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LOCAL NEWS

Guilty on all counts
BY MICHAEL SHINABERY STAFF WRITER
Feb 8, 2006, 06:00 pm


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Cody Posey's supporters held hands and silently prayed.

Senior Trial Prosecutor Sandra Grisham paced.

Sheriff's deputies lined the courtroom aisle in a double row to react in case opposing sides erupted in anger.

The flurry of activity began soon after jurors knocked on the courtroom door at 6:15 p.m. on Tuesday. They'd reached a verdict. Word spread. There wasn't a seat left by 6:40 p.m.

At 6:42 p.m., defendant Cody Posey, dressed in a dark suit, white shirt and tie entered the courtroom beside his lawyer, Gary Mitchell. He gazed out at the spectators. Within seconds, those in the packed room stood as Judge James Waylon Counts strode in.

Posey sat, lowered his head, clasped his hands before him, and prayed.

Posey, 16, had admitted to the July 5, 2004 shooting of his father, Delbert Paul Posey; his stepmother, Tryone Posey; and his 13-year-old stepsister, Marilea Schmid. Posey was 14 at the time.

The crimes occurred on Sam Donaldson's Chavez Canyon Ranch in Lincoln County where Delbert was ranch manager. Mitchell insisted years of emotional, verbal and physical abuse -- as well as an incident where Posey said his father tried to force him into sex with his stepmother -- pushed the boy to react in self defense for fear of his life.

The jury patiently listened for three weeks and finally entered with its verdict at 6:44 p.m. Tuesday, a little more than a day after they began their deliberations. Before they sat down, two of the younger women glanced over at Posey and smiled.

As Counts examined the verdicts, Posey went back to praying. Mitchell joined him.

But when Counts read the verdicts, Posey's aunt sobbed and collapsed on the floor in the spectators' gallery. An ambulance was called.

Guilty of voluntary manslaughter in the death of his father.

Guilty of second degree murder in the death of Tryone.

Guilty of first degree murder in the death of Marilea.

At the third pronouncement, Mitchell ran his hand through his hair and grimaced hard.

Posey was also found guilty of four counts of tampering with evidence for hiding the bodies and destroying evidence.

After conferring with the boy, Mitchell rose and asked that the jurors be polled individually.

Each confirmed their decision.

Mitchell embraced Posey, who was visibly and audibly crying. For more than a year-and-a-half, Mitchell has stood staunchly by his client. He passionately believes in the child's innocence.

Posey buried his head in his arms on the table.

"You wonder when we will start taking care of our children in New Mexico," Mitchell told the Daily News. "You wonder how long we adults will continue to hold these children to much higher standards and expect them to suffer much more than what we would suffer as adults, and to tolerate much more than we would tolerate as adults. And you wonder when the people we send to the Legislature will finally care about children, and when a governor that has a major surplus will finally start doing something about children."

Several defense witnesses testified they contacted law enforcement and the state's Children, Youth and Families Department after witnessing parental abuse -- yet said they never saw a response to stop that mistreatment.

"So those men and women at the Legislature and our governor, don't tell me they care about children, not after this," Mitchell said. "All the adults stood by and this happened and nobody stopped it. And so many knew. And so now we adults put all the guilt on Cody Posey and we, the state of New Mexico, now ask that we send him away. Forever."

Mitchell, too, said he saw some jurors smile at Posey before the verdicts were read.

"That's pretty mean," Mitchell said.

District Attorney Scot Key commended Senior Trial Prosecutors Sandra Grisham and Janice Schryer for "not succumbing to emotion, sympathy, or buying in" to the abuse defense.

"It's hard to be happy about a verdict when three people lay dead in graves and a 14-year-old boy admittedly killed them. We're satisfied with the judgment and consideration of an Otero County jury that thoughtfully looked at all of the massive amounts of evidence, at least find the verdicts that they did," Key told the Daily News. "Sandy Grisham and Janice Schryer, they did a helluva job, and Otero County should be proud that they stood up and did the right thing for the right reasons."

Counts thanked the jurors for their attentiveness.

"Throughout the last three weeks (I) noted how carefully you were paying attention. That's all we can ask of a jury, to pay attention and seriously arrive at a verdict," he said.

Deputies allowed the Posey family and relatives who had testified for the state to leave first. After they rushed out the door and into a secure area, defense supporters and family members were allowed to exit.

Posey's next appearance will likely be at sentencing. He continues to remain in custody as he has since he was arrested on July 7, 2004.

In January, Mitchell said he would likely appeal a motion, which Counts denied, to suppress Posey's videotaped confession. He made it when he was 14, two days after the shootings. No lawyer was present. Posey twice waived his Miranda rights.

"It will be an issue," Mitchell said.


That poor boy -- Corliss Clees, left, collapses in the gallery after her nephew Cody Posey was found guilty by a jury in his murder trial in Judge James Waylon Counts' courtroom Tuesday evening. Jurors convicted 16-year-old Posey of two murder counts and a voluntary manslaughter charge in the deaths of his family on newsman Sam Donaldson's southern New Mexico ranch.

Guilty -- Cody Posey, left, and his defense attorney Gary Mitchell, right, react as a jury returns the first guilty verdict in his murder trial in Judge James Waylon Counts' courtroom Tuesday. Posey, 16, charged with murdering his father, stepmother and stepsister on a New Mexico ranch owned by newsman Sam Donaldson, was found guilty of one count of voluntary manslaughter for the death of his father Delbert Paul Posey; guilty of one count of second-degree murder for the death of his stepmother Tryone Posey; and guilty of one count of first-degree murder for the death of his stepsister Marilea Schmid.

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