Court TV Host: Chat with Courttv.com's Emanuella Grinberg about the trial of Cody Posey, accused of murdering his father, stepmother and stepsister in the caretaker's residence of Sam Donaldson's New Mexico ranch. Grinberg is Courttv.com's reporter covering the Posey trial, and she joins us now from the courthouse in New Mexico...

Court TV Host: Welcome, Emanuella, thanks for joining us today.

Emanuella Grinberg: Thanks for having me. The state has just rested, and we're in a lunch recess. When we get back, the defense will give its opening statement, having chosen to reserve it until the open of its case.

Question from Cortaid: Good morning...what's the latest?

Emanuella Grinberg: Well, outside the presence of the jury, the judge rejected a motion from the state to keep alleged evidence of "incest" pornography from Paul Posey's computer out of the trial, in part, I should note, because one of the stipulations is that the defense will have to lay a strong foundation for it. Then, the defense has indicated that Cody will be its first witness! That may change, of course, but up until before we broke, that was his assurance. Evidently, he's going to need to bring life to defense implications that his father abused him so much that it pushed him over the edge. The common view in the audience, however, is that his biggest hurdle will be explaining why he had to kill his 13-year-old stepsister in the process.

Question from jamie: Are the incest web sites illegal?

Emanuella Grinberg: If they depict minors, I would imagine so, but that's not the real reason behind the defense wanting to bring them in. Cody told police in his videotaped confession [ http://www.courttv.com/trials/posey/docs/sexclaims.html ] that his parents tried to force him to have sex with his mother the night before the killings. The defense wants to use the web sites to corroborate his claims. Cody's lawyer, Gary Mitchell, also said that Paul Posey's second wife may also testify to corroborate the claims. But again, we'll have to wait to see. The defense says they don't want to show the pornography itself, just lists of the sites.

Question from kelly: Why does the prosecution try and keep out every single thing the defense wants to bring in while the defense has tried to compromise?

Emanuella Grinberg: Well, I guess the short answer is that they're prosecutors. Longer answer is that they feel that in terms of this kind of stuff, it's like putting the victim on trial, and he's certainly not here to defend himself. Also, prosecutor Sandra Grisham has repeatedly made the argument that a lot of it is hearsay, since it's not info that's coming directly from the source. But the decision for the judge always comes down to whether it's prejudicial or probative, and in the case of the porn, he felt it went to support Cody's claims.

Question from Rope: Hello! Can you tell us a little about how this young man is in the courtroom? He seems to be writing a lot but otherwise pretty composed.

Emanuella Grinberg: I would agree, he has been very composed and attentive, taking lots of notes. He has been described by many as a very thoughtful, intelligent young man, who's under a lot of pressure, obviously, but if we believe his claims of abuse, he's apparently been keeping a cool demeanor all his life, despite whatever's been boiling under the surface. But as he enters and exits the courtroom each day, he seems very affable and pleasant with his aunt and guardian and counsel. You would not suspect he is on trial for his life

Question from NH-JULIE: Emanuella, was the defendant under the influence of medication? Perhaps anti-depressants? And if so, what medication was he taking?

Emanuella Grinberg: He had a prescription for Zoloft. He said the last time he took it was Sunday night, the night before the murders. It's unclear at this time, however, how much that will play into the defense.

Question from jamie: Did anyone examine Cody medically to see if he had been sexually abused? That would help Cody if he was raped, abused etc.

Emanuella Grinberg: He told police that he never had intercourse with his stepmom, and we know he has not had it with anyone, for that matter. To back up, the essence of his defense is that he was abused all his life by his father and that his stepmother became a willing participant in it after she married him. The defense says they will have medical proof of the abuse, but the state called a few witnesses who testified that any type of bruising could have easily resulted from his work on the ranch, We'll have to wait and see... in an hour or so.

Question from NH-JULIE: Hello, Emanuella Grinberg! Do you think this Posey case would be getting as much media coverage if it weren't related to Sam Donaldson??

Emanuella Grinberg: I think the Donaldson connection gave it its initial momentum, but the fact that he has mounted a defense instead of pleading out or something like that makes it more interesting to us media types. All the while, admitting his role in the shootings, for me, that's what makes it an interesting case. The Donaldson connection also made it a little more bizarre, perhaps, but I for one am glad we got his testimony out of the way early on.

Question from NH-JULIE: How long do you think this trial will last?

Emanuella Grinberg: Hmmm, good question.... we were told two to three weeks initially. The defense says their case will take five to six days, and the state has said that their rebuttal case could likely last longer than their case in chief, which lasted about 2.5 days so.... you can do the math.... but schedules are always subject to a number of variables.

Question from Rope: Hello again! Was there ever a deal offered to Cody if he would plead guilty?

Question from beau: What do you think he would have gotten for pleading early?

Emanuella Grinberg: The state is pretty confident that this is a first-degree murder case, so I doubt they would have gone any lower than life, which, under New Mexico law, means parole eligibility in 30 years, I believe. But since he's being tried as a juvenile, if he is convicted of manslaughter, the judge has the option of sentencing him as child, which would mean confinement in a juvenile detention facility until he turns 21, a sentence which would not be so bad, really -- considering the alternatives.

Court TV Host: Thanks, Emanuella...any closing thoughts?

Emanuella Grinberg: Well, just that in the area, there seems to be a lot of sympathy for Cody. I overheard the counter clerk at the natural food shop in town yesterday saying how she could never know how he felt unless she was in his shoes. It surprises me somewhat, but I guess that as a child who's being abused, as opposed to a battered wife or something, you have very little recourse. So at this point, a manslaughter conviction would not surprise me for dad and stepmom, but justifying the stepsister's death is gonna be a hard one to get past. Be sure to tune in less than an hour to follow! And thanks for logging in*

Court TV Host: Thanks, Emanuella, for taking the time to talk with us...we'll let you get some lunch!

Court TV Host: Come back soon!

Emanuella Grinberg: Of course.