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Homicide at Sam Donaldson's Ranch
  Courttv.com's Emanuella Grinberg discusses the murder trial of Cody Posey
Jan. 26, 2006
 

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. Join her online, live from the New Mexico courthouse where she's covering the trial.

Court TV Host: She's joining us right now.

Emanuella Grinberg: Hello, everyone.

Court TV Host: Hi, Emanuella, thanks for joining us.

Emanuella Grinberg: Pleasure as always.

Court TV Host: Anything you'd like to say before we take questions?

Emanuella Grinberg: Off the top...wanted to talk about something that came up yesterday in the chat regarding Paul Posey and any suspicions of abuse between him and Marilea. Apparently, one of the jurors is wondering the same thing. Since the jurors are allowed to ask questions of the court, one of them sent a note today asking if they would hear more evidence about abuse of Marilea. Naturally, the state moved to strike the juror from the panel. The judge rejected that request, said it was not an unreasonable question but they did not get a specific answer, as in, yes or no. The juror musta been suspicious, after yesterday we heard tons of evidence of how Paul Posey allegedly searched for father-daughter porn. But that's likely all we'll hear about that.

Question from tribe: On what grounds could the state request that juror who wanted info to be removed? Isn't that a juror's job?

Question from tribe: Why is it likely all we will hear??

Emanuella Grinberg: Ms. Grisham argued that the juror has "obviously" decided that there must have been some abuse of Marilea The judge essentially responded with that comment, that it's his job to ask questions. It's likely all we will hear about that because the defense has told Court TV that they were unable to substantiate any suspicions of abuse of Marilea, and I don't imagine it's something the state will want to focus on in their rebuttal case ... which they say they will start today. We're at the tail end of the defense case in chief now.

Question from kiana: Did they clarify who was using the computer to look up porn?

Emanuella Grinberg: Really, it's impossible to do that under any circumstances, to ever prove who is behind the keyboard. Unless you have a camera or an eyewitness who can say that so and so was using the computer at this time. So no, the defense computer expert was very clear that he could not say who exactly was using the computer. The closest he came to being able to do so was to say that this page or this activity occurred at a time when Cody and Marilea were in school. I believe the defense is relying on evidence that really only Paul Posey had access to the computer to prove that he was the one using it, which is why they've been emphasizing the fact that the ranch is extremely isolated and that Paul kept the gates to the property locked. The state highlighted the fact that Slim Brittan had keys to the gate. I guess, in an attempt to say he could have used it, but Cody testified that the computer was password-locked also, so.... up to the jury to decide.

Question from ruidosoraccoon: Did the computer expert back up the computer being password protected?

Emanuella Grinberg: Hmm, good question. From my best recollection, he did not. At least, no one asked him that. I can see it being a question the defense may not have wanted to ask, unless they were certain the state must have forgotten.

Question from kiana: Why isn't the prosecution giving more emphasis on the way the family was murdered and buried?

Emanuella Grinberg: There will be a rebuttal case, so perhaps they will go into that more, but with Cody, for example, they were not given the opportunity, really, because it would have been beyond the scope of his direct examination. I think the defense was pretty shrewd in that regard, and actually, they attempted, in their case in chief, to bring in more evidence about the way they were buried in the form of the autopsy photos, but the judge ruled the pics were more prejudicial than probative. Their reasoning for wanting to bring them in struck me, and I think I've said this in a chat before: they wanted to use them to show how Cody buried them in manure not only to speed up decomposition but to defile and demean them which certainly would have gone to his state of mind, but the judge ruled against it.

Question from simba: Emanuella_Grinberg, how would you rate the prosecution's cross of defense witnesses?

Emanuella Grinberg: Rate, hmmm let me say that they have taken a very particular tack of attempting to reduce their credibility, maybe to the point of being insulting. Sandra especially, I think, has this sort of incredulous tone with each of them that drips with contempt. I can see why, though, she's attempting to reduce their credibility, especially with the civilian witnesses, most of whom were teens and Cody's friends. It's her job to try to make the jury think they're lying for him, or stretching the truth, at least. But also, they haven't been able to go into a lot of areas that they probably want to because the defense has very shrewdly crafted its questioning in direct. Remember, the state cannot go beyond the scope of direct in their cross, which is why I think we can expect a lengthy and involved rebuttal case.

Question from anne: How is Cody holding up? Does the jury seem to have empathy for him?

Emanuella Grinberg: Yes, yes, yes. I think all of us in the audience agree on that. There were a few tears in the defense opening, and some during the testimony of relatives describing some heart-wrenching moments, like when Cody was taken away from them at his mother's funeral, but in the courtroom, Cody puts on a real poker face, I'd say. It's always exciting for us when he shows some emotion. You could tell he was happy to see some of his old friends, he kind of smiled and was dabbing perspiration when his girlfriend took the stand. He come across as a very clean-cut, polite and quiet young man.

Question from Cortaid: Is Cody presently on medication?

Emanuella Grinberg: Don't know if he still is, but he was on Zoloft as of March 2004 for depression, obviously. But if he is, he has to be able to assure the court that it does not affect his ability to participate in the proceedings. I'll try to find out for y'all and report back.

Court TV Host: I know you've got to run now...

Emanuella Grinberg: Yep, but thanks for your time.

Court TV Host: Thanks, for chatting with us

Emanuella Grinberg: Thanks for having me.

Court TV Host: thank YOU!

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