Does anyone see any excuse to let this bastard out of jail?

I read this story this morning. An early release of this kid would be a big mistake. Beating a small child to death doesn't constitute a sentence of being jailed at home with your mother.

Such a person should be institutionalized for a long time before such a decision is made. Perhaps not prison: a mental ward.

Does anyone see any excuse to let this bastard out of jail?

Yes, since I grew up and studied law in a country, where juniviles can't get more than 10 years.

Walter, he hasn't been in jail for half that long. Also, would you answer the same way about the juvenile Washington DC sniper Lee Malvo? I'm just curious. I don't understand how your study of law is a reason to let this monster go. We have no such legal restrictions here. Don't you think these two make a good case not having such restrictions?

No, because our junevile is a educational law. (And 'yes' to your question about the Washington sniper.)

It really is a different understanding and "culture" here.
(Under 14, kids don't go to courts at all.)

What a disgusting miscarriage of justice. IMO, this guy is DANGEROUS. It will just be a matter of time, until he offends again. Any 170lb. 16 year old has the sense to know the harm he could bring to a 48 lb. girl. If this guy does not understand the concept, he belongs in a psychiatric institution.

Phoenix, he was 170 lbs. at 12 years of age, who knows who big the sucker is now. As he is alleged to be of diminished mental capacity, i wonder why no one has brought up parental responsibility. Where the hell were the adults when a 12 year old was beating a six year old to death ? ! ? ! ?

Setanta- I agree about parental responsibility, but I think that is a separate issue. If this guy is mentally dull, and prone to violence, I would not want to see him walking the streets. He is a DANGER!

What is interesting in the story is the stance of the victims mother.

You all are clamoring for blood and vengence. Her vioce is the most powerful in my mind.

Not everyone is clamoring for blood and vengeance . . . that statement was more than a little hyperbole . . .

Sorry for the hyperbole Setanta..

I still find the position of the victim's mother quite remarkable.

A 12-year-old, even a 170-pound 12-year-old, has a very different brain than an adult. It just physically works differently. (12, not 16.) This is why 12-year-olds (even 170-pound 12-year-olds) can't drive, can't vote, can't drink, etc. Their judgement is not good. The boundary between fantasy and reality is not clear enough. They do not have a good enough sense of consequences.

While I do not know enough details of what Tate is like now, I think it is theoretically entirely possible that he did something incredibly horrible as a 12-year-old but has since matured and would not do anything remotely like it again.

EB, i agree that one should not rush to judgment in this . . . and i remain appalled that the State of Florida did not examine the responsibility of adults when they boy was free to to do this horrible deed absent adult supervision. I don't see a problem with home care, so long as it is well monitored. Having been convicted and imprisoned, this boy is very likely to have real self-image problems, in addition to whatever disabilities he may have had before hand . . .

I really think, a child and a junevile has to judge different from an adult (Sozobe gave some examples, how society does it on other subjects).

If your remark, Phoenix, really is thought to be serious, than many, many, many children worldwide had to in close houses for all their life.

I'm thankful that most cultures and nearly all civilised nations have a different approach to that.

I'll concede without hesitation that a 12 year old is not as mentally developed as an adult. He may very well have evolved into a better human being. I doubt it and I think the societal risk is too great. If he had done something as simple as pull a trigger (once), without realizing the consequences of his actions, you would have a better case for that.
In this case the boy viciously delivered a fatal beating to child less than 1/3 his size. The quantity of blood and disfigurement removes any possibility of him not being aware of results. This is a heinous crime. A normal person, even a retarded person, would have stopped when seeing the results of this action. This kid didn't stop; he continued his vicious actions long after the effects were clear. No reasonable person could have done so without being thoroughly disgusted by the results. This kid demonstrated an utter lack of human compassion and I believe he poses too great a risk to society to set him free. His mother has already demonstrated her incompetence at being the control factor. How can anyone think she is the appropriate person to supervise this monster?

I don't know for sure; but I think the United States is much worse than say Germany, when it comes to gang violence. Already in this country it is common practice for gangs to use 12 year olds as shooters in there murders for the very reason that they typically can't be punished as severely. If this kid is set free; he will no doubt be used as an example of how easy it is to "get off" when gangs are convincing other would-be killers. Kids are maturing faster than ever before. They are becoming stronger physically and the information age makes them more aware as well. If you look at a timeline you will see Florida's willingness to treat juveniles as adults' has dipped deeper into childhood as a direct result this phenomenon. I am not suggesting that they are completely developed earlier and I would oppose any attempt to lower the age of adulthood. I am suggesting that exceptions do need to be made for truly exceptional kids. Anyone with the capacity to do what this kid did is a true danger to society.

The correlation between juvenile criminals and adult criminals is undeniable. Statistically speaking; there is an overwhelming body of evidence to suggest violent kids tend to become violent adults. Our statutes that "seal" minority records should be changed. I agree that they should be sealed as long as there are no adult violations… But as soon as an adult commits a crime they should be permanently unsealed, to reveal the truth about a criminal's threat-potential to society.

Like Lee Malvo, this kid had ample time to understand the ramifications of his actions and simply didn't care. My compassion is reserved for the families of both the victim and the perpetrator in most cases. I have none whatsoever for the perpetrators themselves. This isn't a troubled child. This is a monster, utterly devoid of human compassion.

Maybe he'll rape and kill his mother and this time get the chair. Two birds with one stone.

I think he needs long term psychiatric help. I don't think he needs to remain in prison. Keeping him in prison seems likely to prevent him from ever being a productive member of society. Killling him would be stupid.

He is serving time in a juvenile jail which indicates to me that he was not tried as an adult but as a juvenile (that's teh way it is here in Mass., it may be different in Florida).

If the laws are the same then the longest they could keep him would be until his 21st birthday no matter the conviction. Some judges would only request a hold until his 18th birthday (depending on the circumstances). This boy may be on probation until the age of 21, depending on the release hearing.

Meaning - if the juvenile sentencing laws are the same he'd never serve the life sentence anyway. The way the courts deal with juveniles in the US is vastly different than adults. A lot of people who scream "He's only 12! They can't try him as an adult!!!"" don't realize that it means he walks free when he comes of age, no matter what.

To be honest, I'd bet dimes to dollars that his mother is petrified of him. I don't feel bad for her either. Instead of letting him plea out to begin with or demanding a competency hearing, she dumped the 2nd degree plea figuring he'd get off and go home. He beats a girl to death and she expects him to walk away. Glad he's an only child.

"I am thrilled that Lionel's mother agreed that it's better to be locked in one's home rather than jail when you're still only a child," Rosenbaum said.


....good luck, lady. Just try telling him what to do....

Sugar: Florida is indeed different. He was sentenced as an adult. If his sentence stands, he will be transferred to adult prison upon reaching the age majority.

Here are some more facts to consider:

The medical examiner said the injuries, which included a fractured skull, were so severe that it could not have been an accident.

The Judge said: "The acts of Lionel Tate were not acts of immaturity. The acts of Lionel Tate were cold, callous and indescribably cruel."

Kathleen Grossett-Tate, a Florida Highway Patrol trooper, was upstairs in a Pembroke Park home on July 28, 1999. Her 12-year-old son, Lionel, was downstairs with Tiffany Eunick, a 6-year-old playmate.

This is the woman who should be in charge of this boy's supervision?