffering from a wrestling addiction. But the prosecution wasn't amused with this angle that the defense was taking, especially the prosecutor. However, this defense that was led by attorney Jim Lewis claimed that the fatal incident was purely accidental. Lewis argued that this was an accident. It was not something that had a motive to it. According to Lewis, Lionel must surely have developed an obsession without knowing it. Why you ask? Because he was too immature to realize this. He had no idea that practicing life-threatening wrestling moves on a defenseless 48-pound girl could cost her her life. Tate weighed about 170 pounds at the time, over three times her body weight. It was stated that he would have no idea how powerful and impactful his punches were. On March 9, 2001, Tate, who was 14 at the time, received a verdict that included charges of both felony murder predicated upon the commission of aggravated child abuse and premeditated murder. The judge imposed a life sentence without the possibility of parole, making Tate the youngest person in U.S. history to receive such a sentence. This ruling drew significant media attention and discussion about the treatment of juvenile offenders in the legal system. The case was prosecuted by assistant state attorney Kenneth Padowitz, a member of Broward County's homicide division. Padowitz argued that the severity of Tiffany Eunick's injuries was inconsistent with an accidental fall or rough housing, emphasizing that the beating lasted for several minutes. He sought to demonstrate that Tay's actions met the legal standards for first-degree murder, despite his age, making the trial one of the youngest homicide prosecutions in U.S. history. In sentencing Tate to life imprisonment, Joel T. Lazarus of Broward County Circuit Court said, quote, The acts of Lionel Tate were not the playful acts of a child. The acts of Lionel Tate were cold, callous, and indescribably cruel. Dwayne Johnson, who performed as the rock, was subpoenaed on March 3, 2000. Florida statutes require the jury to convict Tate of first-degree murder, even if the jury did not believe that he intended to kill or injured anyone. All that was required was that Tate knowingly abused another child who died as a result. As any intentional act that could reasonably be suspected to result in physical injury to a child is child abuse per Florida statutes. The rule for such convictions is known as the felony murder rule. The sufficient conditions of the felony murder rule were listed by the judge Jol T. Lazarus during sentencing. Therefore, Tate was sentenced to life in prison without the prosecution having to prove that he intended to kill or injure, or realized that his acts are likely to kill or injure, or even that a typical child of his age would or should realize this. Critics such as the various groups listed in the amicus brief attached to Tate's appeal assert that convicting children under 14 of first-degree murder without having to prove these children intended any harm, not to mention serious injury or death, is unacceptable. The sentence was controversial because Tate was 12 years old at the time of the murder and his victim was 6. He was the youngest person in modern U.S. history to be sentenced to life imprisonment, bringing broad criticism on the treatment of juvenile offenders in the justice system of the state of Florida. Nearly everyone involved in this case, Lionel's mother, his defense attorney, the prosecutor, and even a juror, say things should not have turned out this way, but they said little or nothing could have been done to prevent it. At first, Lionel had hundreds of supporters who took some comfort in Governor Jeb Bush's promise to consider clemency, but the demonstrations were over and the governor had raised no further hope of a reprieve. After the conviction, the prosecution openly joined Tate's plea for leniency and sentencing and even offered to help in his appeal. The trial judge criticized the prosecution for compromising the integrity of the adversarial system and said that if the prosecution felt that life imprisonment was not warranted, they should not have charged him with murder in the first place. Tate's attorneys argued that this sentence was cruel and unusual for a defendant so young. They say lawmakers did not intend for the murder law under which he was sentenced to apply to children who kill. They contend, too, that Lionel was too young to help make crucial decisions in his defense. They cite, for example, his mother's decision to turn down the prosecution's offer to let him plead guilty to manslaughter and serve a three years in juvenile detention and a year of house arrest and ten years probation. They also say no other juvenile in Florida has received so harsh a sentence for killing another child. Even the prosecutor, Ken Padowicks, said the sentence should be reduced. Quote, what I think we should have in a civilized society for a 12 year old who is condemned. Convicted of the heinous and horrible crime, such as the one here, is some hope of rehabilitation to be able to come out into the community as a productive member of society, said Padowitz, who is now in private practice. Padawitz said he had been caught between a juvenile system that would have been too lenient and an adult system which was too harsh. On January 26, 2004, a state appeals court overturned his conviction on the basis that his mental capacity had not been evaluated before the trial. This opened the way for Tate to accept the same plea deal he originally turned down, and he was released on one year's house arrest and ten years probation. The case was never a whodunit. It was what should happen to Tate, especially after the following findings. At trial, neuropsychologist Dr. Mittenberg testified that Tate had a mental delay of about three to four years, which means that Lionel has an age equivalent of 9 or 10 years old. It is undisputed that Tate's IQ is approximately 90. Dr. Joel Klass, a child psychiatrist, testified for the defense at the trial that Tate had the social maturity of a six-year-old and delays in inferential thinking. Dr. Sherry Berg Carter, called by the state as a rebuttal witness, likewise acknowledged Tate's immaturity. Tampa Bay Times reported Tate was arrested in September of that year for possession of a pocket knife, which was a violation of his probation when police found him a few blocks from his house at 2 a.m. Although he was not sent back to prison, Tate had five years added to his probation by Judge Joel Lazarus and was warned that he would be jailed if he violated his probation again. Then, in May of 2005, he was arrested and charged in another serious crime. On May 23, 2005, Tate was charged with armed burglary, battery, armed robbery, and violation of probation, the Broward County Sheriff's Office said. Tate threatened Donald's pizza delivery man, Walter Ernest Galardo, with a handgun outside a friend's apartment after phoning in an order. Galardo dropped the four pizzas and fled the scene. Tate then re-entered the apartment, assaulting the occupant who did not want Tate inside. Galardo called 911 upon reaching the Domino store and returned to identify Tate, the sheriff's office said in a statement, but no gun was recovered. On March 1, 2006, Tate accepted a plea bargain and was to be sentenced to 30 years' imprisonment in a sentencing hearing in April 2006. Tate admitted that he had violated probation by possessing a gun during the May 23rd violent robbery, but he refused to answer questions about where he got and later disposed of a gun. He was allowed to withdraw his guilty plea for robbery, but was finally sentenced to 30 years in prison on May 18, 2006 for violating probation. During the sentence, the judge stated, Lionel Tate, you have run out of chances. On October 24, 2007, Florida's 4th District Court of Appeals upheld that sentence. On February 19, 2008, Tate bled no contest to the robbery and was sentenced to 10 years in state prison. The sentence ran concurrently with his 30-year sentence for violating his probation. Tate is currently in prison serving his time and is not happy about it. To this day, he claims that he was innocent and not involved in the pizza robbery case at all. He argues that it was another man who looked exactly like him who had committed the robbery. Could it be a case of mistaken identity? Perhaps. However, one of his close friends who was interviewed by the police made a statement that he clearly saw Lionel commit the robbery. Tate is DC number L24475 and currently imprisoned at the Santa Rosa Correctional Institution with a current release date of May 1, 2030. Eunick's death had sparked fury and controversy. The lawyer for Lionel Tate, James Lewis, was sued by the WWF, allegedly that the attorneys and others have conspired to damage the WWF's image. The World Wrestling Federation then filed the 10-count libel suit on November 9, 2000, against Lewis and the Parents Television Council in the United States District Court for the Southern District of New York, claiming that the PTC's statements were false and constituted defamation. The World Wrestling Federation also filed a copyright infringement lawsuit against the PTC for using clips from WWF programs in their promotional videos. The PTC filed for dismissal of the suit, but on May 24, 2001, U.S. District Court Judge Denny Chin denied the PTC's motion on the basis that the WWF's lawsuit had merit. The PTC and WWF settled out of court and as part of the settlement agreement, the PTC paid the WWF $3.5 million. L. Brent Basel III issued a public apology, stating that it was wrong to blame the World Wrestling Federation or any of its programs for the deaths of children, and that the original statements had been based on what was later found to be false information, designed by people close to Tate blaming his cousin's death on the WWE. In conclusion, this case involves a single parent household, a troubled boy, and the reality that the environment in which Lionel Tate was raised was undoubtedly a factor in how he came about bringing fatal harm to Tiffany Eunuch. And this is not an isolated case, albeit perhaps the most extreme example. John Tate's interminant presence in his son's life is arguably the most important element in the Lionel Tate story. And I find it infuriating that the press has not zero in on it. Juvenile justice experts warn that Tate should never have been released from juvenile prison and should have received professional help long ago, given his emotional unstable condition. At the very least, the sad saga of Lionel Tate offers three valuable lessons. 1. Lionel Tate's family failed him. No matter how you slice it, this young man's parents, divorced or not, neglected their primary responsibilities to ensure that he grew up into a decent, law-abiding citizen. To say the way he turned out is a poor reflection on them is an understatement. In fact, if it was up to me, Lionel, John, and Kathleen should be sharing the same prison cell. 2. The local black leadership failed him. Newspaper outlets previously took the media hogging black community activist hypocrites to task for simply mugging in front of their TV cameras with their public pledge to help Tate turn his life around after his release from juvenile prison. Not surprisingly, they left this troubled kid high and dry after the camera stopped rolling. They got their 15 minutes of notoriety out of the Tate story and then promptly left young Lionel in the dusk while he sank into even more trouble. 3 and more importantly, Lionel Tate failed himself. His parents arguably criminal neglect and profiting community activists notwithstanding, Lionel Tate let himself down in the final analysis. He was given a second chance opportunity to rebuild his life in the aftermath over a horrible accident that left an innocent six-year-old girl dead. Tephany Eunick got no second chance, Lionel Tate did, and he blew it. Burying any last-minute appeals or a change of heart from the judge, young Lionel Tate is going to have to wait 30 years for his second chance to come around. As reported by the Florida Department of Corrections, he will not be eligible for release until January 18, 2031. At the time, Tate will be 42 years old.

SPEAKER_01

This episode was squeezed to perfection. First few squeezes, hosted and written by me, Susan Haley, and executive produced by Ebony. So thirsty and need more? Visit us at fstpodcast.com for links to all our social media handles, including YouTube. Want to keep the juice flowing? Make a donation by buying us a glass. And as always, cheers.