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LOCAL NEWS

Fears shared
BY MICHAEL SHINABERY STAFF WRITER
Jan 25, 2006, 06:00 pm


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Sandra Schmid said her husband, Delbert Paul Posey, would arrive home from work after midnight and surf the Internet.

"As I walked in on him I could see porno and he would change the page," said Schmid, citing the satellite TV bill reflected his penchant for pornography, too.

Schmid said he was more open when he harshly punished his son, Cody Posey.

"I was more or less the go-between. ... A lot of times he would tell Cody he'd better thank me," Schmid said. "Paul really did not like Cody and I was afraid sometime if I wasn't there what he might do."

Posey's lawyer, Gary Mitchell, has said the discipline was in fact abuse, which accumulated until Posey snapped and killed.

Posey, 16, has admitted to the shootings of July 5, 2004, that killed his father; his stepmother, Tryone Posey, Delbert's third wife; and his stepsister, Marilea Schmid, 13. Posey was 14 at the time.

Senior Trial Prosecutor Sandra Grisham says Posey's acts were premeditated.

Schmid was the first defense witness on Tuesday as Posey's murder trial began its sixth day. She described Delbert's temper as sometimes "out of control," exemplified when she testified Delbert ordered his son to spend the entire day filling a 100-gallon trough with water carried in a Dixie Cup.

Several months after the couple divorced, she said Delbert shut down her contact with Posey. During one post-divorce visitation, she did call the New Mexico Children, Youth and Families Department because Posey "was very afraid to go home." She does not believe CYFD took action.

On cross examination, Grisham alluded that Schmid acted irresponsibly by leaving Posey "with Paul on a daily basis" while she worked, and for not contacting CYFD much earlier.

Grisham also questioned Posey's mother's reputation, asking Schmid about the mother's drug use and work as a stripper. Eventually the mother joined the Navy, gained custody, and Delbert disowned and disinherited his son. The father retook custody when the mother died in a vehicle accident.

Schmid's husband, Jacob Schmid -- Tryone's ex-husband and Marilea Schmid's father -- described Cody's demeanor as "downright scared."

"Have you ever seen a dog that's been whipped?" Jacob said. "That's the look in Cody's eyes."

He also testified Marilea "never voiced anything," but that he was concerned over the trouble he perceived at the Poseys. His relationship with his daughter was deteriorating, he said under cross examination, because of Tryone's "lies" that he had had affairs during the marriage. He said Marilea eventually chose not to see him.

During their court appearances both Schmids smiled warmly at Posey. Several relatives and friends have testified that after Delbert retook custody, they sent the boy cards and presents and made phone calls. At those revelations, Posey's face brightened. Mitchell told the Daily News that until that moment Posey never knew others had tried to maintain contact. Witnesses have testified they were perplexed when their efforts went unacknowledged.

Other relatives testified on Tuesday.

"Paul (Delbert) would never allow Cody to be a child. Cody was never really allowed to run and play like most kids," said his aunt, Shera Paul. "If he fell down and hurt himself Paul would call him horrible names like sissy and wimp."

She witnessed Delbert's anger when Posey was 5 and Delbert "slapped (Cody) in the mouth and busted his lip open." Grisham asked her why she didn't call CYFD.

"At the time I just assumed it was an accident," she said. "I had never seen Paul hit Cody before."

After the mother's death she called law enforcement in Otero County requesting a welfare check when the family was living near Weed, and subsequently she called CYFD. She said she never received follow-up calls.

William Brust Jr. was Posey's stepfather when his mother gained custody. Brust was in the Navy and testified he intended to adopt Posey. The three were driving cross-country to his new assignment when Posey climbed into the front seat.

"He wanted to sit with me and talk and hang out with me so he could get to know me and I could get to know him," Brust said.

Both had on their seatbelts; but Posey's mother, sleeping in the backseat of the Ford F-150 extended cab, was unbuckled. Outside Sheridan, Wyo., Brust succumbed to what police called "self-induced ... hypnosis." He recalled hearing Posey shout his name as the truck drifted off the road. The Ford rolled several times, and when it came to a halt Brust and Posey climbed out. He found his wife had been ejected.

"We both ran over to where she was laying down. She was laying face up. Her body was in convulsions, pretty much what they call death throes," Brust said. "The whole time (Cody) was calling out, 'Mom, Mom.'"

At the memorial service in Roswell, where Brust said she wanted her ashes spread, family decided to "give (Cody's) father a second chance" and allow Delbert to take the boy.

Several former Hondo classmates testified to seeing bruises and black eyes on Posey on more than one occasion. Grisham cast doubt on the credibility of one of those students, who admitted he'd been kicked out of school and had smoked marijuana with Posey.

But school guidance counselor Jack H. Nelson Sr. said on cross examination he never saw bruises or other signs of abuse; that Posey's "verbal and non-verbal communication ... didn't communicate to me" abuse; nor did he hear Posey gripe about mistreatment other than verbal arguments with his father and complaints of being overworked.

"In my wildest dream I never dreamed that he was a full-time rancher, which is what they were using him as one," Nelson said.

Teachers testified, too. One said his appeals to Tryone to allow Posey to participate in Knowledge Bowl was "for naught." He said Marilea returned her permission slip, but Posey said his "dad wouldn't let him go."

Another said Delbert personally told him Posey was grounded for a year and not permitted to play football or participate in FFA.

Science teacher Donna Crawford said she overheard Posey say, "My parents hate me and I hate my parents," so she called a parent-teacher conference -- something she testified she "immediately regretted."

"(Delbert and Tryone) were screaming and hollering," the teacher said. "Cody was sobbing. I was in shock."

Posey's former girlfriend, Brenda Lucero, said she called Posey at home and was told by Tryone "he wasn't allowed to talk." After the family transferred the two children to Capitan schools, Lucero said she tried to call Posey once and wrote "two or three letters." She got one response, and never heard from him again.


Ellis Neel/Daily News
HE'S A GOOD KID – Jake Schmid testifies during Cody Posey’s murder trial Tuesday in Judge James Waylon Counts’ courtroom.

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