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Homicide at Sam Donaldson's Ranch
  Courttv.com's Emanuella Grinberg reports on the verdict watch
Feb. 7, 2006
 

Court TV Host: As we wait for the verdict, 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.

Emanuella Grinberg: Hello everyone

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

Emanuella Grinberg: My pleasure. I'm just sitting around, waiting for a verdict.

Court TV Host: You haven't been with us since last week...anything you'd like to say before we take questions?

Emanuella Grinberg: Hmmm, well... might be interesting to note that two dismissed alternates said they were leaning toward manslaughter or acquittal, but that's without the benefit of deliberations, or having been able to discuss their feelings with the other jurors, so they may not necessarily be good barometers for the rest.

Question from Lori: Hi, Emanuella_Grinberg, lets say Cody gets 5 years, that takes him to age 21. Once he turns 18 will he stay in a Juvenile facility or go to an adult prison?

Emanuella Grinberg: He won't go to an adult prison, if sentenced as a juvenile. When he turns 18, a board will review him and see if he's fit for release. Wait actually... I think I misinterpreted your question somewhat. It depends on what he gets five years for, and how the judge decides to sentence him. In that way, it's difficult to predict an outcome, or for me to tell you what could happen but this much is certain: if he gets manslaughter on all three counts, he must be sentenced as a juvenile. In any other instance, it is up to the judge to decide. Hope that makes sense. The law usually doesn't, so it's hard to interpret.

Question from frenchie: Why didn't they allow the father's animal abuse history into evidence?

Emanuella Grinberg: State argued it was irrelevant and prejudicial and they won. That testimony would have come from Slim Britton, the Donaldson ranch hand. so the state said, if he gets to talk about Paul abusing animals, then we get to ask him about his alleged abuse of animals. Then they went to a sidebar and we didn't hear any more about it.

Question from Jazzy: EG: Won't letting an admitted triple-murderer off with three - five years, just open the door for the 'abuse defense' , the same way the 'insanity defense' was a few years ago before they stiffened the definition of it?

Emanuella Grinberg: Ha, that's funny, the prosecutor started to make that argument yesterday. Sandra Grisham started waving a copy of "The Abuse Excuse" by Alan Dershowitz during her closing. The judge put a stop to that, at the defense's request, but remember, the jury is NOT supposed to consider sentencing in its verdict. So the implications of sentencing are with the judge. Not going to make his job very easy, I don't imagine, but I bet the defense will argue that Cody's situation was quite extreme, and that he is capable of being rehabilitated. So, if you believe the purpose of incarceration is rehabilitation, especially for abuse victims, then who knows? Sorry, I'm not trying to be non-responsive, but that's just one way of looking at it, and there are many, surely.

Question from daleeff: Do they know if any of the jurors have been victims of abuse?

Emanuella Grinberg: I believe that was a question in voir dire, but I do not know personally. One of the dismissed alternates was a psychotherapist, however. But being a victim of abuse could certainly bias someone, so I imagine a few were released from the pool on those grounds.

Question from pokey: Emanuella, how effective do you think the prosecutor's "experts" were?

Emanuella Grinberg: I tend to think experts usually cancel each other out but I think they lost some credibility when the defense expert came back and had the last word and essentially said their conclusions were flawed in that you can't diagnose a child as having psychopathic traits because they're young and still have room to grow. Also, I think the defense made it clear that the prosecution experts did less independent work and spoke to fewer outside sources, so that may have hurt them. Also, it was my impression that the jury never entirely warmed up to either of the prosecution experts, but we'll find out, soon enough.

Question from ZzGamegirlzZ: Emanuella, is Cody receiving mental therapy now?

Question from suzy: Is he receiving drug therapy while he is in jail?

Question from suzy: If he is getting treatment what type of meds?

Emanuella Grinberg: Not at this moment, because of where he is. He's in a different holding facility that's closer to the trial venue. Before we entered the trial phase, yes, he was getting extensive treatment. I believe he is on medication, and that the court is aware of that and has found him able to assist in his defense -- and was assisting vigorously, filled several legal pads with notes and was constantly communicating with his lawyers during testimony. But his lawyers are quite emphatic about the positive effect treatment has had on him and have indicated that Cody's personal wish is to continue with treatment, no matter what the trial outcome is.

Question from Jaymie: Emanuella, how can a state only allow $150.00 for the defense of this child, but spend over $14,000 on defense witness testimony?

Emanuella Grinberg: The $150 is just the flat-rate a court-appointed defense attorney receives for his work, the lawyer, himself, into his pocket. They still have to pay their witnesses, but hey, that's New Mexico law for you. I'm certain Mr. Mitchell (the defense attorney) would tell you it's not about the money for him. He really feels strongly about this case and about Cody and makes no secret of it. Did anyone see his closing yesterday? He could barely contain his emotions, but as for the $$ aspect, that's just the rules of the game, take 'em or leave 'em.

Question from ksqueen: Will the prosecution and defense argue again before sentencing?

Emanuella Grinberg: If we get there, yes, probably. The defense will likely present some mitigating factors. The state will likely argue on why he needs to be in prison for the rest of his life after all the pre-sentencing evaluations, etc., are taken care of.

Question from Jaymie: Emanuella, why was his family not allowed to visit with him at the detention center during the trial? Some of the family said they were asked not to interact with him. Was this a defense rule and why?

Emanuella Grinberg: Well, they're in court during the trial, and so is he. I imagine visiting hours only occur during the day, when the trial is happening. Even so, I just asked Cody's guardian, Corliss Clees, who is sitting here in the courtroom, before the trial began, she was allowed to visit him because she is his guardian, so were other people to whom she granted permission because of her custodial status.

Question from awsum1: How effective do u feel the closings for the prosecution and defense were to the jury?

Emanuella Grinberg: From what I saw on their faces, there was a much more emotional reaction to the defense closing, from few females, at least. One had tears in her eyes, but there was a grown man practically crying in front of them. So that must have appealed to their emotions. The state, however, took a different approach, much more unemotional, reminding them to stick to the law. I mean, they put some pictures up of Tryone, Paul, Marilea, and that was an emotional appeal also, and I think there was some response to that also. There is one man in particular who seemed to respond closely to the prosecution. He paid close attention, took notes during the prosecution, seemed to tune out the defense. But remember, that's just based on my impressions.

Question from sherry: Do you think the state of New Mexico will change their child abuse system after this?

Question from CALIFORNIA-Boy: Emanuella, after the trial is over.... Will the prior CYFD Cases that were declared "unsubstantiated" be re-opened and re-investigated??

Emanuella Grinberg: Well, I think this will put the spotlight back on them. I don't think anything will be re-opened, they can't really go after the dead. Albuquerque Journal reporter Rene Romo tells me that tort claims have been filed to preserve certain parties' rights to file claims later on, but they're not suits yet.

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