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Attorney: DNA Does Not Link Lionel Tate To Robbery

Test Results Are 'Inconclusive'

POSTED: Monday, July 11, 2005
UPDATED: 5:29 pm EDT July 11,2005

The attorney representing Lionel Tate says DNA tests done on a mask used in a robbery cannot be used to link his client to the crime.

Attorney Jim Lewis said Monday that the test results are "inconclusive," Lewis said.

Lewis has also said that 13-year-old Taquincy Tomkins gave a statement to private investigators indicating that 16-year-old Willie Carouthers actually committed the robbery in May.

According to a report released Monday by the state attorney, one of the DNA samples indicated that neither Tate nor Carouthers could be excluded as possible sources of the DNA on the cloth. A second sample was not enough to make any determinations.

Lewis said, "I think it actually weakens the case. If anything, it basically says that it's a crapshoot as to whether or not it was Lionel or whether or not it was Willie Carouthers, or whether or not it was hundreds of thousands of other young males who would meet the same DNA profile."

Tate, the youngest person in modern U.S. history to be sentenced to life in prison, was arrested in May on charges of pulling a gun on a Domino's pizza deliveryman at a friend's apartment and also beating up the friend.

Tate, now 18, is being held in the Broward County Jail. He is charged with armed robbery, armed burglary with battery and probation violation.

Tate was serving probation following his release on a guilty plea to second-degree murder in the beating death of 6-year-old family friend Tiffany Eunick when he was 12. The case became known as the "wrestling death" trial because Tate at first claimed that Tiffany was injured when he imitated wrestling moves that he saw on television.

This is the second time Tate has been arrested since he was released. In September, he was arrested for violating probation by being out of his home overnight after an argument with his mother. A judge added another five years to the 10 years Tate had left on the original probation.

The robbery charges could mean 18-year-old Tate violated his probation stemming from his conviction in the 1999 killing of a 6-year-old girl. That could mean a life sentence for Tate, who was 12 when the girl was killed and was free following a plea agreement.

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