WEST PALM BEACH, Fla. -- Critics of a Florida law that allows child murderers to be locked away for life want the law to be reconsidered after a young teenager's murder conviction was overturned.
The 4th District Court of Appeal ordered a new trial for 16-year-old Lionel Tate on Wednesday saying his mental competency should have been evaluated before his trial. He was tried as an adult in the beating death of a 6-year-old playmate and is serving life without parole at a maximum-security juvenile prison.
"Questions regarding Tate's competency were not lurking subtly in the background, but were readily apparent, as his immaturity and developmental delays were very much at the heart of the defense," Judge Barry J. Stone wrote.
Tate's lawyers argued that Tate, then 12, was imitating the pro wrestling moves he saw on television and did not mean to kill Tiffany Eunick. The 48-pound girl was punched, kicked and stomped to death by Tate, who weighed 170 pounds.
The case has raised questions about a widely criticized Florida law that requires children convicted of first-degree murder to get life in prison without parole.
State Sen. Steven Geller, D-Hallandale Beach, has filed legislation that would allow children under 16 the eligibility of parole if they had not been previously convicted of violent crimes.
"We must find a reasonable approach where justice is served and our humanity is kept intact," Geller said. "These are kids. They're not old enough to vote, they're not old enough to drive, they're not old enough to drink or to do all of these other things. Why do we assume that they're able to make adult decisions?"
Tate's age at the time of the killing made him the youngest defendant in Florida to get a life-without-parole sentence under the law.
"I feel like somebody lifted a 200-pound weight off my head. It's just a beautiful thing, and I hope now that Lionel's going to have a chance at a life," said Jim Lewis, Tate's lawyer at his trial.
Broward County prosecutors said only that they are reviewing the ruling to determine whether to hold a new trial. Tate remained behind bars Wednesday, but his attorney, Richard Rosenbaum, said he hoped the teen would be released on bond in the next few weeks.
The boy and his mother had insisted he was innocent and turned down a plea bargain before the trial that would have given him a three-year sentence. If he had accepted the deal, he could have been out of prison 10 months ago.
Lewis said he hopes prosecutors offer a similar plea bargain and allow Tate to be released.
Rosenbaum had argued before the appeals court that Tate was too immature to understand what was at stake during the trial.
The appeals court said at a minimum, the trial judge had an obligation to ensure that Tate understood the plea offer and the possibility of a life sentence if he rejected it. The three-judge panel noted that Tate had "significant mental delays" and a below-average IQ of about 90.
At his trial, Tate's lawyers argued that the boy thought he could body-slam people and they would walk away unhurt, just like his wrestling idols on television.
"I don't think Lionel intended to kill this little girl. I don't think Lionel intended to hurt this little girl," Lewis said. "This is not somebody who goes to school with a gun and tried to kill somebody. This is an innocent 12-year-old boy who played too rough."
The appeals court judges did not challenge the law that allowed Tate to get life without parole.
"Florida courts have long recognized that there is no absolute right requiring children to be treated in a special system for juvenile offenders," Stone wrote.
When the judges heard the appeal in September, however, they repeatedly questioned the law, which allows any person, regardless of age, to be prosecuted as an adult.
"There's no discretion exercised at all in this -- no societal judgment," Judge Martha C. Warner said. "Age is not a consideration."
On the Net:
Juvenile Law Center
Fourth District Court of Appeal 
Learn More: Children Who Have Received Life Terms In Florida 
New Trial Ordered For Tate
