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Verlin Posey said life brought good and bad times to his younger brother, Delbert Paul Posey. But Verlin said he never saw the massive child abuse that his nephew, Cody Posey, says caused him to lash out in self defense and kill his family.
Posey, 16, is charged with shooting his father, Delbert; his stepmother, Tryone Posey; and his stepsister, Marilea Schmid, 13.
Cody was 14 at the time. He admits to the July 5, 2004, shootings on Sam Donaldson's Chavez Canyon Ranch in Lincoln County where Delbert was Donaldson's ranch manager. Over the past week witnesses testified to seeing the father's and stepmother's physical, verbal and emotional abuse Posey claims he suffered. On Friday the defense rested, and Senior Trial Prosecutor Sandra Grisham began her rebuttal. She has 39 witnesses. "The state's been furiously filing supplemental notices of witnesses," Judge James Waylon Counts said. Verlin Posey said he never see his brother swear at or call Cody names, or ever hear him say he hated Cody. "I believe at times it was a good relationship. It was a difficult relationship," Verlin said of the father-son rapport. What he did hear was his brother's pride in the boy's cowboying abilities. "He bragged on his roping," Verlin said. "He called me one night just excited on how Cody was dragging calves." According to Verlin, dragging calves means separating cows from the calves to be branded. He called it as a "glory job" not given to the inexperienced. "There's an art to it," Verlin said. "He was extremely proud of the job Cody done." Verlin has watched the week-long defense testimony, and heard witnesses for his nephew repeatedly assert the Dickensian torture on the ranch. They've talked of seeing bruises, black eyes and Delbert and Tryone calling the boy vile names and inflicting severe physical punishments out of anger. But Verlin said he never saw bruises, that Cody never appeared sad or depressed -- although he characterized the boy as "kind of quiet" -- and that Cody never complained of mistreatment. "I didn't see anything unusual," Verlin said. What he did see was a father passing on his skills to Cody. On a camping trip the families took together, Verlin said his brother taught Cody and Verlin's sons to rappel off a mountainside, and that Delbert was "patient" and ensured everyone's safety. Verlin said he himself would never have put up with abuse by anyone, and if had seen evidence of maltreatment would have acted to stop it. He had no qualms about leaving his own sons with Delbert because he trusted his brother. As Cody grew, Verlin said his nephew vacillated between being a cowboy and lacking any goals. While Verlin said his brother still held Cody responsible for chores, he explained how Delbert sat down and offered to help Cody learn to do whatever he wanted out of life. "There were times I know he (Delbert) wasn't happy with some of (Cody's) decisions," Verlin said. "(My brother) had talked to me; he was kind of at wit's end. It seems that Cody had lost interest in wanting to do anything." Except, Verlin said, "hang out with friends," whom Delbert had learned smoked marijuana and got into trouble. Under Grisham's questioning, Verlin said at one point he was surprised when his brother bought a gun safe. Grisham attempted to probe why, but defense lawyer Gary Mitchell objected to any answer as hearsay evidence. Grisham has stated in court the Poseys were afraid because Cody allegedly made violent threats.
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