Judge James Waylon Counts' courtroom filled again Wednesday for day three of Cody Posey's sentencing hearing, but the proceedings maintained a more subdued note.

Before the hearing began, supporters on the defense side chatted softly with Posey's attorney, Gary Mitchell, or amongst themselves, while those on the prosecution side watched and waited. At least four children dotted the quiet crowd.

The three were killed on retired ABC newsman Sam Donaldson's Lincoln County ranch on July 5, 2004, when Posey was 14.

Posey's fate now rests in Counts' hands, who must decide during this hearing whether to sentence Posey as a child or as an adult.

After Counts called the court to order, Marilea's grandparents and cousin took turns at the podium, speaking in support of Posey.

"We know that what Cody did was not right, but I believe the years of abuse this boy suffered at the hands of his family led him to do this," said Mary Herrington, Marilea's grandmother.

Marilea's grandfather wept as he addressed the court.

"We have a great loss with Marilea, but still I don't think it's Cody's fault," he said. "I think he was beat until he snapped and shot all three of them. I think he didn't know what he was doing."

Mitchell then called to the stand Dr. Susan Cave, to testify to Posey's capacity for rehabilitation.

"Do you have an opinion, as a psychologist, as to whether Cody Posey is amenable to treatment?" asked Mitchell.

"Yes, I have an opinion. I have the opinion he is amenable to treatment," replied Cave.

Under Mitchell's questioning, Cave went on to list several New Mexico high-security rehabilitation centers in which she feels Posey would receive "quality treatment," and explained what his parole process would be like if sentenced to detention in one of those facilities.

Cave responded to prosecution psychologist Juan Sosa's assertions that Posey is a psychopath with a conduct disorder by quoting from two psychology texts. Both cautioned against the use of certain tests and labels when evaluating children and adolescents.

"There are ethical standards for the use of psychological tests ... you must take into account the scientific limitations of tests," she said sternly. "You can use them short-term, within a narrow framework."

"Is it your opinion that Cody has psychopathic tendencies?" asked Mitchell.

"My opinion is there's not enough data to draw that conclusion," she replied.

"Did you find any disordered conduct when you examined Cody?" asked Mitchell.

"No, I did not," she said.

In her cross-examination, Children's Court prosecutor Sandra Grisham asked Cave if she knew how many of the adolescents she has assessed have gone on to again commit crimes.

"No, I don't," answered Cave.

With that, the prosecution temporarily rested, and statements in support of Posey resumed.

Sherry Gensler, Posey's mother's cousin, tearfully told the court of her many attempts to contact the family and check up on Posey, and she apologized to Posey directly.

"Cody, in the last few weeks, we have heard a lot about choices ... as your family, I apologize, because we have made some bad choices," she said. "I don't understand how your family can say you weren't abused ... the abuse we've heard of for years and years and years."

Corliss Clees, Posey's maternal aunt, made the final statement before the court recessed for lunch. She addressed Counts directly, saying she respects his authority and does not envy the decision he must make.

"But you can't treat him as an adult -- he did not have a childhood, your honor. He has not had a proper life," she said.

Clees called Delbert Posey a coward, and claimed she had defended Posey's mother -- who she helped raise -- from Delbert's abuse many times . She also claimed that several of Posey's teachers have approached her recently to confess they knew of the abuse, and never reported it for fear of losing their jobs.

In tears, she pledged her loyalty to her nephew.

"That boy is not a throw-away penny ... he belongs to me, he is my family. I will love him for the rest of my life," she said.

In afternoon testimony, Dr. Wade Cooper Myers was called to the stand by the prosecution to talk about psychopathy, and symptoms Posey might have displayed throughout his life.

Myers testified he had evaluated Posey during the boy's stay at Sequoyah. The prosecution started by asking Myers about the criteria in considering Posey's amenability to treatment.

"My prognosis is guarded," Myers said. "Treatment lasting no longer than the 21st birthday raises some serious concerns."

Myers said the most serious issue to consider would be the nature of the killings.

"Even if you assume all the allegations of abuse are true, it would not justify the mother and step-sister issue," Myers said. "That would speak to concern of psychopathic traits."

With psychopathy, analysts would usually see some symptoms of conduct disorder, Myers said. Conduct disorder symptoms in Posey's case would include a long pattern of lying and the fact that he killed the parents showing what Myers called "predatory aggression."

Myers said predatory aggression is evidenced in the deliberate actions Posey took, such as reloading the gun by taking out the snake shot and putting in a lethal load; tucking the gun behind his pants; walking into the house before shooting his father to kill Tryone first so she couldn't call 911 for help; shooting his step-sister; and finally, covering up the crime.

If Posey had snapped, that would imply emotionally based, non-thinking behavior instead, Myers said.

Also supporting the conduct disorder prognosis is documentation underscoring a history of fighting, promiscuous behavior and problems with authority, Myers testified.

Grisham ran through a list of Posey's behaviors, asking Myers if they could be termed anti-social behaviors. Included in the list were smoking in eighth grade; drinking; smoking marijuana; fighting; joining a gang; having three to five sexual partners; and never crying, except once. She included narcissistic behavior in the list because Posey reportedly referred to himself as a "handsome young man" at the youth facility he has been in.

Myers conceded all these things could be termed anti-social behaviors.

"He is a handsome young man, but that would be a narcissistic thing to say," Myers said.

Under cross examination, Mitchell asked Myers details about Posey's test scores in various psychiatric tests.

Myers conceded Posey's test results in the area of family discord were high, indicating a "hostile, rejecting and unfriendly family life," in Mitchell's words.

On her follow-up questions to Myers, Grisham asked about psychopathic traits which allow people to blend in.

"Psychopathy's nobody's fault," Grisham said. "(But) that doesn't make them less dangerous, does it?"

"No," Myers said. "They (psychopaths) can blend in, kind of like a chameleon."

He said psychopathic traits could be muffled by the type of upbringing a child has. Grisham suggested Posey's treatment by his family was a strict effort to control his psychopathic behaviors.

Grisham asked Myers if he diagnosed post traumatic stress syndrome in Posey. Myers said he had not, but he did find two symptoms of PTSD.

There were no nightmares or reflexes one might expect from abuse symptoms causing PTSD, Myers said. But he did find two other symptoms related to the death of Posey's mother -- dreams about her, and a fear felt when a vehicle he is in goes quickly around a corner.

Mitchell then approached Myers, saying Posey was not diagnosed with a conduct disorder and Myers himself hasn't diagnosed him as a psychopath. Myers had said earlier he could not diagnose Poses as a psychopath.

"We are not able to predict future violence," Myers said. "We only can look at risk factors."