ALAMOGORDO, N.M. — Is Cody Posey a psychopath who can't be "fixed," as prosecutors say? Or should the 16-year-old be punished as the child he was when he shot and killed his father, sister and stepmother in their home on newsman Sam Donaldson's ranch?

A jury has already held Cody criminally responsible for the deaths of Paul Posey, his wife Tryone and their daughter, Marilea. But on Monday, all eyes were on Judge James Waylon Counts as he began listening to the evidence and legal argument that will shape his decision about what becomes of Cody now.

When Counts arrived at the Otero County Courthouse, he had to drive past a crowd carrying signs urging leniency for Cody. "Honk for Cody," "Justice for Cody," "Treat Children like Children," a few of the signs read.

Prosecutor Sandra Grisham, who went first, reminded Counts of the killing spree Cody committed on July 5, 2004, a rampage Cody claims resulted from years of abuse at the hands of his disciplinarian father and life living with a "mean" stepmother.

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Speaking at great length about how Tryone Posey and Marilea were killed to keep them from becoming witnesses, Grisham portrayed Cody as a cold, calculating killer who thought his life would somehow be better without his family.

Cody Posey, shown here with his family, faces life in prison.

She recalled in detail how Cody replaced snakeshot with regular bullets before shooting his stepmother and sister. Cody hid behind a refrigerator and ambushed Paul Posey as he came inside the family's home in Hondo, about 70 miles east of Alamogordo. After the killings, Cody tried to hide the bodies under a pile of manure, threw away the gun and bullets, and fled in his father's pickup truck to a town, where he bought a soda.

All of the victims suffered "kill shots" to the head, the prosecutor said.

"This is not the action of someone we can treat, your honor. I wish we could," said Grisham, who has worked in the juvenile justice system since the 1970s. "Your honor, there are some kids you just can't fix, and this is one of them. Our only alternative is to keep society safe as long as possible."

Because Cody was convicted of first-degree murder for the death of Marilea, Counts has the option of sentencing him as an adult and sending him to a state penitentiary for 30 years to life. Cody was also convicted of second-degree murder, manslaughter and tampering with evidence.

Cody's lead attorney, Gary Mitchell, argued unsuccessfully that Cody was denied due process because of conflicts between New Mexico appellate rulings and those of the U.S. Supreme Court concerning the treatment of juveniles by the justice system. But having lost that argument, Mitchell said the fact remains that Counts has the authority to sentence Cody as a juvenile offender and should.

"I doubt seriously that we need protection from this child. He is an abused child who comes before this court," Mitchell said. "Judge, the bottom line on this is that this child should be treated as a child."

The family speaks out

Cody's relatives are split about whether he really was abused by Paul Posey, as Cody testified, but a number of family members on Paul Posey's side were in agreement that the killings were not justified and that Cody should be punished severely for his crimes.

"It's time to get some things off my chest," said Verlin Posey, Paul's brother, delivering the first of about a half-dozen victim impact statements. "Yes, he was strict ... Yes, he was a hard man. He was who he was. You could take it or leave it."

Verlin Posey gave a victim impact statement Monday.

Verlin Posey said that, if Paul Posey was a disciplinarian, it was only because he loved his children and wanted Cody to grow into a man instilled with the father's values and work ethic. Paul Posey taught his son skills, the ability to solve problems and the satisfaction of a job well done, he added.

As for the abuse claim, Verlin Posey said he believes that Cody was merely parroting what family members on his biological mother's side were telling him.

"I believe that any type of punishment was abuse in your mind," Verlin Posey said. "You did not have to kill him, by your own admission. You weighed the options ... It was not self-defense. It was an ambush."

His voice-cracking with emotion, Verlin Posey pleaded with Counts to give Cody the maximum sentence.

"One lifetime in jail is not even close compensation for three lives taken by a cold-blooded killer," he said.

Verlin Posey's wife, Shanda, echoed the sentiment. "Your honor, I ask you to take into consideration everything Cody has taken away from this world just to make his world easier," she said. "Cody committed these crimes out of pure hatred and evilness ... Make his punishment fit his crimes: a lifetime in maximum-security prison."

Tryone Posey's mother, Leona Basham, cried as she remembered the victims but raised her voice when she asked the judge to hand down a severe penalty.

"Cody Posey will commit murder again the first time someone does not do as he wishes or makes him unhappy," she said.

Pat Basham, Leona's husband, added, "Cody Posey is a time bomb just waiting to go off again. If the court turns this young man loose on society, he will kill again if it suits his purpose."

Cody's first cousin, Clay Posey, told the court that he and the defendant had similar upbringings and that their fathers handled discipline in similar ways.

"Since we were treated similar, I don't know how you can say you were abused," Clay said to Cody. "I know that Paul sometimes spanked your butt and that you were slapped ... I do not believe that you were abused, but if you were, why didn't you ever tell me?"

Another prosecution witness, psychologist Juan Sosa, testified that Cody's lying, lack of emotion and lack of remorse are consistent with psychopathic traits. There is no known treatment for psychotics, and Cody would likely commit crimes again if given the chance, Sosa said.

The defense is scheduled to call its own experts Tuesday. Mitchell, Cody's lead lawyer, is trying to persuade the judge that Cody would have a better chance of receiving treatment and rehabilitation in a juvenile facility than he would if sent to an adult prison.

Cody Posey (center) was escorted to a sheriff's vehicle after Monday's hearing.

To bolster his case, Mitchell presented petitions and letters on Cody's behalf, and claimed that six of the 12 jurors who convicted Cody believe the defendant should be punished as a juvenile.

Grisham argued that prison is the right place for Cody, and any other sentence would be putting the community at risk.

"He's not treatable. There is no place on this planet that has had success treating psychotic behavior," the prosecutor said.

The sentencing hearing resumes Tuesday at 11 a.m. ET. The hearing will be aired on Court TV and streamed live on the Web by Court TV Extra.