By Emanuella Grinberg Court TV
ALAMOGORDO, N.M. Teenager Cody Posey may have confessed to the brutal killings of his father, stepmother and stepsister, but his convictions Tuesday for murder and manslaughter still shocked family members, trial watchers and bystanders in the quiet town of Alamogordo, where the three-week trial unfolded. "I think it's just so sad what happened to that boy," said Janice Bolton, 63, of claims that his parents physically and emotionally abused him, as well as his convictions. A jury convicted the 16-year-old of first-degree murder for killing his 13-year-old stepsister, Marilea, second-degree murder for his stepmother, Tryone, and voluntary manslaughter for his father, Paul Posey. "I just hope the judge is lenient with him," said Bolton, a salesperson at a local turquoise and silver store who followed the trial on the local TV news.
Because Cody was 14 when the killings occurred, 12th District Judge James Waylon Counts has the discretion to sentence him as an adult or a juvenile. As such, Cody faces anywhere from two years in a juvenile detention facility to a life sentence in an adult prison. The convictions followed three weeks of evidence from 66 witnesses about whether Cody was an abused child pushed over the edge or a selfish, calculating teen who killed his family in cold blood. From day one of the trial, the battle lines in the courtroom were clearly marked, with the victims' relatives on one side and extended family from Cody's biological mother's side on the other. It did not take long for the defense side to swell with unrelated members from the community who came out to support the teen and express belief in his abuse claims, in spite of prosecutors' characterization of them as lies and fairy tales. "My heart absolutely breaks for that boy," said defense supporter Shirley Godwin, a friend of Cody's maternal aunt and guardian, Corliss Clees. "We knew it might be bad, but I never dreamed they would go this far." One person who was not surprised by the voluntary manslaughter conviction for Paul Posey's death was his brother, Verlin Posey, who testified for the state that he never suspected an abusive relationship between his brother and nephew. "I had the feeling that this might be the way it goes, because of all the lies," said Verlin, who sat through the testimony of each defense witness casting his brother as a hateful, abusive father who went to sadistic lengths to demean his son. "I'm not happy, but I can live with it. At least he's not free." While acknowledging his brother might have "crossed the line" a few times, Verlin Posey said he hoped his nephew would receive the maximum penalty for the killings, which occurred on a livestock ranch owned by Sam Donaldson and managed by Paul Posey. "If they're true and my brother was abusive, then he was entitled to his day in court also," said Verlin Posey. "Cody made himself jury and executioner that day." Robert Williams, a defense contractor who works at the Holloman Air Force base located seven miles outside of Alamogordo, also dismissed the abuse claims as Cody's "license to kill," in the words of senior trial attorney Sandra Grisham. "He had a choice that day, as all abused kids do," said Williams, who said he watched the trial on Court TV and read about the proceedings in the Alamogordo Daily News. "He could have risen above the situation and decided to not follow the same path, but he made the wrong decision." Self-described cowboy and ranch hand Slim Britton, who worked with Paul Posey and testified about numerous instances of abuse, said that, based on what he saw, he felt the family deserved to die, including 13-year-old Marilea, who Cody accused of ratting him out in exchange for rewards from his parents. "When the word 'manslaughter' came out, I was a little relieved," said Britton, referring to the verdict on count one for Paul Posey. "But when 'murder' came out, I was crushed. I don't believe that's what it was." Alternate juror Carole Gareau-Rasco, who was released from the panel Monday afternoon before the jury retired to deliberate, said she felt the verdicts might have been different if the members of the panel knew of the potential sentences, or dispositions, as they are called in juvenile court. "When it comes to the law and sentencing, I think there's a certain moral obligation that we have when deciding the verdicts," said the psychotherapist, who said she would have voted for manslaughter on all three counts. Perhaps the most visibly distraught of Cody's supporters was his guardian, Clees, who crumpled to the floor after the verdict was read and had to be carried from the courthouse on a stretcher. The disappointment was also evident in the face of Cody's lawyer, Gary Mitchell, who admitted he had come to care for his 16-year-old client as he would a son. "When you beat a dog again and again and again, do you really expect it's never going to bite back?" said Mitchell. "This boy never had a chance. He never had a childhood. He never had a family to love him. This jury could have given that to him, and I now I fear he'll never have any of that." |