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

[tybee204]

Mr Mitchell discussed the fights but stated they were all self defense

 

[gingersnap]

Thank you tybee. I guess I need to turn the tv back to CTV.

 

[tybee204]

Another interesting thing (From CTV Chat with Verlin Posey) is that Paul an Tryone Posy had purchased a gun safe after a particulary strange occurance regarding Cody.

They (the parents) were going out late at night to check a cow and told Cody and Marilea to go to bed. Cody something to the affect of ...How will I know its you coming through the door and not shoot you by mistake. He allegedly kept repeating it over an over gain.

(This is not verbatim how Verlin said it, i cant remember the exact words)

Verlin Posey definitly has different views then I do on what constitutes abuse on a child but he does remind me of the spare the rod spoil the child attitude of my grandparents generation.

 

[BillyGoatGruff]

If the judge is capable of making an informed deicision, he will review the entire case over the next few weeks and craft his sentencing accordingly. I definitely got the impression he was not happy with the prosecution's rather bizarre denial stance regarding the abuse of the defendant, and was probably wondering on more than one occasion why this was never pled out before getting into his court. As the jury found manslaughter on the father, it basically signals to the judge that they believed the abuse occured as described by Cody and others, and that the 2nd degree on the stepmother reflected some cupability on her as well. Ideally, he could sentence him to 15 years (5 in juvie, 10 in adult)with time served calculated, with a parole period of 25 years thereafter, with court-mandated counciling. While the boy needs to be punished for what he's done, I don't feel that throwing him in a cell and tossing away the key is called for. The murders could have been prevented by simple intercession by the state or other authority figures any time over the last 14 years, but that never happened. While Cody may have pulled the trigger, the blame for the triple killings is spread far and wide, and the judge knows that.

 

[BillyGoatGruff]

Mr Mitchell discussed the fights but stated they were all self defense

Probably just trying to keep from getting raped by the other inmates. Juvie's no different from the big boy detention centers in that regard. And high-profile priosners draw a lot of heat.

 

[fundiva]

When did the verdicts come in? I've been watching Fox, CNN, and MSNBC all evening and hadn't heard a word.

This means that he will be in prison for the rest of his life????? I am sick to my stomach. I hope some of the jurors speak to the press on CTV tomorrow.
I just can't believe this. I expected manslaughter but not the rest of his life in prison.

I sure as hell wish any one of the alternates had gotten to deliberate. She would have hung the dam jury. They all said they would have gone with manslaughter :furious:

I agree about the alternates. What I find strange is that all the alternates would have wanted manslaughter, but somehow the 12 that got left on the jury all went for the higher charges and didn't take long to deliberate it. Seems a big odd to me.

I would have agreed with manslaughter and for Cody to get some help. All this verdict does change the abuse from his parents to the system abusing him. The irony of the situation will be that if he goes to an adult prison he will have to turn into a person just like his Dad in order to survive. They should have sent a message to the abusers that abuse of any kind (physical, emotional or sexual) will not be tolerated. Maybe the next time someone abused a kid they would remember that one day that kid will be old enough, big enough and strong enough to defend themselves. I just hope more kids will defend themselves and the system gets their heads out of their a__.

 

[fundiva]

Another interesting thing (From CTV Chat with Verlin Posey) is that Paul an Tryone Posy had purchased a gun safe after a particulary strange occurance regarding Cody.

They (the parents) were going out late at night to check a cow and told Cody and Marilea to go to bed. Cody something to the affect of ...How will I know its you coming through the door and not shoot you by mistake. He allegedly kept repeating it over an over gain.

(This is not verbatim how Verlin said it, i cant remember the exact words)

Verlin Posey definitly has different views then I do on what constitutes abuse on a child but he does remind me of the spare the rod spoil the child attitude of my grandparents generation.

Is this the cow that he beat in the head with a rock until it was blind? (dripping with sarcasm)

 

[fundiva]

Verlin Posey was on CTV and he and the anchor were discussing it. She (the Anchor) had heard the rumors about it and Verlin was confirming it to her.

How would Verlin know? He hasn't had contact with Cody and would only be going on rumors. He would say anything to make Cody look bad at this point, IMO.

 

[tybee204]

A member of the Defense team confirmed it as well. She said that all of Cody's fights were bad boys challanging his manhood or something to that affect.

A CTV poster claiming to be Cody's Aunt says one fight was over a video game, and another was a rude comment made about Codys mother. She didnt list reasons for all the fights.

 

[tybee204]

How would Verlin know? He hasn't had contact with Cody and would only be going on rumors. He would say anything to make Cody look bad at this point, IMO.

Verlin likely has contact with the Prosecution

 

[tybee204]

If the judge is capable of making an informed deicision, he will review the entire case over the next few weeks and craft his sentencing accordingly. I definitely got the impression he was not happy with the prosecution's rather bizarre denial stance regarding the abuse of the defendant, and was probably wondering on more than one occasion why this was never pled out before getting into his court. As the jury found manslaughter on the father, it basically signals to the judge that they believed the abuse occured as described by Cody and others, and that the 2nd degree on the stepmother reflected some cupability on her as well. Ideally, he could sentence him to 15 years (5 in juvie, 10 in adult)with time served calculated, with a parole period of 25 years thereafter, with court-mandated counciling. While the boy needs to be punished for what he's done, I don't feel that throwing him in a cell and tossing away the key is called for. The murders could have been prevented by simple intercession by the state or other authority figures any time over the last 14 years, but that never happened. While Cody may have pulled the trigger, the blame for the triple killings is spread far and wide, and the judge knows that.

I agree this Judge needs to find a path tempering Justice with Mercy.

 

[Bobbisangel]

Probably just trying to keep from getting raped by the other inmates. Juvie's no different from the big boy detention centers in that regard. And high-profile priosners draw a lot of heat.

Cody's wonderful attorney said that the dentention center is very large with lots of kids from gangs and kids that have lived rough tough lives. The others would hit Cody and call him names because they knew that he was charged with the murder of his family. He said that Cody defended himself against them instead of standing there and letting them beat on him. I think Cody has come to a place in his life that he isn't going to let someone abuse him while he stands there and takes it like he had to do for years. I'm sure that workers from detention will testify at sentencing.

 

[Bobbisangel]

I most generally can't stand defense attorneys. I think they act like asses during trials BUT I am totally impressed with Cody's attorney. He has so much compassion and he really cares deeply for Cody and he is an excellent attorney. My heart broke for both of them when that verdict came in.....film on CTV.

I could hardly stand to listen to either of the prosecutors. That red head was so snippy and rude. The other one wasn't much better. There attitudes really got to me. Usually I'm cheering for the prosecutors but not this time.

I hope the judge finds some understanding of this case in his heart. I hope that he understands things that the jury obviously didn't. I hope he takes Cody's age into consideration...the abuse for years and the fact that he has never been in trouble with the law....he's an excellent student...and that when a 14 yr old kid's father wants him to have sex with his stepmother it was the straw that broke the camels back. Cody is a excellent candidate for rehabilitation. Keeping my fingers crossed and the prayers flying for this boy.

If this boy is going to be locked up for the rest of his life then they may as well not worry about counseling of any kind. What would be the point. We know what will happen to this kid if they throw him into adult prison. Those tough old cons will be slobbering all over themselves over that young boy.

If this was California Cody could be placed into the CA Youth Authority until he is 25 yrs old. He would get counseling and get out when he is still young enough to FINALLY have a life.

 

[tybee204]

I think alot of things are going to come out between now and when Cody is sentenced. If there is any truth to Cody hitting a Guard (which in itself is a felony) and that Cody served 80 days in Solitary because of it that could reflect badly on his defenses claim that he is not violent.

I really thinkthe truth is somewhere in the middle of all this mess.

 

[BillyGoatGruff]

For those who doubted--someone actually succeeded in digging up a copy of the newspaper that had the news article covering the DA's being charged with child abuse of his learning disabled child back in 1994. The link has a scan of the actual newspaper article.

Un--freaking-believable!

http://mountainmailcountry.com/modules/news/article.php?storyid=705


I smell an appeal.

 

[Linda7NJ]

Mr Mitchell discussed the fights but stated they were all self defense

What would expect him to say?

 

[Lili]

For those who doubted--someone actually succeeded in digging up a copy of the newspaper that had the news article covering the DA's being charged with child abuse of his learning disabled child back in 1994. The link has a scan of the actual newspaper article.

Un--freaking-believable!

http://mountainmailcountry.com/modules/news/article.php?storyid=705


I smell an appeal.

Thanks for the link. Interesting for sure. I think listening to Mr. Mitchell today there are several areas of possible appeal.

 

[BillyGoatGruff]

Thanks for the link. Interesting for sure. I think listening to Mr. Mitchell today there are several areas of possible appeal.

I passed it along to Catherine Crier, Nancy Grace & a couple of other correspondents at CourtTV via their emails. It really does make you say: "huh?"

 

[Bobbisangel]

What would expect him to say?

The truth just like he has since the trial started. He is a man of honor and integrity even if he is a defense attorney....one in a million.

 

[Bobbisangel]

I passed it along to Catherine Crier, Nancy Grace & a couple of other correspondents at CourtTV via their emails. It really does make you say: "huh?"

How is that man holding down the job that he has? I noticed when he was talking to the media he poo pood statements about Cody's abuse. He must not think there is anything wrong with abusing your kids. If him and his wife would abuse a girl with the problems his stepdaughter has then he must believe it is more than alright to abuse a child with no problems. Pretty darn interesting isn't it!!

Beth K. from CTV said that Cody's attorney walked up to this DA and stuck his hand out yesterday. This man looked right through Cody's attorney and refused to even acknowledge him or shake his hand. What a jerk. This DA even worked under Cody's attorney at one time! Don't know what bug was up his arse. Maybe he didn't like what Cody's attorney had to say on CTV yesterday.