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Attorney: Teen accused of murder fighting insanity

By Pete Herrera - The Associated Press - | Jul 10, 2004

ALAMOGORDO, N.M. — A teenager charged with murdering three family members was “battling with his sanity” before the killings, but those around him ignored signs of the boy’s desperation, a defense attorney said Friday.

Meanwhile, Cody Posey appeared in court for the first time in Children’s Court following the slayings of his father, stepmother and stepsister. Their bodies were found on newsman Sam Donaldson’s southern New Mexico ranch earlier this week.

Attorney Gary Mitchell entered a denial of charges on the 14-year-old boy’s behalf to three counts of murder and four counts of tampering with evidence.

“We’re going to spend an awful lot of time finding out what happened and figuring out what caused all of this,” Mitchell said. “I suspect there’s going to be a lot of questions as to why people ignored the signs that should have told them we had a young man desperately fighting for his sanity and help.”

Posey entered the courtroom wearing the same gray T-shirt he wore Wednesday when arrested by the Lincoln County Sheriff’s Department. The words “Only the Strong Survive” were printed around an emblem on the shirt.

State District Judge James Waylon Counts granted a 30-day extension to the 10 days prosecutors normally have to determine whether to seek to sentence a juvenile as an adult.

“We just want to keep all doors open,” District Attorney Scot Key said. “We’re protecting our rights just as we’re going to protect the child’s rights.”

Counts also approved the appointment of Posey’s aunt on his mother’s side of the family, Corliss Clees of Roswell, as his guardian. However, Posey will remain in custody. He was to be transported back to the Bernalillo County Juvenile Detention Center in Albuquerque, Mitchell said.

Attentive during the hearing, Posey remained quiet except to occasionally answer “Yes, sir” to questions ranging from whether he understood the charges and penalties to whether he approved of Clees being his legal guardian.

Posey’s mother was killed four years ago in a car accident in Sheridan, Wyo.

His great-aunt, 66-year-old Helen Porter of Corona, sat in the courtroom and continuously wiped away tears during the hearing.

“I just hope and pray that he gets out of this,” she said. “I don’t think it was really his fault. I think he was failed (by) family and media.”

Posey was arrested after authorities found the bodies of his father Delbert Paul Posey, stepmother Tryone Posey and 13-year-old stepsister Mary Lee Schmid in a grave near their home at Donaldson’s ranch.

According to an affidavit filed in court Thursday, Posey has told told investigators that he argued with his father Monday, then took a gun from his stepsister’s saddlebag in the barn and went into the house.

Tryone Posey, who was reading a book in the living room, was shot twice in the head, according to the affidavit. His father, who came racing into the house, was also shot in the head.

According to the affidavit, Posey confessed to then shooting his stepsister in the head. The affidavit said the teen shot the girl a second time because she was still moving.

After hiding the bodies in a manure pile, the affidavit said Cody went to his room, removed his bloody clothes and boots and went to a friend’s house, where he spent the two days before his arrest.

Faustino Salcido, who took Cody in, said the teen spent Monday and Tuesday playing basketball, frolicking in the river and shooting off fireworks with his sons, Gilbert and Leo.

Fifteen-year-old Leo Salcido was in the courtroom Friday.

“I just came to support him. He’s a good friend and we support him all the way,” he said.

This story appeared in The Daily Herald on page D4.

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