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Updated Feb. 23, 2006, 11:21 a.m. ET

Teen killer promises judge he can be rehabilitated
Cody Posey
Cody Posey, who killed three family members, told a judge he wants to get his high school diploma, go to law school and learn parenting skills.

ALAMOGORDO, N.M. Cody Posey told a judge that if he sends him to a juvenile treatment center instead of prison, he'll work toward his high school diploma, prepare to study law, help abused children and deal with the mental health issues that the 16-year-old claims led him to kill his father, stepsister and stepmother.

And he made one more promise.

"I can tell you right now that I will never kill again," he vowed, testifying Wednesday as the last witness called during the sentencing hearing.

District Judge James Waylon Counts planned to sleep on his decision before imposing sentence on Cody Thursday morning. Among other things, Counts must decide whether Cody is suitable for mental-health treatment and whether there is a suitable facility in New Mexico that can take him.

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The judge could also conclude, as prosecutor Sandra Grisham reminded Counts again and again Wednesday, that the ambush-style shooting deaths of Paul Posey, his wife Tryone Posey, and her daughter Marilea were so heinous that Cody should serve time in adult prison.

"On July 5, 2004, Cody Posey thought he could get away with murder. He did not snap," Grisham said during her closing argument. "He planned and executed the murders and he planned and executed the cover-up afterward."

Grisham, who believes Cody has an anti-social personality and cannot be treated successfully, noted that the then-14-year-old boy killed Tryone Posey and Marilea so that they couldn't be witnesses against him. According to testimony, the real target of his anger was his allegedly abusive father, Paul Posey, a manager on ABC newsman Sam Donaldson's ranch.

Defense lawyer Gary Mitchell gave a nearly 20-minute speech about how New Mexico deals with serious youthful offenders poorly and how Cody's nationally watched case has shined the spotlight on the issues. Mitchell reminded Counts of the expert defense witnesses who found Cody suitable for treatment in a juvenile facility, and urged the judge not to give up on the boy.

"In this case, it is the overwhelming evidence that he can be treated and he's amenable to treatment ... The court has great discretion in this case, but that one factor is not something that can be overcome by the state's argument or the evidence they presented before this court."

For his part, Cody said he "regrets" killing his family and apologized to anyone hurt by it. As he has throughout the trial, the teen displayed no emotion as he spoke, explaining that he never really learned how growing up in a home atmosphere he claims was chronically abusive.

"Ever since the day of July 5, 2004, I have been haunted by the actions I took. Every day I regret what I did," Cody said, addressing the judge from a lectern. "I know it wasn't right ... I regret what I did. I don't know the emotions I am experiencing at this time. I really never knew emotions. I don't know how to express them or to even tell you what I'm feeling."

Cody said he would benefit from treatment and will deal with his many emotional problems, given the chance.

"I am hoping treatment will help me. I have treatment plans and goals. One of my goals is anger management," he said. "We wouldn't be here today if I didn't have a problem."

Grisham, the prosecutor, reminded the court of the testimony that Cody replaced snakeshot with real bullets to commit the killings and then reloaded the .38-caliber pistol even after everyone was dead. She argued that he was prepared to kill anyone who found out what he had done, and repeatedly recalled how Marilea, who would have been 15 today, was shot twice in the face from close range.

"To make sure she was dead. To make sure she wouldn't tell. To make sure he wouldn't spend the rest of his life in prison," Grisham said. "It's a predatory crime. It's not a situational crime. It's not something that was done by someone who snapped. It was cold, calculated and chilling."

Mitchell, the defense lawyer, spoke at length about the hundreds of letters and thousands of people signing petitions in support of a juvenile sentence for Cody.

"That's what we request today: that he be sentenced as a child; that a recommendation be made to Sequoyah [Adolescent Treatment Center]," Mitchell said. "That he be committed to the [state children's] department until age 21."

Grisham responded that if the judge were to grant Cody a juvenile sanction, state officials could parole him after 40 days. There's no guarantee that Cody would be admitted to Sequoyah, a secure treatment facility for violent boys that has a bed shortage, she said.

As for the community support, Grisham said that should not have great weight with the court.

"Your honor, the fact that many people do not consider Cody Posey a threat to them doesn't make it any less our responsibility to protect them from Cody Posey," she said. "I am here, your honor, to ask you not to let Cody Posey get away with murder."

If Counts imposes an adult sentence, Cody could be sent to maximum security prison for more than 50 years before he would be eligible for parole. Counts said he will impose sentence Thursday at 11 a.m. ET.

The sentencing hearing is being broadcast by Court TV and streamed live on the Web by Court TV Extra.

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