Prosecutor: 'Some kids we can't fix'

Defense says teen who killed family was traumatized by abuse

Aine Ford takes part in a candlelight vigil for Cody Posey on Sunday.

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ALAMOGORDO, New Mexico (AP) -- A teenager convicted of killing his family on newsman Sam Donaldson's ranch is a psychopath who cannot be rehabilitated, a prosecutor said Monday at the boy's sentencing hearing.

"Unfortunately, there are some kids we can't fix, and this is one of them," Sandra Grisham said during the hearing for 16-year-old Cody Posey.

But Posey's attorney contended the teen was traumatized by years of physical and psychological abuse that began when he was 18 months old, and that he is amenable to treatment.

"He's not a psychopath. He's an abused child who comes before this court wondering how much more has to go on in his life before he's given the same opportunities as other children and adults," Gary Mitchell said.

Posey was convicted earlier this month of murder in the deaths of his stepmother and 13-year-old stepsister and voluntary manslaughter in the death of his father, who was foreman on Donaldson's ranch in southern New Mexico. (Watch Posey cry as the guilty verdicts are read -- 6:50)

Posey was 14 at the time of the shootings.

Grisham wants Posey sentenced as an adult, meaning he could face more than 50 years in an adult prison.

In order for an adult sentence, however, state District Judge James Waylon Counts would have to find Posey is not amenable to being rehabilitated in available juvenile facilities.

Mitchell wants Posey sentenced as a juvenile, meaning the teen would be in a juvenile facility until his 21st birthday. He said staff members who have worked with Posey at a juvenile detention center in Albuquerque for five months will testify that he is amenable to treatment.

About 50 people supporting Posey paraded Monday in front of the courthouse.

Corliss Clees, Posey's maternal aunt, said she has spoken with her nephew by telephone almost every night.

"He is scared, but positive," she said. "He's afraid to get up and speak in front of the judge. He's afraid it won't be perfect."