Mother Can't Believe Murder Verdict

Friday, January 26th 2001, 12:00 am

By: News On 6

FORT LAUDERDALE, Fla. (AP) â€” No one disputed that then-12-year-old Lionel Tate punched, kicked and stomped his 6-year-old playmate to death. His attorney said it was an accident that happened while the boy was imitating professional wrestlers.

But a jury rejected that defense and convicted the boy, now 13, of first-degree murder. He could be sentenced to life without parole. Lionel was handcuffed and led from the courtroom in tears, followed by his sobbing mother.

His mother, Kathleen Grossett-Tate, said Friday she didn't believe the verdict when it was announced. ``I thought she made a mistake,'' she said on the NBC ``Today'' show. ``I was waiting for her to say I'm sorry, I made a mistake â€” it's not guilty.''

Attorney Jim Lewis said he would appeal Thursday's verdict, citing the judge's refusal to allow testimony on professional wrestling's impact on children.

``The jurors heard some about wrestling, but I don't think it was enough,'' Lewis said. ``They did not hear from the experts, the psychologists, the media violence experts, that could have persuaded this jury that Lionel had fallen into the trap so many youngsters fall into.''

Lionel is to be sentenced March 2. Gov. Jeb Bush has the power to commute the sentence after consulting with the prosecutor.

Circuit Judge Joel T. Lazarus barred professional wrestlers from testifying about how they stage bouts to make them look real. He also disallowed testimony from psychologists about how televised wrestling makes young fans more violent.

Lewis was limited to testimony about Lionel's fascination with wrestling, and short videotapes of the boy re-enacting wrestling moves he had used on the girl.

Under Florida law, jurors did not have to conclude Lionel meant to kill Tiffany Eunick in July 1999, only that his actions were intentional and abusive.

``The injuries were so extensive we all felt that it wasn't an accident,'' juror William Stevenson said. ``We had to abide by the law, and the law spelled it out. It wasn't just wrestling.''

Lewis blasted prosecutors for using child-abuse laws to convict one child of another's murder.

``When the Legislature wrote the child-abuse laws, I don't think they ever envisioned them being used in this fashion,'' he said.

Tiffany died after the 170-pound Lionel beat her in the home he shared with his mother, who was baby-sitting for the girl. Grossett-Tate, a Florida Highway Patrol trooper, was asleep at the time.

She said her son has ``watched wrestling since he was young, and when he plays with the boys they're always downstairs running around jumping on each other.''

But an autopsy showed Tiffany suffered a fractured skull, lacerated liver, broken rib, internal hemorrhaging and numerous cuts and bruises. One expert for the prosecution said the injuries were comparable to falling from a three-story building. Even the defense's experts conceded that Lionel's story would not have accounted for all of Tiffany's injuries.

Lionel told police he picked Tiffany up and accidentally hit her head against a table. He later made a videotape with a court-appointed psychologist where he claimed to have accidentally thrown Tiffany into a stair rail and a wall while trying to throw her onto a sofa.

Prosecutor Ken Padowitz said there are ``only losers in this case.''

Grossett-Tate said she would tell the governor: ``I want my son out. I want my son out. He should not be there.''

``I don't think any rational, compassionate human being would sit still and let this child spend the rest of his life in prison,'' Lewis said.

Padowitz refused to say what he would tell the governor, but pointed out that before the trial he had offered Lionel a three-year sentence plus 10 years' probation if the teen pleaded guilty to second-degree murder. The family refused, insisting Lionel was innocent.

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On the Net:

World Wrestling Federation: http://wwf.com

American Academy of Pediatrics: http://www.aap.org

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Mother Can't Believe Murder Verdict