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The state whisked through its last four witnesses Thursday in Children's Court before resting its case against a boy charged with three family murders. Cody Posey, 16, was 14 when he allegedly shot to death his father, Delbert Paul Posey; his stepmother, Tryone Posey, Delbert Posey's third wife; and his 13-year-old stepsister Marilea Schmid. He's admitted to the July 5, 2004, killings which took place on retired ABC newsman Sam Donaldson's ranch near Roswell. Delbert Posey was Donaldson's ranch manager.
Defense lawyer Gary Mitchell asserts the youth snapped after years of abuse.
Senior Trial Prosecutor Sandra Grisham's witnesses testified of their perceptions of Posey's home life. The day of the shootings one of Posey's teachers, Todd Proctor, saw Posey. Proctor said when he asked about the family, Posey responded "they were doing fine" and that the summer "was going great." "Did he seem emotionally upset to you?" Grisham asked. "No," Proctor said. Nothing seemed awry either to Bryan Bashum, Tryone Posey's brother, except for some trouble he said Cody got into. "Cody told me ... he had been grounded for being on the Internet," Bashum said. "I jokingly asked him if he had been caught downloading nudie pictures." Posey told him he'd been caught visiting sites regarding criminal activities. "He specifically mentioned the Menendez brothers, said if they had done it earlier they would have gotten away with it," said Bashum, referring to Lyle and Eric Menendez, who claimed they shot their wealthy mother and father in Beverly Hills because their father sexually abused them. Co-defense counsel Tim Rose attacked Bashum's credibility, alluding that medication Bashum takes for depression affects memory. "Is there anything you wouldn't do for her (Tryone)?" Rose said. "Let me be real blunt about it. Is there any lies you would tell this jury to benefit the prosecution and the state?" "No sir," Bashum said. Two pathologists finished the state's case. Dr. Debra Komar excavated the manure-pile gravesite. Komar testified "portions of remains" were already "sticking up from the manure" when excavation began. "They (the bodies) are essentially interlocking each other ... wrapped around each other," Komar said. "The mother was removed first. Her limbs were intertwined with the one (Marilea) below." She said Delbert's body was on the bottom "face down." Dr. Jeff Nine testified the three died from gunshot wounds to the brain: Delbert suffered one, Tryone two, and Marilea two. However, he said, one of Marilea's wounds was a shot in the jaw. "Had she received medical attention quickly would she have recovered?" Senior Trial Prosecutor Janice Schryer asked. While Nine said that was "hard to say," his opinion was the wound was not fatal and he believed she could have healed. Under Mitchell's cross examination he could not say whether the first shot went through the jaw or the brain.
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