- The Washington Times - Tuesday, May 24, 2005

PEMBROKE PARK, Fla. (AP) — Lionel Tate, who was given a second chance after he beat and stomped a little girl to death when he was 12, was back behind bars yesterday — exactly as some juvenile-justice experts had warned might happen.

Mr. Tate, now 18, was charged yesterday with holding up a pizza-delivery man at gunpoint at a friend’s apartment.

“We had a real chance. The right thing would have been to get this young man some help,” said Michael Brannon, a forensic psychologist appointed by a judge to examine Mr. Tate after the 1999 killing of 6-year-old Tiffany Eunick.

Mr. Tate made international headlines in 2001 — and touched off a debate over Florida’s practice of prosecuting juveniles as adults — when he became the youngest person in modern U.S. history to be sentenced to life in prison.

The hulking, 160-pound boy had claimed at first that he killed the girl while imitating professional wrestling moves that he had seen on television, then later said he accidentally hurt Tiffany when he jumped on her from a staircase.

His conviction and sentence were overturned on appeal in 2004 — after he had served three years in prison — and prosecutors gave him a plea bargain that placed him under house arrest for a year, followed by probation for 10 years.

Now, Mr. Tate again faces the possibility of a long stretch in prison, especially after a judge in October said he would have “zero tolerance” for probation violations after Mr. Tate was caught with a knife — blocks from his home late at night.

Katherine Federle, director of the Justice for Children Project at Ohio State University, said that by the time Mr. Tate got out of prison, it may have been too late to save him.

“Juvenile court systems and adult court systems have become extremely punitive,” Miss Federle said. “One reason is that it’s politically easy to do that. But once we set off down that path, I don’t know if there was ever any chance to rescue Lionel.”

In 1999, Mr. Brannon examined Mr. Tate just after his arrest and concluded that although the boy did not suffer from mental illness or retardation, he had “a high potential for violence” along with “uncontrolled feelings of anger, resentment and poor impulse control.”

Mr. Brannon, who works at the Institute for Behavioral Sciences and the Law in Fort Lauderdale, Fla., recommended that instead of being sent to prison, Mr. Tate be placed in a juvenile treatment center and undergo intensive counseling.

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