Murder of Nixzmary Brown

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Nixzmary Brown
Born	July 18, 1998 (1998-07-18) Brooklyn, New York City, U.S.
Died	January 11, 2006 (aged 7) Brooklyn, New York City, U.S.

Nixzmary Brown (July 18, 1998 – 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.

Contents 1 Brown's murder 2 Previous abuse, and failure of the ACS 3 Funeral, burial and family anger 4 Nixzmary's Law 5 Rodriguez Trial: 2008 5.1 Forensic photographs, head blow and brain hemorrhage 5.2 A child service worker testifies 5.3 Grandmother's testimony 5.4 E.R. doctor witness and other medical testimony 5.5 Attorney change and apology for delays 5.6 Unidentified Riker's Island inmate blames Santiago 5.7 Trial conclusion 6 Nixzaliz Santiago and her upcoming trial 7 References 8 See also 9 External links

[edit] Brown's murder

Brown was tortured^[1] and killed by her stepfather, Cesar Rodriguez over a cup of yogurt and a broken printer.^[2] In the view of her stepfather, to quote a USA today article, she was a "troublemaker".^[3] 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 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.^[4]

[edit] 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.^[5] Another story in January 2006 brought more details of the ACS.^[6] Blame was eventually assigned to the ACS by the news media^[7] and six Children's Services employees were disciplined.^[8] There were also stories that investigators were "swamped" with cases and the Bloomberg administration noted that, in response, ACS was hiring 525 more workers.^[9]

In March, 2006, a City panel was created by Mayor Bloomberg in response to Brown's death, advocated the following changes:

"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."^[10]

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.^[10]

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.^[11] 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.^[11] The Councilman said that ACS has made some progress but noted that children were still being lost.^[11]

As of March, 2008, the ACS has launched a $1M recruitment drive for new child welfare caseworkers.^[12] It was reported that the agency was getting many applications, but retention of caseworkers was a great problem.^[12] It was further reported that in 2007, 17 percent of the city's caseworkers had quit.^[12] The pay for the position was reported as starting at $39,000.^[12] Videos and other illustrations of the difficulty of the position are being used in the recruitment process.^[12]

[edit] Funeral, burial and family anger

Nixzmary Brown's funeral was held at St. Mary Church on Manhattan's Lower East Side.^[13] According to a Newsday report, there was considerable anger during the burial of Nixzmary Brown, with two sides of Brown's family present.^[14] 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'.^[14]

[edit] 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.^[15][16]

Since passing of the law, reports have increased to New York States' child abuse hotline.^[17]. 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.

[edit] 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.^[18] 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.^[19]

Prosecutors were insistent that the judge allow jurors to see 7 pictures of the dead girl at the start of the testimony.^[20] Photographs of Brown, showing her bruised and battered body "proved too gruesome yesterday for even her accused killer, Cesar Rodriguez.^[21] 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.^[22] Prosecution had planned to show crime-scene photos at the trial, calling it a case of torture.^[23]

The jury composition was 10 women and two men; nine of them had children of their own.^[24] 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.^[25]

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".^[26][27] 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.^[26]

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.^[26] Further, Brown was said to be "routinely tied to the chair; beaten repeatedly with a belt and fists.^[26] 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."^[26]

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.^[27]

On Friday, January 18th, the trial focused on household items which were transformed into instruments of torture for Brown.^[28] The chief object was the chair that Brown was tied to.^[28] 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."^[28] The jury seemed most disturbed by the cat-litter box.^[28]

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."^[29] 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."^[29]

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.^[30] 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.^[30] 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.^[30] ACS Commissioner John Mattingly had also made comments.^[30] He had mentioned to the Daily News editorial board that there were various methods that could have been used, but weren't. ^[30] 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.^[30] 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."^[30]

Andrea Peyser compared Nixzmary Brown to another young girl murdered years ago, Justina Morales.^[31] In that murder case, both the mother, Denise Solero, and her boyfriend "decided the girl had to die because she resisted taking a bath."^[31]

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.^[32] This same mug was the weak evidence that Schwartz presented to show that Rodriguez didn't murder Brown.^[33] 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."^[33] Assistant D.A. Ama Dwimoh rebuked the whole idea of Rodriguez ever being a good father to Brown.^[33]

Further court discussion centered on the black leather belt that Rodriguez used to allegedly hit Brown.^[34] There were traces of Brown's DNA on the belt, according to prosecutors.^[34]

New evidence was presented at the close of the trial on Wednesday, January 23.^[35] A gag order was issued by the court.^[35] Mention was made of Rodriguez "petty criminal record".^[35] It was anticipated that this new "mystery" evidence would be revealed during Wednesday or later.^[35] However, for a second time, jurors were sent home on Thursday.^[36] It was reported that both sides in the court case refused to talk about developments.^[36] A 'gag' order is in place and the Daily News was attempting to lift the order.^[36] The next time that jurors meet will be Monday, January 28.^[36]

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.^[37] The judge, Priscilla Hall, had held a "sealed hearing" because of witness' safety concerns.^[37] The gag order remained to prevent either side from speaking about the case.^[37] A number of newspapers had filed papers seeking to lift the gag order.^[38] It was further revealed that Brown's blood was found in numerous areas of the spare room she was kept in.^[39] The expert brought forth, Taylor Dickerson, said that her DNA profile was clearly present.^[39] The chief prosecutor said she was tortured and the blood found on the jeans that her stepfather wore on January 11 belonged to Brown.^[39]

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.^[40] 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.^[40] 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.^[40] 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.^[40]

The jury was shown a video depicting the family shopping on Monday, January 9, 2006 while Brown was left home.^[41] The shopping occurred at a Target store in Downtown Brooklyn, the Atlantic Center Mall.^[41] The specific toy items being purchased were Power Ranger action figures, Hot Wheels cars, Play-Doh, Bratz dolls, etc.^[41] Nowhere is Brown seen in the video, and the defense lawyer said the video didn't prove anything.^[41]

Rodriguez's defense claimed that he was never read his Miranda rights, and that his constitutional rights were violated.^[42] The discussion then turned to the actual arrest of Rodriguez.^[42]

On February 4, the jurors watched a video statement showing Rodriguez talking about the abuse he inflicted on Brown.^[43] As had happened previously, jurors showed strong emotions as they listened to his explanations.^[43] Prosecutors believe the video to be "the most damning evidence".^[43] Prosecutor Ama Dwimoh said "He calmly and coldly talks about how he would beat Nixzmary Brown".^[43] Rodriguez's lawyer, Schwartz, attacked the video by cross-examining Det. Steven Sneider, who was presenting the video evidence.^[43] At one point, Schwartz called for a mistrial but his motion was denied.^[43] Schwartz then stated to the jury that Rodriguez was taking responsibility for wounds inflicted by Brown's mother, Nixzaliz.^[44] There was discussion of a "jailhouse witness" which the New York Daily News took credit in first reporting.^[44]

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.^[45] Brooklyn Supreme Court Justice Priscilla Hall then reprimanded Schwartz for that remark after the jury was dismissed for lunch.^[45] Schwartz, according to a news report, had been complaining that prosecutors had "sandbagged" his defense of Rodriguez.^[45] Afterwards, the Prosecutor indicated that prosecutors had no desire to show the jury a pile of pornography.^[45]

[edit] Forensic photographs, head blow and brain hemorrhage

Forensic photographs were shown to the jury on Thursday, February 7, and the jury reacted emotionally.^[46] Barbara Sampson of the medical examiner's office said on the stand that the bruises were only hours or days old.^[46] It was indicated that a head blow Brown received two days before she died was the cause of her death.^[47] "She was unconscious and going into respiratory depression for at least several hours before she died," Dr. Barbara Sampson informed jurors.^[47] It was further learned that neither Rodriguez nor Santiago did anything to help Brown during the hemorrhage.^[47] Further photographs of Brown were shown to the jury to back up Sampson's diagnosis.^[47] 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."^[47] Dr. Barbara Sampson also provided the following details during the day's trial, saying that Brown had been somnolent and then in a coma. ^[48] Sampson also indicated that Brown probably had progressive respiratory depression and perhaps had made moaning and groaning sounds, and was also gasping for air. ^[48] Sampson further indicated that subdural hematoma was the mechanism of her death. ^[48]

[edit] 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.^[49] 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.^[49] 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.^[49]

Rhoden testified in court on Tuesday, February 19 that Rodriguez cursed her when she made inquiries concerning "lacerations, bruises and welts" on the girl.^[50] She further testified that Brown's mother attempted to show her a fetus kept in a jar in the family's apartment.^[50] Rhoden indicated that she was disturbed by this revelation and so recommended mental health counseling for Brown's mother.^[50] 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.^[50]

[edit] 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.^[51] Schwartz defense strategy of Rodriguez involved blaming his wife, Nixzaliz Santiago, and showing that she was the actual murderer.^[51] Gonzalez is suing New York city for $150 million for "negligence", and the failure of the ACS to act on behalf of her granddaughter.^[51] Brown's grandmother, Maria Gonzalez, finally provided her testimony during the Wednesday, March 6th portion of the trial.^[52] Gonzalez, however, used the opportunity to defend her $250 million lawsuit that she had filed.^[52] As before, Schwartz continued his tactic of taking the testimony of others to use against Santiago to show that she was unstable.^[52] 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.^[52] Further testimony by Gonzalez resulted in her testimony denying the continued trial allegations of Schwartz that Brown was a "wild child".^[53] She further indicated that Brown and her siblings were in fear of Rodriguez.^[53]

[edit] 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.^[54] 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.^[54] The official hospital records from the November 29, 2005 visit say "No other bruises present."^[55]

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.^[56] It was expected that the testimony would ruin Prosecution's argument that Brown was the victim of child abuse syndrome.^[56] However, Wetli indicated that Brown was definitely killed by a blow to her head.^[57] This conflicted with Defense' argument that Brown was never hit on her head.^[57]

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".^[58] She revealed from the report that, in November, 2005, Rodriguez had choked and threw her to the floor and within hours Santiago had miscarried.^[58] There was discussion as to whether the report was admissible in court.^[58] Schwartz contended that the report proved Santiago a liar, while Weinmam wanted the report kept confidential.^[58] It was explained that this was an obsession; the reason Santiago kept the fetal remains in a jar.^[58] 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."^[58] Schwartz also maintains that it was Santiago who delivered the death blow to Brown.^[58]

[edit] Attorney change and apology for delays

On February 27, the lawyer for Nixzaliz Santiago, Robert Abrams, removed himself from the case citing "communication difficulties.^[59] Santiago believed, according to the article, that a psychiatric evaluation given to defense would harm her case.^[59]

The judge in the murder case apologized to jurors about the delays in the trial.^[60] It was reported that the trial never started before 10:30 a.m. and rarely went past 5 p.m.^[60] Jurors were sent home five times without hearing any testimony and were getting long lunch breaks and a half-day every Friday.^[60] It was also reported by Schwartz that witnesses were "hostile" and "stalled their appearances".^[60]

[edit] 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.^[61] 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.^[61] Prosecutors have dismissed the person as unreliable, but the defense wants her to take the stand.^[61] It was reported that if the witness testifies, it could be in a closed-door hearing for safety reasons.^[61] During the Tuesday, March 4th portion of the trial, the jurors finally heard the testimony of the inmate/witness.^[62] This testimony by the inmate also revealed that she may have hurt Rodriguez in the past.^[62] 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.^[62] It was later published in a newspaper that the unidentified inmate revealed a story of the sexual abuse of Brown.^[63] She revealed that Santiago had desired to hurt Brown because she discovered Rodriguez making Brown have oral sex with him.^[63] 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."^[63] The inmate also said that Santiago despised her daughter and defended Rodriguez.^[63] 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".^[63] The inmate said that Santiago referred to Brown as 'diablo'.^[63] 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.^[63]

On Tuesday, March 11, Schwartz had concluded the defense portion of the case.^[64] It is possible that Rodriguez' fate could be decided with closing arguments on Wednesday, March 12.^[64] 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."^[64]

[edit] Trial conclusion

As the trial was nearing its end, the closing arguments were given.^[65] Prosecutor Ama Dwimoh displayed again the photos showing a tortured Brown.^[65] 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."^[65] Dwimoh had declared that even in death, Brown herself "remains the most eloquent piece of evidence in this case".^[66] She described how Brown's "body speaks volumes about the life she was forced to live."^[66] Dwimoh did this while projecting the images of Brown's corpse onto three large screens.^[66] 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"^[67]

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.^[68]

The jury began deliberating on March 13.^[69] They had received instructions from Justice L. Priscilla Hall in deciding on the 12 criminal charges against Rodriguez.^[69] Schwartz had indicated that Rodriguez would be convicted of something.^[70] He made one last unsuccessful attempt at a mistrial, arguing that the prosecution shouldn't have used the photographs.^[70]

On Tuesday, March 18th, Rodriguez was convicted of first-degree manslaughter.^[71] Rodriguez is facing a maximum of 29 years for the manslaughter charge, weapons possession and endangering the welfare of a child..^[72]

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!"

[edit] Nixzaliz Santiago and her upcoming trial

It was reported that Santiago was harassed by other inmates during a bus ride to the Brooklyn courthouse.^[73] She had complained to the judge about her treatment and other inmates.^[73] 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.^[73] Dimango indicated that Santiago's trial would occur either in May or June, 2008.^[73]

[edit] References

[edit] See also

• Abuse
• Child abuse
• Child sexual abuse
• Sexual abuse

[edit] External links

• Nixzmary Brown.org
• Murder of Nixzmary Brown at Find A Grave