The defense lawyer for 16-year-old Cody Posey is praising 12th Judicial District Judge James Waylon Counts for sentencing Posey as a juvenile -- and not to decades in prison as an adult.

"I think the judge was extremely fair," lawyer Gary Mitchell said. "To me, he's a hero."

Posey was convicted in Children's Court for the July 5, 2004, shootings of his father, Delbert Paul Posey; his stepmother, Tryone Posey; and his stepsister, Marilea Schmid.

On Thursday, Counts sentenced Posey to the custody of the New Mexico Children, Youth and Families Department until age 21.

Grisham said in court that Posey could be eligible to be released in as little as 40 days.

Posey has been in prison since his arrest two days after the killings. He was 14 at the time. The shootings occurred on retired ABC newsman Sam Donaldson's Chavez Canyon Ranch in Lincoln County. Delbert Posey was Donaldson's ranch manager.

Mitchell based his defense on charges that Posey's family inflicted physical, verbal, emotional and sexual abuse on Cody. Defense psychologists testified such treatment pushed the boy into a fight-or-flight response because he feared for his life.

Grisham asserted Posey planned the murders with forethought, and lay in wait for his victims.

In his sentencing, Counts said he was bound by law and not personal feelings. He didn't believe the state proved Posey suffered anti-social and conduct disorders that would make the boy a danger to society.

Counts did believe Mitchell proved Posey suffers post-traumatic stress disorder and depression.

Thousands of people from across the nation have rallied to Posey's defense. They sent e-mails and letters to the court, signed petitions, and picketed on his behalf at the Otero County Courthouse.

"I think to the thousands and thousands of people he's (Counts) certainly a hero for what he did," Mitchell said. "It was a great reflection of justice. I felt all along that he had to follow the laws and (believed Cody) is amenable to treatment. He followed the law. He didn't have to. To me that's courageous."

Grisham said that while she "strongly" disagrees Posey was abused, she appreciates the men, women and children who acted "out of a belief that he was an abused child" and spoke up on behalf of the boy.

What's important to focus on, she said, is the abuse and neglect of children. Grisham pointed out it's an area she has been involved in for 30 years, starting as one of New Mexico's two delegates to the Regional Resource Center for Child Abuse and Neglect.

"Since then, I have been on the committee on safehouse interviews for abused children," Grisham said.

She chaired the New Mexico Council on Crime and Delinquency, and co-chaired the subcommittee on Child Abuse and Neglect that re-wrote the Children's Code. She has served on revision committees, on numerous boards such as Children In Need of Services and Big Brothers Big Sisters, and volunteered as a swim coach.

She brought CASA (Court Appointed Special Advocates on behalf of children) to the 12th Judicial District, and serves on the Children's Court Rules Committee and the state Drug Court Advisory Committee.

"I mention my background because I want to invite all of those who expressed a genuine concern for abused and neglected children to join those of us who have been working and volunteering in this field for years," Grisham said. "Take up the torch. Be a CASA, be a mentor, be a Big Brother or a Big Sister, volunteer in a classroom, coach a team. Everyone can do something. Together we can work miracles."

Grisham said Delbert Posey's brother, Verlin Posey, has expressed "trust in God that some good would come from this tragedy."