GUILTY NM - Paul, 34, & Tryone Posey, 44, Marilea Schmid, 13, slain, Hondo, 5 July 2004

[tybee204]

I agree. Once he shot the stepmother, the other two were probably in the house in less than a minute, and they were killed only seconds apart. There was no time to think much about anything during the shootings.

Actually he shot Treone first with the snake shot still in the chamber, then shot her with the round of lethal ammo. Then he got a quilt and covered her up so that the others wouldnt see her when entering. He then positioned him self behind the refridgerator and laid in wait for his father. he put one bullet in his fathers head when he came in the door. Then a bullet in Marilea's when she entered. When he saw Marilea still move and starring at him he put another bullet in her head so she couldnt tell. He did so because in his own words "He didnt want to go to jail".

A child fighting for his life would not have the concern of going to jail on his mind IMO in the exact instant he is killing a 12 year old child.

 

[Goody]

I am not dissmissing the emotional abuse. I am in agreement that Cody was likely abused. I simply do not find it credible to exagerate the physical abuse IMO so extensivley to justify the deaths. If the truth isnt enough to explain his actions then IMO we have a problem and that to me implys a much more dangerous young man.

The descriptive violence Cody testified to does not measure true with the statement that his father knew not to hurt him to badly. Any number of the violent assaults Cody testified happened could have result in Cody's death or crippling. If the thrown hay bale occurred it could have easily resulted in a broken neck. 50 lbs thrown from 10 ft up would be like running head first into a brick wall.

But that is just the point. He had to dance around to AVOID getting hit with them. He may have been grazed by one or two or even knocked down occassionally, but he wasn't hit dead to center where he could have broken his neck or something. Probably as much luck as it was Cody's determination to avoid them. Why is that not enough abuse to impress you?

I don't get where you say the abuse was exaggerated. By whom and when exactly? Are you saying that witnesses describe less abuse than Cody does?

 

[Goody]

Actually he shot Treone first with the snake shot still in the chamber, then shot her with the round of lethal ammo. Then he got a quilt and covered her up so that the others wouldnt see her when entering. He then positioned him self behind the refridgerator and laid in wait for his father. he put one bullet in his fathers head when he came in the door. Then a bullet in Marilea's when she entered. When he saw Marilea still move and starring at him he put another bullet in her head so she couldnt tell. He did so because in his own words "He didnt want to go to jail".

A child fighting for his life would not have the concern of going to jail on his mind IMO in the exact instant he is killing a 12 year old child.

I am sure that sounds reasonable to you, but I doubt if it was to him. When you are in an abusive relationship or situation, your reality is altered. Your judgments are also altered. Everything is out of balance. Later you might look back and wonder.....why on earth did I ever believe that or think that? Why? Because in your altered reality everything is out of kilter. I don't think we can accurately predict what a child should or should not think in a situation like that because so much depends on what his reality dictated.

 

[tybee204]

But that is just the point. He had to dance around to AVOID getting hit with them. He may have been grazed by one or two or even knocked down occassionally, but he wasn't hit dead to center where he could have broken his neck or something. Probably as much luck as it was Cody's determination to avoid them. Why is that not enough abuse to impress you?

I don't get where you say the abuse was exaggerated. By whom and when exactly? Are you saying that witnesses describe less abuse than Cody does?

What you are not understanding is IMO it doesnt have to be either/or. Cody Posy planned and premeditated the murder of 3 people. Two adults and one child. The testimony in court is coming from a divided family and a divided community. Whatever level of abuse Cody underwent in his life there IMO can be no pass on laying in wait and extinguishing 3 lives. To mitigate his punishment IMO there needs to be unquestionable medical evidence , documented evidence etc to validate every level of abuse. This dosent exist. There is no medical evidence supporting the claims, no LE or DFS evidence supporting the claims. We have two extreme camps in this case testifying. The Defense has done a remarkable job in making Cody Posy the victim rather then the the perp. Marilea , a 12 year old child is the #1 victim in this case and is the child who has suffered the ultimate abuse. Two bullets to the head. The state of mind of her killer is secondary to the fact the he killed her to silece her as a witness. Many killers will present there abusive childhoods as a mitigating factor in their defense. Many with more horrendous stories of abuse then even Cody could imagine. They still go to prison for their crimes.

 

[Goody]

What you are not understanding is IMO it doesnt have to be either/or. Cody Posy planned and premeditated the murder of 3 people. Two adults and one child. The testimony in court is coming from a divided family and a divided community. Whatever level of abuse Cody underwent in his life there IMO can be no pass on laying in wait and extinguishing 3 lives. To mitigate his punishment IMO there needs to be unquestionable medical evidence , documented evidence etc to validate every level of abuse. This dosent exist. There is no medical evidence supporting the claims, no LE or DFS evidence supporting the claims. We have two extreme camps in this case testifying. The Defense has done a remarkable job in making Cody Posy the victim rather then the the perp. Marilea , a 12 year old child is the #1 victim in this case and is the child who has suffered the ultimate abuse. Two bullets to the head. The state of mind of her killer is secondary to the fact the he killed her to silece her as a witness. Many killers will present there abusive childhoods as a mitigating factor in their defense. Many with more horrendous stories of abuse then even Cody could imagine. They still go to prison for their crimes.

I disagree with you. For one thing, Marilea was not 12, she was 13, and that makes her within a year of Cody's age as he was only 14. She knew perfectly well what she was doing when she told on him constantly for little bitty infractions like taking off a long sleeved shirt at school to wear a tshirt like the other boys. She knew he would get into A LOT of trouble for that and she relished in it. True, they were both kids and she was a direct product of the abusive nature of Paul and his wife, but she was still a part of the abuse in Cody's eyes.

You choose not to believe the abuse was real because you believe all murder must be punished. You are not alone. Many people agree with you. I understand where you are coming from, and I admit to having mixed feelings about it, but bottomline here for me is that this boy was literally raised to become a killer. That was not his fault. If there is any chance he can be saved, the time to do it is now BEFORE he is conditioned any further.

This trial is a huge disappointment to me. The prosecutor is not much different from Johnnie Cochran. I am usually pro-prosecution but I am ashamed that the state can't step up to the plate and admit this boy has lived a miserable life, most of which could have been prevented, and drop the charges down to manslaughter where it most likely belongs. It was wrong of Johnnie Cochran to distort the truth the way he did just to get an acquital and it is wrong of this prosecutor to try to hide the truth just to get a conviction. Let the truth speak for itself. Let the jury decide what to do with it.

Maybe Cody killed Marilea because he was afraid she would tell on him or maybe it just got blurred where the parents ended and she began. Maybe he did plan it and maybe he did execute it coldly. None of that changes how this boy's psyche has been nearly destroyed. He was bounced from pillar to post, he watched his mother die at age 10, and then he was sent back to live with an abusive father who was married to an abusive woman, and a stepsister was forced on him who did everything she could to keep him in trouble 24/7.

Nothing has been proven that Cody ever did anything to warrant being grounded for a whole year, to warrant not being allowed to participate in school sports and dances, etc. Why you need medical evidence to support abuse that has been described by numbers of people is beyond me. I guess you just need the abuse to be more deadly, more damaging than a black eye or burn mark or cut from a hay hook . To me the most damaging evidence is what was done to his mind, that was far more severe than anything physical. I don't need the boy to suffer thru life and death situations to understand that he was being consistently belittled and abused. But don't ask me what should be done with him because I don't know. I just hope that he will be given a second chance somehow.

 

[tybee204]

Why you need medical evidence to support abuse that has been described by numbers of people is beyond me. I guess you just need the abuse to be more deadly, more damaging than a black eye or burn mark or cut from a hay hook . To me the most damaging evidence is what was done to his mind, that was far more severe than anything physical. I don't need the boy to suffer thru life and death situations to understand that he was being consistently belittled and abused. But don't ask me what should be done with him because I don't know. I just hope that he will be given a second chance somehow.

Goody, I do not need the abuse to be more deadly. What I think is that the evidence needs to match the testimony. If Cody testifys under oath that his father put his head through a wall and then made him repair it, I expect that wall to support that claim. it dosent. If Cody testifys under oath that his father used a hay hook on his hand I expect the medical evidence to support that. Xray damage and scarring should be present, it isnt. If testimony is that Cody was repeatedly punched in the mouth I expect a dental expert showing the damage done to Cody due to this abuse. (Ever been punched in the mouth with a closed fist? I have) No dental damage to Cody in testimony.

If Cody testifys that he was beat on the back with a rope that according to his own witness would cut a calf in half, I expect to see the scarring on his back. No medical testimony to support that.

If Cody was repeatedly (up to 3 times a day) punched, kicked , thrown through walls and knocked off horses, chairs etc I would expect to see some medical testimony to support that testimony. None offered

I dont need it to be worse. I need it to be true and believable to comprehend the murder of 3 people. The degree of abuse claimed by Cody to justify his actions should easily be medically validated if true. Its not there.

Again I spent 10 years working with severely abused children in the Court system. Over the years I have fostered a number of severely abused children. I have seen first hand the results of children that have been severely beaten over long periods of time. Their bones, organs, muscle and tissue radiate the abuse.

 

[tybee204]

I disagree with you. For one thing, Marilea was not 12, she was 13, and that makes her within a year of Cody's age as he was only 14. She knew perfectly well what she was doing when she told on him constantly for little bitty infractions like taking off a long sleeved shirt at school to wear a tshirt like the other boys. She knew he would get into A LOT of trouble for that and she relished in it. True, they were both kids and she was a direct product of tand then made him repair it,he abusive nature of Paul and his wife, but she was still a part of the abuse in Cody's eyes. ]

She knew he would get into A LOT of trouble for that and she relished in it.

And this would be who's testimony that she relished anything? Her own brother said that Marilea loved Cody and talked well about Cody all the time.

 

[BillyGoatGruff]

He probably did learn it from his father, but it in no way excuses the brutal premeditated triple murders.

I believe most psychopaths are made and not born. It doesn't mean they earn a free pass for murder.

Frankly, I understand perfectly how he reacted and why. Yeah, he premeditated it. He no doubt thought about killing them every damn day for years. The thing is he was finally pushed into acting on it. And this kid isn't going to to get a "free pass", no matter what happens.

 

[BillyGoatGruff]

And this would be who's testimony that she relished anything? Her own brother said that Marilea loved Cody and talked well about Cody all the time.

One of Marilea's school friends described this behavior on the stand.

 

[BillyGoatGruff]

One of my neighbors killed his father when he was a kid. He has never committed another serious crime,but he does have a drug and alcohol problem. However, he is married with children of his own now and holds down a steady job as an auto mechanic.

I knew a kid who shot his father and killed him. Turned out the "respected pillar of his community" liked to beat his wife like a drum and rape his daughters. He also kicked his sons around, just to keep things even, I guess. One night the boy went and got his dad's hunting rifle and sat in the garage in the dark until his father pulled the car in and the moment he got out of the car the boy stepped out and blew his dad's brains out. He got sent to a juvenile mental health facility and evry visiting day his family would come and see him. As far as they were concerned, he was a hero. I think the kid was 15 at the time of the killing. He was released by the time he was 21.

 

[tybee204]

One of Marilea's school friends described this behavior on the stand.

I have been searching all night for a link or reference to this friends testimony. Do you know her name or what day she testified? I cant find anything in reference to her testimony or the context of it.

 

[mysteriew]

Tybee, you make some good points about the lack of medical documentation of the abuse. Still, how many women go to court to press domestic violence charges, who don't have such medical documentation? That doesn't always mean the abuse didn't occur. It means the abuser was smart enough not to break bones, or the person being abused was quick enough to evade major damage. So in punching the boy in the face, if Dad didn't use full strength on him, does that invalidate the fact that he was punched? If hitting at him with a hayhook, and he jerked his hand quick enough or "Daddy dearest" was slow enough to allow him to jerk his hand thus only getting a scratch, does that mean that it wasn't abusive? If he was wearing a coat when beaten with a rope, it might explain no cuts on his back (I don't have court tv so haven't heard how the testimony was presented).
But, above all- you have to think as a kid that age would. Kids that age have a somewhat skewed perspective anyway. Whatever happens to them at that age (even normally) is potentially life ending. Someone says something bad to them at school- well that is a major life-ending problem, they don't have the skills that life experiences and maturity develop. He grows up with what seems to him, to have been a lifetime of abuse. Suddenly it escalates. Or at least the sexual aspect of it is added. To him a new torture. He likely felt as though someday his Dad was going to kill him, with his stepmother and stepsister's cooperation. (that type of thinking is pretty common to abuse victims of all ages). Now they come up with a new type of torture for him, before he dies.
And above all, what I see is that he reacted as a 13-14 child. Not an adult.
Again, I don't think he should get a pass. To give him no punishment, would be like giving him a pass to kill anyone he percieved to be a threat to him. But, just sending him to prison is not the answer either. All that will happen there is he will learn new, destructive coping skills. What he needs is to unlearn the ones he has, and to substitute new, healthier skills to help him release the emotion in safer, more constructive ways. He does have some coping skills- he hasn't responded badly to other authority figures, he doesn't respond badly with his peers. That tells me there is potential there.

 

[BillyGoatGruff]

I have been searching all night for a link or reference to this friends testimony. Do you know her name or what day she testified? I cant find anything in reference to her testimony or the context of it.

There were a couple of little girls from the last school they were in. I can't remember their names, although their testimony was highlighted/summed up on a Catherine Crier show. I would also recommend going to Court TV's message board about the case. Several posters are actually from the town (one is attending the trial in person) where this all went down and one is a young girl who went to school with both children. There is also discussion of how the DA was charged with beating/abusing his own learning-disabled child awhile back. If that's not grounds for an appeal, I have no idea what is.

 

[Linda7NJ]

Just a friendly reminder

This is a murder trial, triple murder.

Cody's father, step mother and step sister are not on trial for child abuse, because he MURDERERED THEM.

Cody is the defendant. It's HIS day in court. HIS trial, not theirs.

 

[Bobbisangel]

What you are not understanding is IMO it doesnt have to be either/or. Cody Posy planned and premeditated the murder of 3 people. Two adults and one child. The testimony in court is coming from a divided family and a divided community. Whatever level of abuse Cody underwent in his life there IMO can be no pass on laying in wait and extinguishing 3 lives. To mitigate his punishment IMO there needs to be unquestionable medical evidence , documented evidence etc to validate every level of abuse. This dosent exist. There is no medical evidence supporting the claims, no LE or DFS evidence supporting the claims. We have two extreme camps in this case testifying. The Defense has done a remarkable job in making Cody Posy the victim rather then the the perp. Marilea , a 12 year old child is the #1 victim in this case and is the child who has suffered the ultimate abuse. Two bullets to the head. The state of mind of her killer is secondary to the fact the he killed her to silece her as a witness. Many killers will present there abusive childhoods as a mitigating factor in their defense. Many with more horrendous stories of abuse then even Cody could imagine. They still go to prison for their crimes.

There isn't a xray in the world that can show emotional abuse. Many a father has phyically abused their children without breaking any bones. As I recall, it was Slim Brittan that witnessed the bales of hay being thrown down as Cody stood below them. He also stated that Cody could have gotten his neck broken if one of them had hit Cody just right. Remember that Slim and the other cowboy worked directly with both of the kids on the ranch.

I don't think any of us that haven't lived in a abusive home can put ourselves in a person's shoes that has. We don't know how injured a child can become.
We have no idea how reality for the abused person changes. We have people right here on this board that have been through an abusive childhood that do know how that feels and how it affects a child. They speak from experience.

The town that Cody is from could have turned totally in the opposite direction...against Cody. There is a reason that people believe what Cody and others have said. I personally am surprised that so many people have so much compassion for this boy. That tells me that they know something that we don't. I especially was surprised when Marilee's father testified in Cody's behalf. I've never ever seen that happen before. That speaks loudly to me.

Slim Brittan will be on the stand again on Monday for the defense. I hope he gets the calf story in.

 

[tybee204]

The Defense has ben very successful in getting people to emotionalize the case. The same arguments being made in Cody's defense by abuse victims were made in support of the Menendez brothers at the time their defense used this same strategy. Cody's Attorney has managed to make Cody the victim rather then the 3 people he shot in the head.

Marilea's father had not had contact with Marilea in years. She wanted nothing to do with him. His own son changed his last name so as not to carry the mans name. He never made an effort to insure his own daughter was not being abused , never tryed to get cusody to remove her from the violent home of Paul Posy. He has a frivolous lawsuit against Sam Donaldson in an attempt to profit from the daughters death that he did absolutly nothing to prevent. Yet because people feel emotion towards Cody's abuse they will believe testimony whether it be credible or not.
This mans son (Marileas brother) took the stand and basically demolished his fathers testimony.

I think Cody needs help for what ever it is that turned him into a mass murderer at 14 years old. But I think he needs help within the system. What he did was premeditated and calculated resulting in the brutal deaths of 3 people. The emotion and personalizing of this case IMO results in clouding ones ability to discern the legal facts of this case. That is and continues to be what the Defense is shooting for.

I dont think Slim is geting back on the stand. I think closing arguments are Monday then this case is going to the jury. Yesterday they were battleing out the jury instructions.

 

[fundiva]

The Defense has ben very successful in getting people to emotionalize the case. The same arguments being made in Cody's defense by abuse victims were made in support of the Menendez brothers at the time their defense used this same strategy. Cody's Attorney has managed to make Cody the victim rather then the 3 people he shot in the head.

Marilea's father had not had contact with Marilea in years. She wanted nothing to do with him. His own son changed his last name so as not to carry the mans name. He never made an effort to insure his own daughter was not being abused , never tryed to get cusody to remove her from the violent home of Paul Posy. He has a frivolous lawsuit against Sam Donaldson in an attempt to profit from the daughters death that he did absolutly nothing to prevent. Yet because people feel emotion towards Cody's abuse they will believe testimony whether it be credible or not.
This mans son (Marileas brother) took the stand and basically demolished his fathers testimony.

I think Cody needs help for what ever it is that turned him into a mass murderer at 14 years old. But I think he needs help within the system. What he did was premeditated and calculated resulting in the brutal deaths of 3 people. The emotion and personalizing of this case IMO results in clouding ones ability to discern the legal facts of this case. That is and continues to be what the Defense is shooting for.

I dont think Slim is geting back on the stand. I think closing arguments are Monday then this case is going to the jury. Yesterday they were battleing out the jury instructions.

Cody is a victim, but it sounds like you would prefer to have him dead and the Dad on trial before you will admit that. I, for one, find it justice that the abuser is finally the one that is found dead instead of the young abused children.

As for Marilea's father, she did visit him. He and the stepmother, who at one time was Cody's stepmother, had them both occasionally on weekends. He has stated, on national TV, that he filed the lawsuit so that the children's protection agency will have to make some changes, not to make a profit and they don't care if they make a profit. You seem to twist the facts to fit your own point of view as much as the prosecutor does. I guess in her mind she has to make up facts in order to justify her actions.

Yes, Cody does need help to deprogram him from all the abuse that he suffered from his Dad, stepmother and sister. I only hope they allow him the chance to get it, but not in an institution. In his mind he had no choice but to get out of the situtation this way. He had told family members, who reported it and got no action; he told teachers, who spoke to the parents and he got beaten; he told counselors, who reported it and nothing happened. When it was esculating to sexual abuse, I believe in his mind he had no choice. You forget, Cody was only 14. At 14 would you have known all your options and the results they would each bring. I doubt most adults know their options in abuse situations.

 

[tybee204]

Cody is a victim, but it sounds like you would prefer to have him dead and the Dad on trial before you will admit that.

I, for one, find it justice that the abuser is finally the one that is found dead instead of the young abused children.

As for Marilea's father, she did visit him. He and the stepmother, who at one time was Cody's stepmother, had them both occasionally on weekends. He has stated, on national TV, that he filed the lawsuit so that the children's protection agency will have to make some changes, not to make a profit and they don't care if they make a profit. You seem to twist the facts to fit your own point of view as much as the prosecutor does. I guess in her mind she has to make up facts in order to justify her actions.

Yes, Cody does need help to deprogram him from all the abuse that he suffered from his Dad, stepmother and sister. I only hope they allow him the chance to get it, but not in an institution. In his mind he had no choice but to get out of the situtation this way. He had told family members, who reported it and got no action; he told teachers, who spoke to the parents and he got beaten; he told counselors, who reported it and nothing happened. When it was esculating to sexual abuse, I believe in his mind he had no choice. You forget, Cody was only 14. At 14 would you have known all your options and the results they would each bring. I doubt most adults know their options in abuse situations.

First of you are entirely wrong in your comment

Cody is a victim, but it sounds like you would prefer to have him dead and the Dad on trial before you will admit that.

And to make that statement is an attack on me rather then the case at hand and a violation of Websleuths TOS. You are obviously not following the actual testimony in this case very closely to make these assumptions and erroneous comments .
Marileas father testified that Marilea no longer visited him and hadnt for a very long period of time. That his son (Marilea's blood brother) has no contact and has changed his last name to not have any affliation with the man. That she (Marilea) did not want contact with him. He is sueing Sam Donaldson because that is where the money is. He isnt trying to pass Bills at the State House or have laws enacted to protect children. Perhaps you do not see the difference between his actions of filing frivolous law suits against celebrites and actually working towards change as Mark Lunsford, Marc Klass and Sharon Rocha have done when their children were murdered.

It is my opinion tha Jake Scmidt (sp) had no credibility in his testimony. He as well as his wife (Cody's stepmother) claimed to know first hand of Paul Poseys abuse and deviant nature yet never took any measure to get Marilea out of that situation. Never filed for custody, never took a single measure to protect his daughter.
I say shame on them. What he stated on National TV directly conflits with what he and his wife testified to under oath in open Court.

 

[tybee204]

There is also discussion of how the DA was charged with beating/abusing his own learning-disabled child awhile back. If that's not grounds for an appeal, I have no idea what is.

Can you provide a Reliable News Link for this claim? I have read the same local gossip but even after hours of searchs and a few phone calls can not get it verified.

 

[BillyGoatGruff]

Can you provide a Reliable News Link for this claim? I have read the same local gossip but even after hours of searchs and a few phone calls can not get it verified.

http://mountainmailcountry.com/modules/news/article.php?storyid=625

Appparently Key was convicted of simple battery in Alamogordo Municipal Court re his 12 year old stepdaughter.