By: Dovesblood
On Thursday, September 18th., opening arguments were made in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago, at Brooklyn Supreme Court.
Nixzmary's stepdad's lawyers, Jeff Schwartz and Barry Deonarine were present in the room, sitting in the audience. The lead d.a., Ama Dwimoh (ja-mo) along with assistant d.a., Linda Weinman and asst. d.a. Anthea Bruffee, the prosecution's appellate lawyer, were present. Nixzaliz's lawyers, Sammy Sanchez and Kathleen Mullin were also there. The Judge Patricia DiMango was presiding over the courtroom. Judge DiMango was wearing a bright orange dress with matching orange earrings.
Ama Dwimoh delivered the prosecution's opening argument. Dwimoh recounted Nixzmary's last hours after Cesar Rodriguez bashed her head into the bathtub faucet and left her dying on the floor. Dwimoh said, "After being beaten, battered, broken and thrown naked onto a cold wooden floor, the last words of 7 year old Nixzmary Brown were 'mommy, mommy, mommy'"..."This defendant didn't protect Nixzmary, she didn't love Nixzmary, she didn't nurture Nixzmary."..."She didn't get any help or medical attention for Nixzmary when she desperately needed it. In fact, she did nothing".
If the prosecution wants a murder or manslaughter conviction, THEY NEED TO IMPROVE THEIR ARGUMENTS, because as it stands right now, they're leaving to many holes open for the defense. The prosecution's opening arguments basically consisted of 2 main points.
1) that Nixzaliz provoked Cesar into beating Nixzmary to death by pointing out that a pudding was missing.
2) that Nixzaliz left Nixzmary on the floor to die.
Both of these points that the prosecution is bringing up, the defense will probably counter with 5 counter arguments. In re: to prosecution argument 1) that Nixzaliz provoked Cesar into killing Nixzmary by pointing out the pudding is missing, the defense will probably say:
A) that pointing out that a pudding is missing is not against the law,
B) they'll say that Nixzaliz didn't know who took the pudding, it could've been Javier, Edward or Selena.
C) they'll say that Nixzaliz didn't know when she pointed out that a pudding was missing that Cesar would kill Nixzmary.
D) they'll say that it was EDWARD who told Cesar that Nixzmary took it, not Nixzaliz.
E) they'll say that Nixzmary was technically killed over the printer being jammed, not the pudding, and it was EDWARD, who tattled that Nixzmary stuffed toys into the printer.
After Cesar called Nixzmary to find out about the missing pudding, he told her to go and bring him back the cup. She was suppose to bring it back but she never did. Cesar goes off to listen to music, short while later he wants to print something and finds his printer jammed with toys. When he stands there screaming, "who's been messing with my printer"? it was EDWARD who tattled on his sister. No one compelled Edward to say this. Nixzaliz told the police on her video taped statement that when Cesar was yelling at everyone that Edward told her that it was Nixzmary who broke the printer and SHE told Cesar to go ask Nixzmary.
In Jan of 2006, Nixzaliz, in a jailhouse interview given to the newspaper, New York Daily News, gives a different account of WHO told Cesar Nixzmary broke the printer. The article is called, "The Last Plea Of Little Nixzmary" by Lisa Munoz. Nixzaliz told the reporter that it was Edward who told Cesar DIRECTLY, that it was Nixzmary who broke the printer, sending Cesar into a blind fury.
The defense could end up saying that if you're going to charge murder on whoever told Cesar about the pudding and printer, that the prosecution would have to go down to that foster home in Brooklyn and arrest Edward Brown, since he's technically the one that provoked Cesar. IT'S RIDICULOUS, I KNOW, BUT THAT'S WHAT THEY COULD END UP SAYING!
In reference to the prosecutors second argument that Nixzaliz left Nixzmary on the floor to die, the defense will probably say:
A) that Nixzaliz didn't know Nixzmary was dying on the floor. They'll say that Nixzmary was beaten many times before and didn't die and Nixzaliz wouldn't have any reason to believe that this time would be different. The prosecution is going to have to prove that Nixzaliz knew for a fact that Nixzmary was dying and walked away. That's going to be the hard part for them- how to prove it.
B) the defense will also claim that after Cesar dumped Nixzmary on the floor of the dirty room, that when Nixzaliz went to check on Nixzmary and saw that she was cold, Nixzaliz
1)put her into a tub with warm water, put warm water in her mouth,
2) dressed her in a warm sweatsuit,
3) wrapped her in a blanket
4) lied her next to a working radiator so she could warm up.
The defense will claim that if Nixzaliz wanted Nixzmary dead, she wouldn't have tried to help her daughter get better by trying to warm her up, she would have just left her there.
Again, THE PROSECUTION NEEDS TO IMPROVE THEIR ARGUMENTS, otherwise the jury is going to come back with a verdict that's not murder or manslaughter!
SANCHEZ SAID IN HIS OPENING STATEMENTS, THE FOLLOWING: That "Nixzaliz Santiago is not a monster." That, "the real killer here, ladies and gentlemen, is Cesar Rodriguez." "He was the one who masqueraded as a father, as a husband and turned out to be a killer. Nixzaliz Santiago was also a victim...The entire family was victimized by this monster."
He then said of Nixzaliz that every 90 days for 2 years she took Nixzmary to the doctor, that Nixzaliz was born with a cord around her neck, she's a slow learner, not sophisticated, 5th grade education and was forced to rely on men.
Sanchez said that in 2003 Nixzaliz came to New York from Puerto Rico, met Cesar and the two spent their honeymoon in a homeless shelter. Sanchez said that Cesar was not always violent and that he took the kids to school and helped with their homework.
He then referred to "days of impact" in 2005 where Nixzmary missed school then returns to school with the scar over her right eye. He said May 2005, Nixzmary went to the pediatrician because she was losing weight, that Nixzmary was skinny from birth and that she was born in the 10th percentile. Sanchez then said that on Dec 1st. 2005, when Nixzmary showed up at school with the gash over her eye, that ACS was called to the school and they took all the kids to the hospital for exams. They checked all the kids for bruises and determined that ACS didn't need to get involved.
Then Sanchez talks about Nixzaliz's miscarriage. He said on Nov 27th she had the miscarriage. It took place in the bathroom and that afterwards, she picked up the remains of the miscarriage, put it in a jar and went to the hospital. He said Nixzaliz asked a nurse at the hospital to put the "baby" in a jar and fill it with preservation fluid because she didn't want to leave the fetus at the hospital. The nurse obliged. The upstairs neighbor, Ulvis Rivera called 911 when Nixzaliz had the miscarriage, then she called Cesar who was already at the hospital with Nixzmary (for the gash over her eye). When Rivera told Cesar of Nixzaliz's miscarriage, she said he didn't care.
Sanchez then said that when Cesar was in the bathroom with Nixzmary, that Nixzaliz tried to stop Cesar. Afterwards, Nixzaliz picked up Nixzmary from the room, cleaned her up in warm water, dressed her in warm pajamas and left her by the radiator to warm up.
Sanchez again states, that when Nixzmary was taken by ACS to the hospital on Dec.1st. and checked by the doctors, that her clothes were removed and the medical records state "no ACS necessary". Sanchez said that on Dec 1st, when ACS went to the home, that afterwards, things got worst with Cesar. He isolated the family and disconnected the phone. Sanchez said,"you know why she didn't call the police? There is no phone. He disconnected the phone. He isolated the family... the more violent he became, the more he isolated the family." He said Nixzaliz didn't want to go to a shelter with 6 kids.
Sanchez stated, "this is not depraved indifference, she didn't know her child was dying." Sanchez said the upstairs neighbor, Rivera heard banging and screaming and when she complained about the noise, Cesar would turn up the music. She said Nixzaliz confessed to her that Cesar was beating on her.
At this point, one of the female reporters in the room is brushing her hair during Sanchez's opening statement.
Sanchez also stated that the first responding police officer, Eric Nolan, characterized Cesar as being aggressive.
He then told the jury not to base their verdict on sympathy or to compromise. After the jury was excused, one of the alternates was dismissed. It was a female elementary school teacher who was crying and begged Judge DiMango to let her off the case stating it would be to hard for her. DiMango consented and released her.
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