Wednesday, February 15, 2006
FORT LAUDERDALE, Fla. (AP) -- A lawyer for convicted child killer Lionel Tate wants the original murder indictment against his client dismissed, saying the law allowing children to be tried as adults is unconstitutional.
A motion to dismiss the indictment, filed by attorney Ellis Rubin, says the authority of prosecutors to "instantly transform this child into an adult" is contradicted by state and U.S. Supreme Court rulings.
Broward Circuit Court Judge Joel Lazarus scheduled a Feb. 24 hearing on the motion.
Tate, now 19, was convicted of first-degree murder for the 1999 killing of 6-year-old Tiffany Eunick. Tate's lawyers initially contended she died accidentally while the boy, then 12 years old, imitated professional wrestling moves he saw on television.
Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.