Murder of Nixzmary Brown 3735675 217662462 2008-06-07T01:57:19Z JPG-GR 1965659 moved [[Nixzmary Brown]] to [[Murder of Nixzmary Brown]]: Per request at [[WP:RM]] {{POV|date=April 2008}} {{Cleanup-restructure|date=January 2008}} {{Infobox Person |name=Nixzmary Brown |image= | |caption='''Nixzmary Brown''' |birth_date={{birth date|1998|7|18|mf=y}} |birth_place=[[Brooklyn]], [[New York City]], [[United States|U.S.]] |death_date={{death date and age|2006|1|11|1998|7|18}} |death_place=[[Brooklyn]], [[New York City]], [[United States|U.S.]] }} '''Nixzmary Brown''' ([[July 18]], [[1998]] &ndash; [[January 11]], [[2006]]) was a seven-year-old abused child and murder victim from the [[Bedford-Stuyvesant, Brooklyn]] section of [[New York City]], [[New York]]. Her death impacted the city's Administration for Children's Services and prompted reforms in the system. == Brown's murder == Brown was tortured<ref>{{cite web|date=[[January 19]], [[2006]] |title=CNN Transcripts |publisher=Cable Network News - CNN.COM |author=Grace, Nancy |url=http://transcripts.cnn.com/TRANSCRIPTS/0601/19/ng.01.html |accessdate =2007-11-30}}</ref> and killed by her stepfather, Cesar Rodriguez over a cup of yogurt and a broken printer.<ref>{{cite web |date =[[July 7]], [[2006]] |url=http://web.archive.org/web/20060710092722/http://www.nydailynews.com/front/story/433262p-364943c.html |title=Nixzmary mom's plea |subtitle=She was too 'abused' to help girl, sez lawyer |publisher=New York Daily News |accessdate=2007-11-07}}</ref> In the view of her stepfather, to quote a ''USA today'' article, she was a "''troublemaker''".<ref>{{cite web |date=[[January 21]], [[2006]] |title=Final days of girl's life reveal horrors |publisher=USA Today |url=http://www.usatoday.com/news/nation/2006-01-21-child-death_x.htm |accessdate =2007-11-16}}</ref> On the night of Wednesday, [[January 11]], [[2006]], Brown was beaten to death. Her mother, [[Nixzaliz Santiago]], allegedly ignored Rodriguez slamming Brown's head into a bathtub while dousing her with cold water. Rodriguez was charged with [[second-degree murder]], [[sexual abuse]] and [[child endangerment]]. He was convicted of first-degree [[manslaughter]], among other charges, and faces up to 25 years in prison. Santiago was charged with [[second-degree murder]] and [[Child abuse|child endangerment]]. Each accused the other of inflicting the final, fatal blow. The indictment also alleged that Rodriguez abused the little girl for months and smashed her head against a bathtub.<ref>{{cite web |date =[[January 18]], [[2006]] |url=http://abcnews.go.com/US/LegalCenter/story?id=1517137 |title=New Details in Tortured New York Girl's Death |publisher=ABC News|accessdate =2007-11-07}}</ref> == Previous abuse, and failure of the ACS == There was evidence of previous abuse done to Brown, and this murder case later focused public attention on New York City's Administration for Children's Services (ACS). The ACS had received two complaints about the family; the first complaint in 2004 proved unsubstantiated. The second complaint came on [[December 1]], [[2004]] when Brown showed up at school with a black eye.<ref>{{cite web|date = [[January 13]], [[2006]]|url = http://www.cbsnews.com/stories/2006/01/13/earlyshow/main1206722.shtml |title =Outrage Over Abuse, Death Of NYC Girl|publisher =CBS News| accessdate =2007-11-07}}</ref> Another story in January 2006 brought more details of the ACS.<ref>{{cite web|date = [[January 17]], [[2006]]|url =http://incestabuse.about.com/od/inthenews/a/Nixzmary.htm| title =The System Fails Nixzmary Brown| subtitle =The Tragic Death of Nixzmary Brown| publisher =About.com| accessdate =2007-11-07}}</ref> Blame was eventually assigned to the ACS by the news media<ref>{{cite web|date = [[January 20]], [[2006]]|title =After Nixzmary Brown| publisher =The New York Sun|url =http://www.nysun.com/article/26247| accessdate =2007-11-09}}</ref> and six Children's Services employees were disciplined.<ref>{{cite web|date = [[January 18]], [[2006]]|title =PRESS RELEASE - ACS Disciplines Staff in Brooklyn Fatality, Reorganizes Administration to Improve Child Protection Services, and Initiates DOI Investigation| publisher =Administration for Children's Services| url =http://www.nyc.gov/html/acs/html/pr_archives/pr06_01_18.shtml| accessdate =2007-11-09}}</ref> There were also stories that investigators were "swamped" with cases and the Bloomberg administration noted that, in response, ACS was hiring 525 more workers.<ref>{{cite web|date = [[January 20]], [[2006]]|url =http://www.nytimes.com/2006/01/20/nyregion/20child.html| title =Child Welfare Offices That Couldn't Be Fixed Fast Enough| publisher = The New York Times| accessdate =2007-11-08}}</ref> In March, 2006, a City panel was created by Mayor Bloomberg in response to Brown's death, advocated the following changes: <blockquote> "''Under the changes, the police for the first time will assign a full-time supervisor, a lieutenant, to child welfare headquarters to be a liaison between the two agencies. Caseworkers will be required to seek entry orders when denied access to the home of a child suspected to be at risk of neglect or abuse. And school officials will have more license to alert the authorities when a student has too many unexplained absences''."<ref name="panel">{{cite web|date =[[March 30]], [[2006]]|title =City to Adopt Changes in Handling of Abuse Cases| publisher =The New York Times| url =http://www.nytimes.com/2006/03/30/nyregion/30abuse.html?_r=1&n=Top/Reference/Times%20Topics/Organizations/A/Administration%20for%20Children's%20Services&oref=slogin| accessdate =2007-11-08}}</ref> </blockquote> Other changes were recommended as well, some of which included better communication with school officials regarding absenteeism, a 24-hour hotline, instant-response teams and new training for police personnel in regards to sensitivity to abused children.<ref name="panel" /> There was a City Council hearing on the ACS in September, 2007 which was announced by Councilman Bill de Blasio, the chairman of the General Welfare Committee, which has jurisdiction over the ACS.<ref name="council">{{cite web| date =August 21, 2007| title =Council hearing set to grill ACS on latest deaths| publisher =New York Daily News| url =http://www.nydailynews.com/news/2007/08/21/2007-08-21_council_hearing_set_to_grill_acs_on_late.html| accessdate =2008-02-20}}</ref> de Blasio cited the death of 21-month-old Hailey Gonzalez after she was allegedly beaten by her mother's boyfriend and the death of a 2-month-old after the child was allegedly shaken by his mother in a homeless shelter.<ref name="council" /> The Councilman said that ACS has made some progress but noted that children were still being lost.<ref name="council" /> As of March, 2008, the ACS has launched a $1M recruitment drive for new child welfare caseworkers.<ref name="newcaseworkers">{{cite web| date =[[March 3]], [[2008]]|title =ACS unveils recruitment campaign| publisher =New York Daily News| url=http://www.nydailynews.com/news/2008/03/03/2008-03-03_acs_unveils_recruitment_campaign.html| accessdate=2008-03-03}}</ref> It was reported that the agency was getting many applications, but retention of caseworkers was a great problem.<ref name="newcaseworkers" /> It was further reported that in 2007, 17 percent of the city's caseworkers had quit.<ref name="newcaseworkers" /> The pay for the position was reported as starting at $39,000.<ref name="newcaseworkers" /> Videos and other illustrations of the difficulty of the position are being used in the recruitment process.<ref name="newcaseworkers" /> == Funeral, burial and family anger == Nixzmary Brown's funeral was held at St. Mary Church on Manhattan's Lower East Side.<ref>{{cite web|date =[[January 18]], [[2006]]|title =New Details in Tortured New York Girl's Death| publisher =ABC News.com| url =http://abcnews.go.com/US/LegalCenter/story?id=1517137| accessdate =2007-11-08}}</ref> According to a Newsday report, there was considerable anger during the burial of Nixzmary Brown, with two sides of Brown's family present.<ref name="anger">{{cite web|date =[[January 17]], [[2006]]|url =http://www.newsday.com/news/local/newyork/nyc-wake0117,0,1989110.story?coll=ny-top-headlines| title =Anger marks Nixzmary wake| publisher =Newsday.com| accessdate =2007-11-07}}</ref> Rodriguez's sister, Iris, showed up unexpectedly and her appearance prompted shouts by others to leave, and at least one comment of 'not being welcome'.<ref name="anger" /> == Nixzmary's Law == "'''''Nixzmary's Law'''''" was proposed in January 2006 by [[New York State]] senator [[Joseph Bruno]], shortly after the events. The law is designed to deter or prevent child abuse related crimes by charging parents connected to the crime of the death of their children with first degree murder, the maximum punishment for which in [[New York State]] would be 25 years to life in prison without the possibility of parole.<ref>{{cite web|date =[[January 24]], [[2006]]|url =http://www.cbs6albany.com/news/_870___article.html/_.html|title =Senate Proposes Child Murder Law After Brooklyn Girl's Murder| publisher =WRBG CBS Channel 6 and The Associated Press| accessdate =2007-11-08}}</ref><ref>{{cite web|date =[[January 25]], [[2006]]|url = http://www.senatorjoerobach.com/senate_update.asp?id=1343| title =Life Without Parole for Murder of a Child / Nixzmary’s Law| publisher =New York State Senator Joseph E. Robach| accessdate =2007-11-08}}</ref> Since passing of the law, reports have increased to New York States' child abuse hotline.<ref>{{cite web|date =[[November 7]], [[2007]]|url =http://www.nydailynews.com/news/crime_file/2007/11/07/2007-11-07_after_death_of_nixzmary_brown_reports_up-1.html| title = After death of Nixzmary Brown, reports up at abuse hotline| publisher = New York Daily News| accessdate =2007-11-07}}</ref>. According to the article, "''Driving the trend is increased public awareness of the hotline . . .''". The article further provided the telephone number of ''New York's Central Register of Child Abuse and Mistreatment'' as (800) 342-3720. ==Rodriguez Trial: 2008== Jury selection had begun during the week of January 6, 2008 and the defense objective was to focus on the ACS and the parents.<ref>{{cite web| date =Sunday, [[January 6]], [[2008]]| title =Blame game in Nixzmary trial looms | publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/06/2008-01-06_blame_game_in_nixzmary_trial_looms.html| accessdate =2008-01-08}}</ref> The defense lawyer for Rodriguez was Jeffrey T. Schwartz, who had competed in 2006 to represent Darryl Littlejohn in the murder case of [[Imette St. Guillen]].<ref>{{cite web| date =Tuesday, February 19, 2008| title =Defender in the Case of a Slain 7-Year-Old Girl Has His Admirers: Other Lawyers| publisher =New York Times| url =http://www.nytimes.com/2008/02/19/nyregion/19lawyer.html?pagewanted=1&_r=1&ref=nyregion| accessdate =2008-02-19}}</ref> Prosecutors were insistent that the judge allow jurors to see 7 pictures of the dead girl at the start of the testimony.<ref>{{cite web| date =Tuesday, [[January 8]], [[2008]]| title =Nixzmary Brown jury selection begins| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/09/2008-01-09_nixzmary_brown_jury_selection_begins-1.html| accessdate =2008-01-10}}</ref> Photographs of Brown, showing her bruised and battered body "proved too gruesome yesterday for even her accused killer, Cesar Rodriguez.<ref>{{cite web| date =Wednesday, [[January 9]], [[2008]]| title ="Filthy Coward - 'Killer' Avoids Nixznmary Pix"| publisher =New York Post| url =http://www.nypost.com/seven/01092008/news/regionalnews/filthy_coward_973121.htm| accessdate =2008-01-10}}</ref> The ADA wanted one of the pictures introduced to "refute claims by Rodriguez and the girl's mother, Nixzaliz Santiago, that she (Nixzmary) drowned." The issue of child discipline was also raised by the prosecutor.<ref>{{cite web| date =January 12, 2008| title ="Seating Jurors for Child-Murder Case Raises Questions That All Parents Face"| publisher =The New York Times| url =http://www.nytimes.com/2008/01/12/nyregion/12nixzmary.html?_r=1&scp=1&sq=Nixzmary+Brown&oref=slogin| accessdate =2008-01-16}}</ref> Prosecution had planned to show crime-scene photos at the trial, calling it a case of torture.<ref>{{cite web| date = [[January 15]], [[2008]]| title ="Dead girl's hell revisited at stepfather's NYC murder trial"| publisher =New York Daily News| url =http://breakingnews.nydailynews.com/dynamic/stories/N/NY_CHILD_DEATH_TRIAL_BAOL-?SITE=NYNYD&SECTION=TOP_STORIES&TEMPLATE=DEFAULT|accessdate =2008-01-15}}</ref> The jury composition was 10 women and two men; nine of them had children of their own.<ref>{{cite web| date = [[January 15]], [[2008]]| title =""World's Greatest Dad" mug seen in NYC's Nixzmary trial"| publisher =New York Daily News| url =http://breakingnews.nydailynews.com/dynamic/stories/N/NY_CHILD_DEATH_TRIAL_BAOL-?SITE=NYNYD&SECTION=TOP_STORIES&TEMPLATE=DEFAULT|accessdate =2008-01-23}}</ref> Further details described the jury's racial composition is composed of 9 black females, one black male, and with two white females, with almost all of the women having children; and the Lawyers having selected six alternate jurors in case any jurors cannot continue during the trial period.<ref>{{cite web| date = [[January 15]], [[2008]]| title ="Moms pack jury of 'slay' Dad's fears"| publisher =New York Post and The Associated Press| url =http://www.nypost.com/seven/01152008/news/regionalnews/moms_pack_jury_of_slay_dads_fears_637108.htm|accessdate =2008-01-15}}</ref> During opening remarks given on Wednesday, January 16th, Assistant D.A. Ama Dwimoh told the Brooklyn jurors that "''It was inevitable her life would end the way it did: battered and beaten, left alone on the floor, moaning until she could no longer hold onto life''".<ref name="Trial1">{{cite web|date =[[January 16]], [[2008]]|title ="NYC prosecutor: 7-year-old Nixzmary died battered and alone"| publisher =New York Post| url =http://breakingnews.nypost.com/dynamic/stories/N/NY_CHILD_DEATH_TRIAL_BAOL-?SITE=NYNYP&SECTION=HOME| accessdate =2008-01-16}}</ref><ref name="Trial2">{{cite web|date =[[January 16]], [[2008]]|title ="A child's horror revisited as Nixmary Brown's murder trial opens "| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/16/2008-01-16_a_childs_horror_revisited_as_nixmary_bro.html| accessdate =2008-01-16}}</ref> Defense lawyer Schwartz countered D.A. Dwimoh's remarks by indicating that Rodriguez was "a loving family man"; that Brown's mother was "deeply, deeply disturbed," and that the little girl herself was troubled.<ref name="Trial1" /> It was reported that Brown was confined to a spare room in the apartment with dirty mattresses, a broken radiator, an old wooden school chair with a rope, and the litter box.<ref name="Trial1" /> Further, Brown was said to be "routinely tied to the chair; beaten repeatedly with a belt and fists.<ref name="Trial1" /> Also reported were crime-scene photos taken in the family's three-bedroom apartment, as well as a videotape of Rodriguez casting blame on Brown."<ref name="Trial1" /> Schwartz had said outside of the courtroom on Wednesday that his client was only guilty of being "''a strict disciplinarian''" and he then reiterated claims that Brown's mother was responsible. He then made a statement that as the trial continued, the jury would soon learn who the actual "monster" (sic) was in Brown's murder.<ref name="Trial2" /> On Friday, January 18th, the trial focused on household items which were transformed into instruments of torture for Brown.<ref name ="Torture">{{cite web| date =[[January 18]], [[2008]]| title =Ghoul's tools of torture| publisher =New York Post| url =http://www.nypost.com/seven/01182008/news/regionalnews/ghouls_tools_of_torture_995543.htm| accessdate =2008-01-22}}</ref> The chief object was the chair that Brown was tied to.<ref name ="Torture" /> A white nylon cord was still attached to the chair then a bungee cord and duct tape were shown to the jury with which "Rodriguez allegedly used to cinch Brown's ankles to the chair."<ref name ="Torture" /> The jury seemed most disturbed by the cat-litter box.<ref name ="Torture" /> It was reported on the Monday, January 21st trial portion that "Brown weighed just 36 pounds when police found her beaten to death on the floor of her Brooklyn apartment, but her family's fridge was anything but empty."<ref name ="Fridge">{{cite web| date =[[January 21]], [[2008]]| title ="Feast & Famish"; "Fridge full, yet Kid was Starving"| publisher =New York Post| url =http://www.nypost.com/seven/01192008/news/regionalnews/feast__famish_476501.htm| accessdate =2008-01-22}}</ref> Jurors saw crime-scene photographs "of a well-stocked refrigerator full of milk, pancake mix, salami, tortillas, cream cheese, lettuce - and the yogurt that Nixzmary was punished for stealing the night she died."<ref name ="Fridge" /> On January 13th, a former ACS supervisor, Roger Moore, came forward to discuss with the ''New York Daily News'' the failure of the ACS and how opportunities were lost because of another child-murder involving a 16-month old boy and other factors.<ref name ="ACS_Sup">{{cite web| date =January 25, 2008| title =Supervisor: How we botched case-He tells News of woes in candid interview| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/17/2008-01-17_supervisor_how_we_botched_case.html?page=0| accessdate =2008-02-20}}</ref> Moore discussed that because of the issue of the drowning of the little boy in a bathtub, the issue of Brown wasn't even discussed.<ref name="ACS_Sup" /> There were discussions of a lack of follow-up work not being done by caseworkers and supervisors in Brooklyn in regards to the abuse in Brown's case.<ref name="ACS_Sup" /> ACS Commissioner John Mattingly had also made comments.<ref name="ACS_Sup" /> He had mentioned to the ''Daily News'' editorial board that there were various methods that could have been used, but weren't. <ref name="ACS_Sup" /> He mentioned that the ACS could have brought pressure on Brown's family to reveal more about the girl's condition; that they could have paid more attention to reports from Brown's school staff and could have sought a warrant to enter into Brown's home, but none of these measures were used.<ref name="ACS_Sup" /> Mayor Michael Bloomberg had entered into the discussion by asking in this Daily News article: "Why the caseworkers didn't push further, harder - that's what we are investigating today."<ref name="ACS_Sup" /> Andrea Peyser compared Nixzmary Brown to another young girl murdered years ago, [[Justina Morales]].<ref name ="Justina">{{cite web| date =[[January 21]], [[2008]] |title ="Do Right For A Wronged Little Angel"| author =Andrea Peyser| publisher =New York Post|url =http://www.nypost.com/seven/01212008/news/columnists/do_right_for__a_wronged_little_angel_142693.htm| accessdate =2008-01-22}}</ref> In that murder case, both the mother, Denise Solero, and her boyfriend "decided the girl had to die because she resisted taking a bath."<ref name ="Justina" /> In an attempt to show Rodriguez in a favorable light, a drinking mug was shown at the Tuesday portion of the trial by the defense lawyer with the title "World's Greatest Dad", to show the jury that Rodriguez didn't murder Brown.<ref>{{cite web| date =[[January 22]], [[2008]]| title ="Defense paints suspect as 'World's Greatest Dad' in Nixzmary Brown trial"| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/22/2008-01-22_defense_paints_suspect_as_worlds_greates-1.html| accessdate =2008-01-22}}</ref> This same mug was the weak evidence that Schwartz presented to show that Rodriguez didn't murder Brown.<ref name="Mug1">{{cite web| date =Wednesday, [[January 23]], [[2008]]| title ="Mug used as evidence in Nixzmary trial"| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/23/2008-01-23_mug_used_as_evidence_in_nixzmary_trial-1.html| accessdate =2008-01-23}}</ref> Schwartz then made these comments: "I believe Nixzmary bought it for him for Father's Day," and "Nixzmary and he had a close relationship. He was a good father. He was a strict disciplinarian."<ref name="Mug1" /> Assistant D.A. Ama Dwimoh rebuked the whole idea of Rodriguez ever being a good father to Brown.<ref name="Mug1" /> Further court discussion centered on the black leather belt that Rodriguez used to allegedly hit Brown.<ref name="Belt">{{cite web| date =| title ="Nixzmary's gift" "Vile Father Got 'Greatest Dad' Tribute from tot| publisher =New York Post|url =http://www.nypost.com/seven/01232008/news/regionalnews/nixzmarys_gift_706085.htm| accessdate =2008-01-23}}</ref> There were traces of Brown's DNA on the belt, according to prosecutors.<ref name="Belt" /> New evidence was presented at the close of the trial on Wednesday, January 23.<ref name="Mystery">{{cite web| date =January 23, 2008| title =Mystery evidence in Nixzmary trial| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/24/2008-01-24_mystery_evidence_in_nixzmary_trial-1.html| accessdate =2008-01-24}}</ref> A gag order was issued by the court.<ref name="Mystery" /> Mention was made of Rodriguez "petty criminal record".<ref name="Mystery" /> It was anticipated that this new "mystery" evidence would be revealed during Wednesday or later.<ref name="Mystery" /> However, for a second time, jurors were sent home on Thursday.<ref name="Delay">{{cite web| date =January 25, 2008| title =Second time Nixzmary jurors sent home| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/25/2008-01-25_second_time_nixzmary_jurors_sent_home-2.html| accessdate =2008-01-25}}</ref> It was reported that both sides in the court case refused to talk about developments.<ref name="Delay" /> A 'gag' order is in place and the Daily News was attempting to lift the order.<ref name="Delay" /> The next time that jurors meet will be Monday, January 28.<ref name="Delay" /> The trial was delayed on January 23 and continued for a fourth day. It was later revealed that the unexplained delays were due to a new witness.<ref name="witness">{{cite web|date =January 29, 2008| title ="'Close call' delays trial"| publisher =New York Post| url =http://www.nypost.com/seven/01292008/news/regionalnews/close_call_delays_trial_159969.htm| accessdate =2008-01-29}}</ref> The judge, Priscilla Hall, had held a "sealed hearing" because of witness' safety concerns.<ref name="witness" /> The gag order remained to prevent either side from speaking about the case.<ref name="witness" /> A number of newspapers had filed papers seeking to lift the gag order.<ref>{{cite web| date =January 29, 2008| title =Witness safety delays Nixzmary trial| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/29/2008-01-29_witness_safety_delays_nixzmary_trial-1.html| accessdate =2008-01-29}}</ref> It was further revealed that Brown's blood was found in numerous areas of the spare room she was kept in.<ref name="blood">{{cite web| date =[[January 30]], [[2008]]| title =Nixzmary blood all over apt.|| publisher =New York Post| url =http://www.nypost.com/seven/01302008/news/regionalnews/nixzmary_blood_all_over_apt__716062.htm| accessdate =2008-01-30}}</ref> The expert brought forth, Taylor Dickerson, said that her DNA profile was clearly present.<ref name="blood" /> The chief prosecutor said she was tortured and the blood found on the jeans that her stepfather wore on January 11 belonged to Brown.<ref name="blood" /> It had been revealed in a few news reports in January of 2008 that a social worker for Brown's school at P.S. 256, Margarita Cotto, had become concerned with Brown's case and reported her findings to the ACS.<ref name="worker">{{cite web|date =January 13, 2006|title =Desperate effort in vain-School worker begged ACS to save abused girl|publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/01/17/2008-01-17_desperate_effort_in_vain_school_worker_b-1.html?page=0| accessdate =2008-02-20}}</ref> She had pleaded with the child welfare workers to remove Brown from her parents, and tried, in vain, to enter Brown's apartment but was barred from entering by Rodriguez.<ref name="worker" /> On May 16 of 2005, a guidance counselor who had filed two abuse reports contacted the state child abuse hotline about Brown's bruises and also made note that Brown had been absent from school for 46 days.<ref name="worker" /> Later, an ACS caseworker visited Brown's home, but the caseworker couldn't verify the abuse charge and accepted Brown's mother's word that Brown would return to her school.<ref name="worker" /> The jury was shown a video depicting the family shopping on Monday, January 9, 2006 while Brown was left home.<ref name="video1">{{cite web| date =January 31, 2008| title =Jury sees shocking 'Nixzmary' video| publisher =New York Post| url =http://www.nypost.com/seven/01312008/news/regionalnews/jury_sees_shocking_nixzmary_video_559183.htm| accessdate =2008-01-31}}</ref> The shopping occurred at a Target store in Downtown Brooklyn, the Atlantic Center Mall.<ref name="video1" /> The specific toy items being purchased were [[Power Ranger]] action figures, [[Hot Wheels]] cars, [[Play-Doh]], [[Bratz]] dolls, etc.<ref name="video1" /> Nowhere is Brown seen in the video, and the defense lawyer said the video didn't prove anything.<ref name="video1" /> Rodriguez's defense claimed that he was never read his Miranda rights, and that his constitutional rights were violated.<ref name="Miranda">{{cite web| date =January 31, 2008|title =Nixzmary stepdad's confession was obtained illegally, lawyer insists| url =http://www.nydailynews.com/news/ny_crime/2008/01/31/2008-01-31_nixzmary_stepdads_confession_was_obtaine.html| accessdate =2008-01-31}}</ref> The discussion then turned to the actual arrest of Rodriguez.<ref name="Miranda" /> On [[February 4]], the jurors watched a video statement showing Rodriguez talking about the abuse he inflicted on Brown.<ref name="confession">{{cite web| date =February 5, 2008| title =Nixzmary's Dad's words stun jury| publisher =New York Post| url =http://www.nypost.com/seven/02052008/news/regionalnews/nixzmary_dads_words_stun_jury_82716.htm| accessdate =2008-02-05}}</ref> As had happened previously, jurors showed strong emotions as they listened to his explanations.<ref name="confession" /> Prosecutors believe the video to be "the most damning evidence".<ref name="confession" /> Prosecutor Ama Dwimoh said "He calmly and coldly talks about how he would beat Nixzmary Brown".<ref name="confession" /> Rodriguez's lawyer, Schwartz, attacked the video by cross-examining Det. Steven Sneider, who was presenting the video evidence.<ref name="confession" /> At one point, Schwartz called for a mistrial but his motion was denied.<ref name="confession" /> Schwartz then stated to the jury that Rodriguez was taking responsibility for wounds inflicted by Brown's mother, Nixzaliz.<ref name="confession2">{{cite web|date =February 5, 2008|title ="In confession tape, Nixzmary Brown's stepfather takes credit for beatings"| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/05/2008-02-05_in_confession_tape_nixzmary_browns_stepf.html| accessdate =2008-02-05}}</ref> There was discussion of a "jailhouse witness" which the ''New York Daily News'' took credit in first reporting.<ref name="confession2" /> At the Wednesday, February 6th portion of the trial, defense lawyer Schwartz made a comment concerning the prosecutor as having possibly porn in her home.<ref name ="insults">{{cite web| date =February 6, 2008| title =Nixzmary case fireworks: Defense lawyer makes porn dig at prosecution| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/06/2008-02-06_nixzmary_case_fireworks_defense_lawyer_m.html| accessdate =2008-02-06}}</ref> Brooklyn Supreme Court Justice Priscilla Hall then reprimanded Schwartz for that remark after the jury was dismissed for lunch.<ref name ="insults" /> Schwartz, according to a news report, had been complaining that prosecutors had "sandbagged" his defense of Rodriguez.<ref name ="insults" /> Afterwards, the Prosecutor indicated that prosecutors had no desire to show the jury a pile of pornography.<ref name ="insults" /> ===Forensic photographs, head blow and brain hemorrhage=== Forensic photographs were shown to the jury on Thursday, [[February 7]], and the jury reacted emotionally.<ref name="AutopsyPhotos">{{cite web| date =February 7, 2008| title =Autopsy photos bring jury to tears in Nixzmary Brown case | publisher =| url =http://www.nydailynews.com/news/ny_crime/2008/02/07/2008-02-07_autopsy_photos_bring_jury_to_tears_in_ni.html | accessdate =2008-02-07}}</ref> Barbara Sampson of the medical examiner's office said on the stand that the bruises were only hours or days old.<ref name="AutopsyPhotos" /> It was indicated that a head blow Brown received two days before she died was the cause of her death.<ref name="hemorrhage">{{cite web| date =February 8, 2008|title =Nixzmary had brain hemorrhage that killed after 2 days, coroner says| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/08/2008-02-08_nixzmary_had_brain_hemorrhage_that_kille-1.html| accessdate =2008-02-08}}</ref> "She was unconscious and going into respiratory depression for at least several hours before she died," Dr. Barbara Sampson informed jurors.<ref name="hemorrhage" /> It was further learned that neither Rodriguez nor Santiago did anything to help Brown during the hemorrhage.<ref name="hemorrhage" /> Further photographs of Brown were shown to the jury to back up Sampson's diagnosis.<ref name="hemorrhage" /> Sampson said in court that the blow to Brown's head was the "straw that broke the camel's back" and she further stated that Brown died from "child abuse syndrome."<ref name="hemorrhage" /> Dr. Barbara Sampson also provided the following details during the day's trial, saying that Brown had been somnolent and then in a coma. <ref name="coma">{{cite web| date =February 8, 2008|title =Nixzmary's fatal blow 2 days before death| publisher =New York Post| url =http://www.nypost.com/seven/02082008/news/regionalnews/nixzmarys_fatal_blow_2_days_before_death_782492.htm| accessdate =2008-02-11}}</ref> Sampson also indicated that Brown probably had progressive respiratory depression and perhaps had made moaning and groaning sounds, and was also gasping for air. <ref name="coma" /> Sampson further indicated that subdural hematoma was the mechanism of her death. <ref name="coma" /> ===A child service worker testifies=== A specialist for the ACS, Vanessa Rhoden, had reported that on December 1, 2005, she had witnessed early signs of abuse in Brown but was rebuffed by Rodriguez. Rodriguez had told Rhoden that he had taken Brown to the hospital, and then used foul language to address her and end the conversation.<ref name="ACSwitness">{{cite web|date =February 20, 2008| title =ACS saw Nixzmary bruises| publisher =New York Post| url =http://www.nypost.com/seven/02202008/news/regionalnews/acs_saw_nixzmary_bruises_98440.htm| accessdate =2008-02-21}}</ref> This revelation took defense lawyer Schwartz off-guard during the Tuesday, February 19th trial portion because he had called Rhoden to the stand to show the court and the jury that there was no cause for alarm at that time.<ref name="ACSwitness" /> It was after this meeting that it was reported that ACS tried further visits to Brown's family's apartment but was refused each time.<ref name="ACSwitness" /> Rhoden testified in court on Tuesday, February 19 that Rodriguez cursed her when she made inquiries concerning "lacerations, bruises and welts" on the girl.<ref name ="Childservice">{{cite web| date =February 19, 2008|title =Former child services worker says Nixzmary Brown's home was clean| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/19/2008-02-19_former_child_services_worker_says_nixzma.html| accessdate =2008-02-20}}</ref> She further testified that Brown's mother attempted to show her a fetus kept in a jar in the family's apartment.<ref name ="Childservice" /> Rhoden indicated that she was disturbed by this revelation and so recommended mental health counseling for Brown's mother.<ref name ="Childservice" /> It was further indicated that Rhoden didn't believe Brown was in an unsafe environment and so she didn't make any motion to have Brown or the other children removed from the family.<ref name ="Childservice" /> ===Grandmother's testimony=== Defense lawyer Schwartz was planning on calling Rodriguez mother-in-law, Maria Gonzalez, to the witness stand during the week of February 24th.<ref name="Grandmother">{{cite web| date =February 21, 2008|title =Defense set to call Nixzmary grandma| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/21/2008-02-21_defense_set_to_call_nixzmary_grandma.html| accessdate =2008-02-21}}</ref> Schwartz defense strategy of Rodriguez involved blaming his wife, Nixzaliz Santiago, and showing that she was the actual murderer.<ref name="Grandmother" /> Gonzalez is suing New York city for $150 million for "negligence", and the failure of the ACS to act on behalf of her granddaughter.<ref name="Grandmother" /> Brown's grandmother, Maria Gonzalez, finally provided her testimony during the Wednesday, March 6th portion of the trial.<ref name="Grandma1">{{cite web| title =Nixzmary Grandma: $$ for Kids| publisher =New York Post| url =http://www.nypost.com/seven/03062008/news/regionalnews/nixzmary_grandma___for_kids_100605.htm| accessdate=2008-03-07}}</ref> Gonzalez, however, used the opportunity to defend her $250 million lawsuit that she had filed.<ref name="Grandma1" /> As before, Schwartz continued his tactic of taking the testimony of others to use against Santiago to show that she was unstable.<ref name="Grandma1" /> Gonzalez had testified that Santiago had left home for a man at the age of 17, that she had six more children, and that she continued to depend upon other men for her welfare.<ref name="Grandma1" /> Further testimony by Gonzalez resulted in her testimony denying the continued trial allegations of Schwartz that Brown was a "wild child".<ref name="Grandma2">{{cite web| title=Nixzmary a 'Good Kid'-Grandma| publisher=New York Post| url =http://www.nypost.com/seven/03072008/news/regionalnews/nixzmary_a_good_kid___grandma_100825.htm| accessdate=2008-03-07}}</ref> She further indicated that Brown and her siblings were in fear of Rodriguez.<ref name="Grandma2" /> ===E.R. doctor witness and other medical testimony=== An emergency room doctor was called to the witness stand during the Thursday, February 21 trial portion and reported that he had witnessed no signs of abuse on Brown after a medical exam 7 weeks before Brown's death in which Rodriguez brought the little girl to the hospital.<ref name="ERDOC">{{cite web| date =February 22, 2008| title =I saw no signs of abuse: ER doc who treated Nixzmary weeks before her death | publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/22/2008-02-22_i_saw_no_signs_of_abuse_er_doc_who_treat.html| accessdate =2008-02-22}}</ref> When prosecutor Linda Weinman had grilled him as to whether he made a report, and the doctor said 'no', the prosecutor indicated that his decision was a mistake, but the physician indicated that he didn't know at the time.<ref name="ERDOC" /> The official hospital records from the November 29, 2005 visit say "No other bruises present."<ref>{{cite web|date =February 22, 2008|title =ER missed Nixmary injuries| publisher =New York Post| url =http://www.nypost.com/seven/02222008/news/regionalnews/er_missed_nixzmary_injuries_98785.htm| accessdate =2008-02-22}}</ref> On Monday, [[February 25]], a medical testimony was expected to be given by a Suffolk County medical examiner, Dr. Charles Wetli, supposedly putting the Prosecution's case in jeopardy.<ref name="medtestimony">{{cite web|date=[[February 24]], [[2008]]|title =Defense pins case on key medical testimony|publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/24/2008-02-24_defense_pins_case_on_key_medical_testimo.html|accessdate =2008-02-28}}</ref> It was expected that the testimony would ruin Prosecution's argument that Brown was the victim of child abuse syndrome.<ref name="medtestimony" /> However, Wetli indicated that Brown was definitely killed by a blow to her head.<ref name="blow1">{{cite web| date =February 27, 2008| title =Doctor Cross-Examined in Nixzmary Brown Trial|publisher =New York Public Radio| url =http://www.wnyc.org/news/articles/94235| accessdate =2008-02-28}}</ref> This conflicted with Defense' argument that Brown was never hit on her head.<ref name="blow1" /> In the Tuesday, February 26 trial portion, it was indicated that the constant Defense argument that Brown was killed because she caused Santiago to lose her baby was found groundless because Prosecutor Linda Weinman told jurors that Santiago had confided in a psychiatrist that she blamed Rodriguez because of a "beating".<ref name="miscarriage">{{cite web| date =[[February 28]], [[2008]]| title =Nixzmary's mother told shrink that she lost baby after beating from husband| publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/02/28/2008-02-28_nixzmarys_mother_told_shrink_that_she_lo.html| accessdate =2008-02-28}}</ref> She revealed from the report that, in November, 2005, Rodriguez had choked and threw her to the floor and within hours Santiago had miscarried.<ref name="miscarriage" /> There was discussion as to whether the report was admissible in court.<ref name="miscarriage" /> Schwartz contended that the report proved Santiago a liar, while Weinmam wanted the report kept confidential.<ref name="miscarriage" /> It was explained that this was an obsession; the reason Santiago kept the fetal remains in a jar.<ref name="miscarriage" /> Schwartz had said of Santiago that "she believed Nixzmary caused the miscarriage and I know that based on what my client has said to me and to the police from day one."<ref name="miscarriage" /> Schwartz also maintains that it was Santiago who delivered the death blow to Brown.<ref name="miscarriage" /> ===Attorney change and apology for delays=== On February 27, the lawyer for Nixzaliz Santiago, Robert Abrams, removed himself from the case citing "communication difficulties.<ref name="lawyer_quits1">{{cite web| date =[[February 28]], [[2008]]|title =Lawyer for Nixzmary's mom quits|publisher =New York Post|url =http://www.nypost.com/seven/02282008/news/regionalnews/lawyer_for_nixzmarys_mom_quits_99623.htm|accessdate =2008-02-28}}</ref> Santiago believed, according to the article, that a psychiatric evaluation given to defense would harm her case.<ref name="lawyer_quits1" /> The judge in the murder case apologized to jurors about the delays in the trial.<ref name="delays">{{cite web|date=February 29, 2008|title=Judge in Nixzmary case says sorry to jurors as bickering delays testimony|publisher =New York Daily News|url =http://www.nydailynews.com/news/ny_crime/2008/02/29/2008-02-29_judge_in_nixzmary_case_says_sorry_to_jur.html|accessdate=2008-03-03}}</ref> It was reported that the trial never started before 10:30 a.m. and rarely went past 5 p.m.<ref name="delays" /> Jurors were sent home five times without hearing any testimony and were getting long lunch breaks and a half-day every Friday.<ref name="delays" /> It was also reported by Schwartz that witnesses were "hostile" and "stalled their appearances".<ref name="delays" /> ===Unidentified Riker's Island inmate blames Santiago=== It was reported that a secret witness, later identified as a Riker's Island inmate, was claiming that Brown's mother was her murderer.<ref name="Snitch">{{cite web| date =Monday, [[March 3]], [[2008]]|title =Snitch claims Nixzmary Brown's mother confessed to killing daughter| publisher =New York Daily News| url=http://www.nydailynews.com/news/ny_crime/2008/03/03/2008-03-03_snitch_claims_nixzmary_browns_mother_con.html|accessdate =2008-03-03}}</ref> There was also mention of a secret diary, which was a collection of handwritten notes that the inmate took during her time in jail with Santiago.<ref name="Snitch" /> Prosecutors have dismissed the person as unreliable, but the defense wants her to take the stand.<ref name="Snitch" /> It was reported that if the witness testifies, it could be in a closed-door hearing for safety reasons.<ref name="Snitch" /> During the Tuesday, March 4th portion of the trial, the jurors finally heard the testimony of the inmate/witness.<ref name="dud">{{cite web| title=Nixzmary Dad Witness a Dud| publisher =New York Post| url =http://www.nypost.com/seven/03052008/news/regionalnews/nixzmary_dad_witness_a_dud_100515.htm| accessdate=2008-03-05}}</ref> This testimony by the inmate also revealed that she may have hurt Rodriguez in the past.<ref name="dud" /> One person later commented that this witness may have helped the prosecution more than the defense as, the testimony was supposed to focus the blame for Brown's death on Santiago.<ref name="dud" /> It was later published in a newspaper that the unidentified inmate revealed a story of the sexual abuse of Brown.<ref name="jailtale">{{cite web| date=[[March 8]], [[2008]]|title ='I Killed Nixzmary' Jail Tale| publisher=New York Post| url =http://www.nypost.com/seven/03082008/news/regionalnews/i_killed_nixzmary_jail_tale_100933.htm| accessdate=2008-03-10}}</ref> She revealed that Santiago had desired to hurt Brown because she discovered Rodriguez making Brown have oral sex with him.<ref name="jailtale" /> According to the inmate's verbal testimony, which she recorded in a set of composition books, the inmate indicated that Santiago "told me her child was a bad kid and her and her husband killed her."<ref name="jailtale" /> The inmate also said that Santiago despised her daughter and defended Rodriguez.<ref name="jailtale" /> According to the article, the inmate reading from a May 15, 2006 journal entry said that Santiago had said " ...that her husband was a good man and the child was evil".<ref name="jailtale" /> The inmate said that Santiago referred to Brown as 'diablo'.<ref name="jailtale" /> It was further noted in the article that the sexual charges against Rodriguez had been dropped before the trial and that the M.E. had indicated that there were no signs of sexual abuse.<ref name="jailtale" /> On Tuesday, March 11, Schwartz had concluded the defense portion of the case.<ref name="justice">{{cite web|date =March 12, 2008| title =DA confident Nixzmary will 'get her justice' as defense rests in slaying trial| url =http://www.nydailynews.com/ny_local/2008/03/12/2008-03-12_da_confident_nixzmary_will_get_her_justi.html| accessdate=2008-03-12}}</ref> It is possible that Rodriguez' fate could be decided with closing arguments on Wednesday, March 12.<ref name="justice" /> Prosecutor Dwimoh appeared very confident outside of Brooklyn Supreme Court, saying "I'm confident at the end of the day, Nixzmary Brown will get her justice."<ref name="justice" /> ===Trial conclusion=== As the trial was nearing its end, the closing arguments were given.<ref name="closing1">{{cite web| date=Thursday, March 13, 2008| title =NYC Jury Weighs 7-Year-Old's Death| publisher=AM New York/Associated Press| url =http://www.amny.com/news/nationworld/nation/wire/sns-ap-child-death-trial,0,6733464.story| accessdate=2008-03-13}}</ref> Prosecutor Ama Dwimoh displayed again the photos showing a tortured Brown.<ref name="closing1" /> Dwimoh made these statements: "He's nothing short of a murderer"; "Now he's having you believe, 'it ain't me; it's my wife.' Hmmm!" and then she argued "There is nothing that 7-year-old Nixzmary Brown could ever do to deserve that."<ref name="closing1" /> Dwimoh had declared that even in death, Brown herself "remains the most eloquent piece of evidence in this case".<ref name="closing2">{{cite web| title=Nixzmary prosecutor's eloquence is up to terrible task| publisher =New York Daily News| url =http://www.nydailynews.com/ny_local/2008/03/13/2008-03-13_nixzmary_prosecutors_eloquence_is_up_to_.html| accessdate=2008-03-13}}</ref> She described how Brown's "body speaks volumes about the life she was forced to live."<ref name="closing2" /> Dwimoh did this while projecting the images of Brown's corpse onto three large screens.<ref name="closing2" /> Dwimoh further said that "Each mark, bruise, laceration, contusion, abrasion, ligature mark, tells the story of systematic abuse and torture that she suffered at the hands of this defendant"<ref>{{cite web| date=March 13, 2008| title=Nixzmary's Body of Evidence| publisher =New York Post| url =http://www.nypost.com/seven/03132008/news/regionalnews/nixzmarys_body_of_evidence_101759.htm| accessdate=2008-03-13}}</ref> Schwartz continued to portray Rodriguez as a family man who punished Brown with beatings, but still insisted that Brown's mother was the actual killer.<ref name="defense1">{{cite web|date =Thursday, March 13, 2008 5:57 PM|title =Deliberations underway in Nixzmary trial| publisher=7online.com Eyewitness News WABC| url =http://abclocal.go.com/wabc/story?section=news/local&id=6017334| accessdate=2008-03-13}}</ref> The jury began deliberating on March 13.<ref name="closing3">{{cite web| date=Thursday, March 13, 2008| title =Jury deliberating Nixzmary's stepfather's fate| publisher=AM New York/Associated Press| url =http://www.amny.com/news/local/ny-nynixz0314,0,7394018.story| accessdate=2008-03-13}}</ref> They had received instructions from Justice L. Priscilla Hall in deciding on the 12 criminal charges against Rodriguez.<ref name="closing3" /> Schwartz had indicated that Rodriguez would be convicted of something.<ref name="closing4">{{cite web|date=[[March 13]], [[2008]]|title=Jury begins deliberations in Nixzmary Brown case | publisher =New York Daily News| url =http://www.nydailynews.com/news/ny_crime/2008/03/13/2008-03-13_jury_begins_deliberations_in_nixzmary_br.html| accessdate=2008-03-13}}</ref> He made one last unsuccessful attempt at a mistrial, arguing that the prosecution shouldn't have used the photographs.<ref name="closing4" /> On Tuesday, March 18th, Rodriguez was convicted of first-degree manslaughter.<ref>{{cite web| date=March 18, 2008| title=Guilty Verdict in Nixzmary Brown Case| publisher=New York Times| url =http://www.nytimes.com/2008/03/18/nyregion/18cnd-nixzmary.html?hp| accessdate=2008-03-18}}</ref> Rodriguez is facing a maximum of 29 years for the manslaughter charge, weapons possession and endangering the welfare of a child..<ref name="lawyer_argument">{{cite web |date=March 19, 2008 |title =Manslaughter conviction for Nixzmary stepfather, but escapes murder rap |publisher=New York Daily News |url=http://www.nydailynews.com/news/ny_crime/2008/03/19/2008-03-19_manslaughter_conviction_for_nixzmary_ste.html |accessdate=2008-03-19}}</ref> On Thursday, April 3rd, Brooklyn Supreme Court Justice L. Priscilla Hall, sentenced Cesar Rodriguez to a term of 26 1/3 to 29 years in prison. He was given 25 years for first-degree manslaughter and 1 1/3 to 4 years for [[false imprisonment]]. This sentence was the maximum term. Prior to the judge imposing her sentence, Rodriguez briefly addressed the court saying, "I'm just sorry for causing anybody any emotional pain or distorted memories about the child. I'm just sorry. I loved Nixzmary." As he was led away, a woman in the crowd yelled "murderer!" and another shouted "I hope you die in jail!" ==Nixzaliz Santiago and her upcoming trial== It was reported that Santiago was harassed by other inmates during a bus ride to the Brooklyn courthouse.<ref name="Nixzaliz1">{{cite web| title=Rikers Island inmates spit on Nixzmary Brown's mother during bus ride| publisher=New York Daily News| url=http://www.nydailynews.com/news/ny_crime/2008/03/27/2008-03-27_rikers_island_inmates_spit_on_nixzmary_b.html| accessdate=2008-03-27}}</ref> She had complained to the judge about her treatment and other inmates.<ref name="Nixzaliz1" /> Her lawyer Sammy Sanchez told Brooklyn Supreme Court Justice Patricia DiMango that Santiago "was physically harassed", this at the first hearing since Rodriguez was convicted of manslaughter.<ref name="Nixzaliz1" /> Dimango indicated that Santiago's trial would occur either in May or June, 2008.<ref name="Nixzaliz1" /> ==References== {{reflist|2}} ==See also== * [[Abuse]] * [[Child abuse]] * [[Child sexual abuse]] * [[Sexual abuse]] == External links == * [http://www.nixzmarybrown.org Nixzmary Brown.org] * {{findagrave |id=13013774}} {{DEFAULTSORT:Brown, Nixzmary}} [[Category:People from New York City]] [[Category:1998 births]] [[Category:2006 deaths]] [[Category:Puerto Rican-Americans]] [[Category:Murdered American children]] [[Category:People from Brooklyn]]