Canyon of secrets

As the jury of 7 women and 5 men began to deliberate, it was clear they’d been deeply affected by the testimony at trial.

Norm, juror: I think after 14 days of listening to witnesses talking about pliers and hay hooks, you can get there.

Beverly, juror: It’s horrendous.  I hope something is done now to stop all this.

When defense attorney, Gary Mitchell addressed the jury, he said Cody was simply defending himself.

Gary Mitchell, defense attorney (in court(: In the end, ladies and gentlemen, it is this: how much do we demand of a child? How much do we ask him to tolerate? And do we allow them to defend themselves? Do we allow them to defend themselves from the rapes? From the beatings?

It was the issue of defending himself or self-defense that the jury focused on right away. Five of the jurors spoke with dateline. They said the panel was initially divided.

Norm, juror: You had two or three people on this extreme, say wanting to be very lenient.  And perhaps four or five others on the other extreme, who would have been more stringent.  More severe.

But the judge’s instructions were very clear: self defense meant immediate danger. Cody would have had to be facing an immediate threat to his life.

Jonathan: Self-defense was the acquitting factor.  And we ruled that out based on the instruction the judge gave us.

Beverly, juror: He kept reading the instructions and we kept going over them and over them.  And that’s all we could do.  We did what we had to.

Once they decided Cody could not be acquitted, they had to decide what he was guilty of.

Some jurors felt the abuse should somehow mitigate the crime.

Cathy, juror: He was a child. He was 14 years old.

But others, like jury foreman Jonathan Bachman, thought even a 14-year-old had to be responsible for his actions.

Jonathan Bachman, jury foreman: I guess my bottom line is we have to be responsible for ourselves.  We can’t blame others for our decisions.

John Larson, Dateline correspondent: Even if you’re 14.

Bachman, foreman: Yeah, I think even if you’re 14.

Larson: How hard was it for you to move towards the center?

Norm, juror: Being obstinate, holding out for a hung jury, that wouldn’t accomplish anything. And I felt some sense of accomplishment, actually, at even getting the compromise that we got.  I felt that’s probably as good as I was gonna do.

After 12 hours, they reached a decision.

Judge: In the matter of Cody Posey, a child, we find Cody Posey guilty of  first degree murder.

Cody received first degree murder for killing the stepsister, Marilea;  second degree murder for the stepmother, and manslaughter for Paul, the father.

Cody sobbed and his aunt collapsed, worried that Cody could go to prison for life.

But there’s one more twist: what the jury decided might matter less than what a judge was about to decide.  Because in children’s court in New Mexico, a judge has the final word. A judge could decide whether to sentence Cody as a child or as an adult  -- which means he could either give Cody probation, in which case he might be let off in a few months, or life in prison.

As word leaked out that the judge wasn’t waiting, he would hold a sentencing hearing quickly, supporters of Cody gathered outside the courthouse. Included in the gathering where three of the jurors: Cathy, Diane, and Beverly.

Beverly, juror: When we came out of the verdict, I broke down. I couldn’t talk to anybody for over a week.

And then something almost unprecedented: seven jurors sent letters to the judge begging him not to put Cody away in prison and to sentence him instead as a child.

What happened? How is it that jurors who voted unanimously to convict Cody were now seeking to save him?

Larson: What made you feel so bad about the verdict that you brought back?

Diane, juror: The way our instructions were written, we did the right thing. But that didn’t make it the right thing for a child. I really felt that was kind of a legal trickery.

Cathy, juror:  He killed three people.  But what led up to that?  What led up to that? 

The prosecutor, however, had a first degree murder verdict and was pressing to put Cody in prison for life.

Sandra Grisham, prosecutor (in court): Cody Posy is a cold-hearted killer. I know that it’s difficult your honor, but I’m asking the court to protect society from him as long as you possibly can.

The defense argued that Cody was still a child and could still be rehabilitated in a juvenile program.

Gary Mitchell, defense lawyer (in court): Is Cody Posey amenable to rehabilitation or treatment as a child?

Dr. Buser, Cody’s psychiatrist in prison:  In my opinion, Cody is very treatable.

Dr. Robert Buser was Cody’s psychiatrist while he was held by the state. In cross-examination, prosecutor Grisham implied there were no sure fixes for Cody.

Grisham: How much time do you think Cody will need in treatment before you can say he’s not going to kill again, he’s not going to hurt again, he’s not going to do any of these things again? How much more treatment does he need?

Dr. Buser: I think his risk of re-offending is very low.

Cody was the last one to address the judge.

Cody: During the past two months you’ve heard accusations of me being a liar, a psychopath.  You’ve heard that I’ll kill again or end up back in the courtroom. I can tell you right now that I will never kill again.

But would the judge believe him?

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