In statements that were at times filled with anger and spoken through tears, family members and friends of Paul, Tryone and Marilea Posey finally got a chance to tell the young man accused of his family's murder how those killings have devastated their lives.

A psychologist for the prosecution asserted to the court that the family's killer is a psychopath.

As the hearing began, Judge James Waylon Counts heard a motion from Posey's attorney, Gary Mitchell, regarding the constitutionality of charging children as adults in cases such as this.

According to Mitchell, the very act of imposing adult sanctions on children is unconstitutional and has been ruled as such in other cases. However, earlier during the actual trial, Counts ruled that this is not the case. He stood by that decision Monday after hearing Mitchell's argument.

"As I ruled before on this issue in this case, the appellate guidance in the district is clear," Counts said. "The child's motion will be denied."

Children's Court prosecutor Sandra Grisham began sentencing arguments with an opening statement addressing Mitchell's claims that Posey would be amenable to treatment and should be charged as a child in the case.

By law, the judge in cases involving child offenders must consider several factors before deciding on an adult or juvenile sentence. Grisham pointed out that one of these factors is the seriousness of the crime.

"Obviously, first degree murder is the most serious crime," said Grisham, explaining that had Posey been just three years, three months and 14 days older when he committed the murders, he would have qualified for the death penalty in New Mexico.

"Murder of a witness is a death penalty offense in the state of New Mexico," Grisham said, referring to the shooting of Posey's sister, Marilea.

Posey testified during the trial that he shot his step-sister so she wouldn't tell on him.

Other factors to be weighed, said Grisham, include whether or not the crime caused injury to person or property; the maturity of the child involved; the record or previous history of the child; and the prospects for reasonable rehabilitation.

Grisham said it's the prospect of rehabilitation that cause the state the most concern. She said psychological testing during the course of the trial showed Posey possesses traits consistent with a psychopathic personality.

"The problem with Cody's case isn't that we can't treat him in the state of New Mexico," said Grisham. "The problem is that no one knows how to treat psychopathy."

Grisham then gave examples of actions the prosecution believes show just how callous and cold Posey was at the time of the shootings.

"Think about the callousness of blowing someone's face off," said Grisham. "He buried the bodies in a particularly callus way; handled them coldly, roughly. Perhaps one of the most chilling things that came out in this trial is that Cody reloaded that weapon. He shot the five shots that were in that weapon, and then he reloaded.

"There was only one reason for Cody Posey to reload that weapon and that was to kill any other witnesses who happened to show up."

In the end, Grisham cited her experience in dealing with abused children and her belief that sometimes there are children for whom there is no easy answer.

"I have been working for abused and neglected children for 30 years," said Grisham. "But, your honor, there are kids we just can't fix."

Mitchell, who appeared to be infuriated by the prosecution's assertions that Posey had psychopathic traits, responded to the state's opening statement.

"Thank the good Lord most people don't agree with Ms. Grisham about whether we can save children or not," said Mitchell. "Because in this state, Cody Posey has been found to be treatable."

Mitchell said those involved in Posey's treatment would testify during defense arguments in order to prove the prosecution's assertions are incorrect.

The support for the defense has been strong. The gallery in the courtroom filled to capacity with supporters from both sides of the issue. Supporters on the defense side seemed unable to contain their hostility at times, commenting on the turnout by the family of Delbert Posey's brother, Verlin, as well as the jury and the prosecution.

At one point later in the afternoon, Counts was forced to admonish some in the gallery for an outburst which occurred during the questioning of a prosecution psychological expert.

"I would remind (spectators) that you are here to observe," said Counts. "You are not here to participate. If I hear anymore outbursts the offenders will be removed and we will proceed with contempt of court. Do not attempt to participate in this case."

Those on the prosecution side of the gallery were low-key, quiet and composed, apparently waiting to make their point of view known when called to the podium.

Verlin Posey began his statement as he looked his nephew in the eye. Posey returned that look for a short time, but as Verlin continued his comments, Posey turned to stare at the defense table, a position he took during many of the statements.

"Cody," Verlin said, "for the last year and a half I've listened to many versions of your story, and now it's time to get some things off my chest."

Verlin talked about his brother, Delbert, explaining his beliefs about his brother and how Delbert hoped to raise his son.

"Yes, he was a hard man," said Verlin. "He was not in a popularity contest. He believed he had two jobs to do, and the first was to take care of his family and raise his children to be (productive members of society.)"

Through his brother's efforts, Posey had gained much, Verlin said. And the work that Posey was required to do was not what Posey claimed it was.

"We both know in our minds that it was not slavery," Verlin said.

"I believe that your mother's family planted the abuse seed in your mind a long time ago. Any time you had to do something you didn't want to do, it was abuse. I also know that you wanted to hang out, run around, smoke dope, etc., and not being able to do so was abuse. If your folks hadn't loved you they wouldn't have cared what you did.

"I believe that these claims of abuse are the lies you've come up with to get away with murder," Verlin said.

Following his statements, Verlin asked Counts to sentence Posey to the maximum adult sentence.

Delbert's brother was followed by other family members and friends of the family, all of whom asked Counts to set aside juvenile sanctions and give Posey an adult sentence.

After lunch, the prosecution called a psychologist to the stand to discuss Posey's behavior.

Dr. Juan Sosa described the results of his examination of Posey and notes regarding Posey's treatment while in the system.

As Grisham guided Sosa through the questioning, Sosa continued to express his belief that Posey suffers from a character disorder and is a psychopath.

Sosa, who has worked with abused children for 40 years, said while doctors do not diagnose children under the age of 18 as psychopaths, that age limit is more for the convenience of the court system than a realistic benchmark for treatment purposes.

"The rule of 18 years is very appropriate for the legal system, because it's good for court and lawyers to have a line to diagnose something or another," Sosa said. "For psychiatry and psychology that doesn't work."

Many personality traits are set from ages one to five, he said, noting children don't just suddenly manifest psychopathic traits when they turn 18.

Sosa then agreed with Grisham that by adolescence, the chance of changing psychopathic personality traits was slim.

"Slim to none," Sosa said.

Through Grisham's questioning, Sosa described many instances where Posey appeared to exhibit personality traits consistent with psychopathy.

"Cody admitted himself that he lied a lot," said Sosa. "That he got in trouble at home with his parents because of his lies. There's a track record here, admitted by Cody, of lying and getting in trouble."

When Posey was in a treatment group awaiting trial, Sosa said, Posey claimed he was in the group to be treated for anger management, but never mentioned the murders.

This action was typical of Posey's reaction to the killings, Sosa said.

"I've observed Cody (during the trial) as having no feeling, no emotion," said Sosa.

"He could not tell (the look) that Marilea (had on her face) when he shot her. I had to say the word 'fear' before he 'agreed,'" said Sosa. "There are many factors here that make you doubt, a lot."

After Grisham questioned Sosa, Mitchell struck back at Grisham's and Sosa's assertions.

"Doctor, I heard you mention this age five, and by that time we have certain traits that are set," said Mitchell. "By age five, if someone has psychopathic traits should we start locking them up then?"

"I wouldn't say that we should (be locking up five-year-olds), because the personality is not set," Sosa said. "You will see some deviant behaviors, some language problems with the lying. You can see some problems, the child is going to be difficult to manage."

"So when do you give up on these kids? Do you give up on them at age five, at age 8, age 10?" Mitchell asked. "What's the magical age when we give up?"

"We never give up on them," Sosa replied.

"Then what are we doing today, doctor, if we're not giving up?" Mitchell asked. "We've been talking here all day long, all afternoon about psychopathic traits and that your opinion is that there is no way to treat someone with these traits."

"My opinion is that these individuals rarely respond (to treatment)," said Sosa. "As it relates to children, children are developing, children are growing, children will be what they are at some point. But you know what, the problem here when we talk about Cody, is that he committed three murders. That's past behavior. And on the testing, he doesn't look very good."

Mitchell then asked Sosa if he felt Posey would be a good candidate for treatment.

"If somebody wants to treat him, someone wants to admit him, that's OK," Sosa said. "He may adapt, but I think the basic personality character isn't going to change."

Mitchell will make a presentation for the defense Tuesday to accommodate scheduling issues. The prosecution will resume its presentations Wednesday.