(Photo: Dr. Charles Wetli)By: Dovesblood
On October 7th, 2008, the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago, continued. First I'll say what happened in a nutshell then I'll give the testimony in detail.
HERE'S WHAT HAPPENED IN A NUTSHELL: The defense called to the stand their Medical Examiner, Dr. Charles Wetli. He testified that Nixzmary wasn't lying on the floor dying for 2 days, that she was hit on the head and her death came a few hours later.
Nixzmary died from a subdural hematoma. Here's what that is:
SUBDURAL HEMATOMA: first, there's the skull, then there's a membrane called the dura mater that covers the bottom of the skull. Under the dura mater is the brain. The dura mater has tiny veins that connect it to the brain and the skull. (so the dura is in the middle between the skull and the brain) When a person's head is struck violently the veins connecting the dura mater tear and leak blood. So a subdural, is a pooling of the blood between the skull and the dura. When the blood pools it presses on the brain. That's what happened to Nixzmary.
Here are the scientific reasons he said Nixzmary had only died a few hours after being hit:
1. Blood from the subdural will adhere to the dura. A subdural of two days would have blood entirely adherant to the dura. Nixzmary's blood was not entirely adherant to the dura, which tells us that it's only hours old.
2. Then he said that when a person is bruised, initially red blood cells will remain intact, then after 2-3 days they'll break down. Nixzmary's cells were still intact, meaning the injury was hours old not two days.
3. He also said that when blood comes out of the membrane, the body responds with an accute inflammatory reaction within a few hours.(this can be detected microscopically) Nixzmary had that accute inflammatory reaction, meaning her injury was only hours old.
4. He also noted that Nixzmary's potassium level (7.4) was more consistant with her being dead a few hours rather than days.
5. Wetli said in reference to starvation that people who are starving have a chemical that 's released into their blood called, acetone. He said Nixzmary had no acetone in her blood and that means she wasn't starving.
6. Wetli also said that none of her fat cells were breaking down, trying to nourish her body.
Wetli also said that the cause of death listed on Nixzmary's autopsy report is child abuse syndrome with a subdural hematoma. Wetli said that Nixzmary did die from the subdural but he said that you can only put child abuse syndrome on a death certificate only if there's no one specific thing that caused the death. Wetli said in Nixzmary's case the one specific thing that caused her death was the subdural, that absent the subdural, she would still be alive. So because there is specifically something that caused her death, you can't put child abuse syndrome down. He said she was a victim of child abuse but didn't die from child abuse syndrome, she died from a subdural hematoma.
HERE'S THE TESTIMONY IN DETAIL:
In the morning when everyone arrived in court, Judge Patricia DiMango, was wearing a leopard jacket with a bright red dress underneath. The judge is known for her flashy outfits, evening dresses worn on the bench, and wearing her judge's robe, off the shoulder. The leopard jacket and red dress were definately eyecatching. A woman in back of me was saying she liked DiMango's outfit. Other women in the room sometimes tend to be catty when it comes to DiMango. I've heard them on more than one occassion. DiMango is a law professor so she's not stupid but the outfits tend to make the women in the room stare. Like I said, the women in the room are catty. Judge DiMango still has a cold. She's had that cold since jury selection started.
Defense lawyer, Sammy Sanchez was wearing a beige suit. Defense lawyer, Kathleen M. Mullin, was wearing a brown skirt suit. Lead D.A., Ama Dwimoh (ja-mo) was wearing a gray suit. Asst. D.A., Linda Weinman, was wearing a black mini skirt. Asst. D.A., Anthea Bruffee was wearing a black pants suit. Nixzaliz was wearing a brown jacket, purple shirt, and navy blue jeans with designs on the back pockets. She wore rectangular shaped, black rimmed glasses and her hair was in a bun. The bun was tied with a pink/brown scrunchie.
Before Nixzaliz's case started, Judge DiMango was handling another case regarding post release supervision. Defense counsel, Kathleen Mullin, walked over to the prosecution's table and started going through pictures of Nixzmary. Mullin had a big gigantic tan pocketbook that was on the defense's desk. She had a hard time lifting it from the desk onto a chair in back of the desk because it was so heavy. I could see her struggling, lifting it with both hands underneath the bag.
The defense's first witness was their medical examiner, Dr. Charles Wetli. Wetli was dressed in gray, had on a pink tie and his complexion was also pinkish.
Defense counsel, Kathleen Mullin, did the direct exam.
Wetli testified that he's from New Jersey, 65 years old, married, forensic pathologist, atttended the University of Notre Dame and has a bachelor's in science. He went to St.Louis school of medicine where he received his medical degree. Became a doctor in 1969, spent 3 years in the army. He's worked at Cedars of Lebanon as a pathologist in Florida. In 1980 he became the Chief Medical Examiner for Miami Dade until Feb. 1995. He was also a clinical Assoc. Professor of Pathology and the Chief Medical Examiner and Director of Forensic Sciences for Suffolk County. (Long Island) He supervised 4 M.E.'s and was there for 11 and a half years. Retired in 2006. He received a presidential accomadation for his work in identifying the TWA Flight 800 victims. (that was a plane that went down) Scientifically identified all 230 victims on the plane. Performed over 7500 autopsies and supervised thousands. Currently, he works as a consultant in forensic pathology and takes private cases.
Defense counsel, Mullin pointed out that attorneys representing clients seek his expertise and he gets payed at a court assigned rate. (At Cesar's trial, Wetli was also the defense's M.E. The Asst. D.A., Linda Weinman, got him to admit that for his 2 days of testimony, he would normally recieve $10,000. He said he was charging Cesar's defense team much less) Mullin pointed out that she selected Wetli and the judge authorized his payment and that he's not been retained privately.
Wetli testified that he's written 120 peer reviewed journal articles and 2 books published. He regularly takes courses and he teaches District Attorneys and police, forensic pathology. He's testified over 1000 times, testified in Congress, through the county and in various states: California, Washington, Nevada, Oklahoma, Texas, Michigan, Illinois, Connecticut, Massachusetts, New Jersey, Maryland, North Carolina, South Carolina and Georgia. Testified in municipal and state courts and has never been denied expert status in anatomical, clinical or forensic pathology.
Lead D.A., Ama Dwimoh, spoke from her desk, asking him how many times he's testified in child abuse cases. Wetli: less than 1 %.
Dwimoh: no expertise in neuropathology? (the brain) Wetli: no more than any other forensic pathologist. Wetli then stated that forensic neuropathology (what the D.A.'s medical examiner is an expert in) is not a recognized term by the American Board of Pathology. It's used informally, it's not a formalized specialty. He said Neuropathology is a recognized sub-specialty of pathology. Its the disection of the brain and spinal cord.
He said he's performed over 7500 autopsies, autopsied over 250 children where he's been asked to render cause of death.
Wetli said that the autopsy doctor should be in court as they have a distinct advantage. (this was a dig at the prosecution's M.E., who was not the autopsy doctor)
He said he reviewed Nixzmary's complete medical records. Wetli stated that according to the autopsy records, Nixzmary's cause of death was listed as "child abuse syndrome with blunt impact to head". "Objection"! said all 3 prosecutors AT THE SAME TIME, like they were singing. "One of you will be enough"!, replied the Judge.
Mullin put up the autopsy report on the projector screen. (to the right of the audience is a gigantic white screen that a projector machine projects images onto.
Wetli said that the cause of death is not correct on autopsy report. The later part of death is correct (blunt impact to head) but he said he doesn't agree with the child abuse syndrome part. Wetli said Child abuse syndrome may not have symptoms of malnutrition.
Mullin directed him to the 0-36 month, birth chart and the growth chart for height and weight for ages 2-12 years. Mullin pointed out that ethnic children were not used as the basis for those charts. (white children were)
Wetli testified that if he were looking at Nixzmary's autopsy photos that he'd suspect malnutrition but the photos aren't enough to make a determination. He said he'd first get an accurate weight then go to the medical records to see where she normally fell on the growth chart. If he saw no changes it would indicate no malnutrition or you could assume chronic malnutrition. Mullin got Wetli to confirm that a single point of weight (Nixzmary was 36 pounds) couldn't tell you if the child was malnourished.
Mullin asked Wetli to review the charts from birth to 36 months with respect to the plots on the charts. Wetli notes that Nixzmary's height and weight follow along the 10th percentile (that's low on the chart, not good)
Mullin then proceeds to ask Wetli a series of questions about OTHER WAYS TO DETERMINE IF NIXZMARY IS MALNOURISHED. Wetli said other ways to determine malnutrition are: Looking at the stature of the parents, the other kids, look for areas of baldness in the hair, blood tests for vitamins and fat stores, growth arrest lines on the fingernails.
Wetli said that NIXZMARY'S HAIR HAD NO SIGNS OF BALDNESS and the M.E. who did the autopsy noted that the color was black/brown, wavy and 4-5 inches long.
She also HAD NO GROWTH ARREST LINES ON HER NAILS. Wetli pointed out that if Nixzmary had an episode of malnutrition, it would cause growth arrest lines but she had none.
He said that when people are starving, their fat appears an orange gelatnus color. Wetli noted Nixzmary's FAT APPEARED A NORMAL COLOR.
Wetli said that there's a chemical called "acetone". If acetone is present it indicates malnutriton. It comes from a breakdown of fat. When fat breaks down it produces acetone. Acetone is not the determining factor but it is strongly suggestive of starvation. He noted, NIXZMARY HAD NO ACETONE PRESENT. (this means that her body wasn't breaking down fat, trying to nourish itself)
He said there's no evidence for Nixzmary being malnourished except for her appearance.
Wetli also said that in the autopsy they would look for subcutaneous fat under the skin. It wasn't mentioned in Nixzmary's autopsy report but photos were taken of Nixzmary's fat and he said that THE FAT WAS PRESENT IN ADEQUATE AMOUNTS AND APPEARED NORMAL. Mullin asked, "so she looks skinny, but she's got fat"? Wetli said she could naturally be a skinny kid with a recent episode of malnutrition followed by nourishment. He noted that microscopically, fat cells look like a ring with a small stone. NIXZMARY'S FAT CELLS HAD THAT NORMAL SHAPE. He said that Nixzmary's fat cells were inconsistant with a diagnosis of malnutrition.
Wetli also said that anther sign of malnutrition would be that the heart would have serious atrophy and the heart cells would be watery. He said the M.E. examined Nixzmary's heart and there was NO SERIOUS ATROPHY IN NIXZMARY'S HEART. That means there was no evidence of malnutrition.
Mullin then said that according to the prosecution's theory, that they claim that Nixzmary was unconscious from the evening of Jan. 8th going into Jan. 9th. until she died. She isn't brought to the Medical Examiner until Jan. 11th. Wetli said in response to the theory of Nixzmary lying on the floor for two days that if someone were lying around for two days without eating or drinking they would be dehydrated and would have an elevation of a fluid in the eye called ureanitrogen. If someone is unconscious for 24 hours and they're not taking in fluids, ureanitrogen level in the eye elevates. He said NIXZMARY'S EYE FLUID WAS TESTED AND THE UREANITROGEN LEVEL CAME BACK AT = 21, WHICH IS NORMAL. That means she was not dehydrated and that at sometime in the past 24 hours, she had eaten. He noted BILE IN HER GALLBLADDER WAS MINIMAL- that means there was recent food ingestion. (these tests contradict the theory that she was unconscious for 2 days because they prove that she had only recently eaten)
Nixzmary's CREATNINE LEVEL WAS = 0.4 Creatnine would affect kidney function and her level was normal.
Her SODIUM WAS 144 & CHLORIDE WAS 115.
Defense counsel, Mullin, had previously drawn what a subdural hematoma looks like on a gigatic sketch pad for the jury to see. She had Wetli look at it.
Mullin then requests that a professional drawing of a subdural from a medical book called CIBA which is a collection of medical illustrations, be entered into evidence. Wetli is the one who brought the drawing and book.
The illustration of the subdural had a line on the bottom with a upside down U on top of it. There was an diamond shape in the center of the U. There was red inside of the diamond. On the outside of the diamond shape, on the right, were triangles going down the side of the diamond. Here's what all of this translates to: The outside of the upside down U is the outside of the scalp. The diamond shape with the triangles to the right is the dura mater that was just ripped and the triangles were the rips. The red inside of the diamond is the blood from the subdural.
Wetli said that the VEINS THAT BRIDGE THE DURA TO THE SKULL BREAK AT THE SAME TIME, SO THEY DON'T NEED TO TEST DIFFERENT SECTIONS OF THE BRAIN.
Wetli said that a parent wouldn't be able to see a hematoma or know that it's growing. If one pupil dialates and the child is not arousable, you'd know. (you'd have to know what to look for)
In reference to determining the age of the hematoma, Wetli said if the hematoma is fresh, you'll see the dura mater and red blood cells. If hematoma is older, you'll see inflammation and a form of membrane around the hematoma itself. After 3 months, there's scar tissue.
Wetli said NIXZMARY HAD NO MEMBRANE FORMATION. (meaning her hematoma was not older) There were areas that were adherant and some that were not. (blood adherant to the duramater) He confirmed that Nixzmary's level of adherance is inconsistant with her being hit on the head on Jan. 8th and dying on Jan.10th. Wetli testified that Nixzmary's hematoma was only 8-10 hours old from the time she received the injury.
Wetli also noted that ALL OF NIXZMARY'S RED BLOOD CELLS WERE INTACT. When a person is bruised, initially, red blood cells will remain intact and then start to break down after 2-3 days. All of Nixzmary's cells were intact meaning the bruising was recent.
Wetli also testified that when the red blood cells breakdown the cell membrane starts to leak. This produces an accute inflammatory reaction. Wetli stated that in Nixzmary's case, this is a very fresh hematoma.
Defense counsel, Mullin, pointed out the medical evidence so far suggests Nixzmary had been dead for 8-10 hours rather than on Jan. 8th.
Wetli then talks about bruise colors and determining how old a bruise is.
Mullin said that it's possible to tell from looking at the bruise 3 things: If the bruise is fresh, healed or healing, or somewhere in the middle.
Wetli said a dark blue or purple bruise means that it's fresh. Multiple colors like yellow and green means that's it's in the recent process of healing. If it's healed you won't see anything.
Wetli said that other than the subdural hematoma, there was no other injury that would've caused Nixzmary's death.
He said all of her injuries are consistant with being inflicted between Christmas and Jan. 11th.
Next, they discussed the 4 ways to determine a persons tme of death:
1) Lividity
2) Rigidity
3) body temperature
4) chemical tests
In reference to rigidity (when the body becomes stiff after death) Nixzmary had no muscle mass and you would need muscle mass to become rigid.
Lividity is when after death, because of gravity, all of the blood in the body pools to one location. You can see the blood stain. Wetli said it happens after the heart stops pumping. According to the M.L.I. report (MLI means: medical legal investigator, they are representatives of the medical examiner who go to the scene of the crime) NO LIVIDITY WAS OBSERVED IN NIXZMARY. The E.M.S. report also notes no rigidity or lividity. The Dr. who did the autopsy on Nixzmary, Dr. Guitierez, also noted: lividity minimal and located posterierly. (the blood pooled on her back) Wetli said that LIVIDITY WOULD BE APPARENT IN 3-4 HOURS AND INTENSE IN 12 HOURS. He said: if you have no lividity (Nixzmary didn't) then death occured very shortly before examination. Mullin pointed out that the Kings County M.L.I. report (who work for the state not the defense) is more consistant with Nixzmary dying closer to the exam rather than on Jan. 10th. If she died on Jan.10th, she'd have lividity.
Next they talked about using chemical tests to determine time of death. Mullin noted that a potassium test was performed on Nixzmary. Potassium fluid is taken from the vitrious fluid of the eye.
(these sort of eye tests really bother me. Nixzmary was a baby. They shouldn't have been sticking needles in or cutting up her beautiful eyes. I really feel that autopsies need to be banned. They are performed to frequently. They desecrate bodies on a regular basis and these autopsy doctors are sickos. Who in their right mind would want to cut open dead bodies for a living? These people (Sampson and Wetli) I feel have serial killer tendencies. Serial killers are the only ones who get pleasure from cutting open bodies. Every time I saw Wetli and Sampson, I kept thinking "ghoul"! "Dr. Death") Sampson was like a female Jeffrey Dahmer.
Getting back to the potassium test, Wetli said that the longer you're dead, the higher the potassium number. If you're dead right away, your potassium number would be 3 1/2 - 4. He noted that he's seen potassium levels of 30 and higher and that the Suffolk County Medical Examiner's Office uses potassium testing as a marker for time of death. NIXZMARY'S POTASSIUM LEVEL WAS 7.4 Wetli said that based on that level, she had not been dead for very long. If Nixzmary died on Jan.10th. her potassium level would've been higher.
Next, Wetli discussed the prosecution's medical examiner using body temerature to determine Nixzmary's time of death. Wetli said he would never use body temperature to determine the time of death. "the rate of cooling is so variable that body temperature is useless".
Mullin asked him if he was forced to use body temperature to determine time of death, what would be the most reliable way. Wetli said you would have to take the core temperature of the person's liver and keep taking it every 3 hours. That was not done with Nixzmary, they only took the single temperature.
Nixzmary's body temperature was 82 degrees. The ambient room temperature was 78 degrees. (after death, the body will cool until it reaches the ambient room temperature) Mullin pointed out that Nixzmary's body had not reached the ambient temperature of the room (78) and that's more consistant with her being dead less time.
Wetli said that when the Medical Legal Investigators arrived at 8:30 am. that Nixzmary had only been dead 5-6 hours at most. (Meaning SHE DIED SOMETIME BETWEEN 2:30-3:30 ON THE MORNING OF Jan.11th 2006) He said, SHE RECEIVED THE BLOW TO THE HEAD 8-10 HOURS PRIOR. (meaning she was hit on the head sometime between 6:30 - 7:30 pm)
Mullin said that the prosecution is claiming that Nixzmary was rendered unconscious on Jan. 8th. going into the 9th but the SCIENCE IS MORE CONSISTANT WITH HER BEING DEAD ON JAN.10th until the M.E. sees her. Wetli said her death would be closer to Jan. 11th.
Wetli also pointed out that the Kings County Medical Examiner's office is not credited by the National Association of Medical Examiners.
At this point, the judge called a 5 minute break.
Mullin took off her high heel shoes. Her and Selene, the STEPS lawyer, were talking.
Jeff Schwartz, Cesar's lawyer, shows up at 12:15 pm, during the break.
Judge DiMango came back into the room wearing her leopard jacket with a bright red dress underneath.(showing off her outfit) Afterwards, she started blowing her nose again. The judge has had a cold ever since jury selection started.
Mullin walked over to the D.A.'s table with an autopsy photo depicting Nixzmary's legs.
The jury returned at 12:25 pm.
The lead D.A., Ama Dwimoh, did the cross exam.
Dwimoh pointed out that Dr. Wetli had previously testifed at Cesar's trial for the defense.
In reference to the award Wetli recieved for his work on the TWA flight victims, Dwimoh revealed that he was actually critisized for refusing to accept outside help to perform the autopsies. He only had a staff of 5 medical examiners and refused outside help.
Dwimoh pointed out that Wetli didn't have Nixzmary's complete history regarding weight at the time of autopsy.
She also mentioned that only 1% of the cases he's testified at are child abuse cases.
Wetli agreed that all the injuries noted on Nixzmary were a result of child abuse.
and that the blunt impact to the head was also a component of pattern child abuse.
Dwimoh said that child abuse syndrome (that's what's on Nixzmary's death certificate as the cause of death:" child abuse syndrome including blunt impact to the head") is a constellation of injuries, some old, healing, or healed. Wetli said that he disagrees with the word "syndrome" being on the death certificate. You can only put "child abuse syndrome" on a death certificate if there is no one clear cause of death. In Nixzmary's case there was a clear cause: the blunt impact to the head.
Dwimoh put the death report up on the projector screen.
Dwimoh points out that Wetli said at Cesar's trial that the subdural was inflicted 6-8 hours or possibly 2 days before. She then gets the transcript of his testimony and reads it back to him. He said that was based on looking at the injuries only.
Dwimoh describes the symptoms of subdural: infliction of subdural followed by an accumulation of blood. Brain shifting and brain swelling. Occurs over several hours. There would be nausea, headaches, loss of consciousness and sessation of breathing. Wetli agreed.
Dwimoh said if you recieve prompt medical attention you survive. Subdural is drained from the surface of the brain.
Dwimoh said to Wetli that he's basing his opinion on red blood cells but she said that a few accute inflammatory cells are typically present within a few hours of the subdural. Wetli confirms that Nixzmary did have some inflammatory cells.
There was also some adherance of blood to her dura.
Dwimoh said that when a person scrapes their arm, a scab is not immediately formed. Some parts heal more quickly than other parts. Wetli started explaining how a scab works. He said a scab is a layer of protein. An abrasion (scrape) wipes away the outer layer of skin. Body's blood goes into the area and exudes a protein. He said a scab is nature's bandaid.
Dwimoh asked if bleeding of a subdural is a continuous process, Wetli said, yes.
Dwimoh said that some parts of hematoma you'd see cellular organization and other parts appear more recent. Wetli confirmed that process of healing is not uniform. Dwimoh: If you take a look at a hematoma that's more recent, you'd see intact red blood cells. Wetli said, yes.
Dwimoh talked about the difference between starvation and malnutrition.
Dwimoh got Wetli to confirm that acetone is not present in every case of malnutriton and it is possible that Nixzmary suffered from insuficient caloric intake.
Dwimoh then said that no where in the M.E. report does it say that Nixzmary suffered from dehydration. ( I couldn't understand why Dwimoh brought that up because that doesn't help her case. If Nixzmary wasn't dehydrated, then that means that she recently took in fluids or food and could not possibly have been lying around on the floor for 2 days)
Dwimoh said: you say Nixzmary is not starved or malnourished. She then puts up two crimescene photos of Nixzmary onto the gigantic projector screen. They showed Nixzmary lying on the floor with her shirt off, extremely thin to the point where you could see the bones under her skin.
The court breaks for lunch.
After the lunch break, when every one was coming back into the room, Nixzaliz's original attorney who she fired, Robert Abrams, showed up! I was in shock! I went out to the restroom and when I came back into the room he was there. I didn't see him talking to Nixzaliz's other lawyer, Sammy Sanchez. He was wearing his usual black eye patch and dressed in a gray suit. He left after a few minutes. That must have been uncomfortable for Sanchez, to say the least. This was suppose to be Abrams' case. Instead, his co-counsel, Sammy Sanchez, ended up taking over the case when Abrams got fired!
It's just as well that Abrams got released because Nixzaliz ended up with Kathleen Mullin as her lawyer. Nixzaliz could not have asked for a better lawyer than Kathleen Mullin. For whatever you want to think of Kathleen Mullin for representing someone accused of being involved in a child's death, she's a good lawyer. She's passionate, she knows her stuff and she's not afraid to dish the dirt on someone. She's like a character straight out of Law & Order. If Kathleen Mullin has to cross examine you, BE VERY AFRAID. She will be carrying a bucket of dirt in her left hand. She will take her right hand, put it inside of the bucket, scoop up some dirt, raise her hand into the air and FLING THE DIRT AT YOU while you're sitting on the witness box! Like I said, for whatever you want to think of her for representing what amounts to a baby killer, she is a good lawyer, you can't argue with that. Her personal morals you could maybe argue with but not her lawyering skills.
Nixzmary's grandmother, who's suing the city for 250 million dollars, her spokesperson is Awilda Cordero. During the break, I heard Cordero telling a reporter that she's an investigator for a Law Firm. Her non-profit organization, Emergency Rights, she does on the side.
Lead D.A., Ama Dwimoh, continued the cross examination of Wetli. Dwimoh said to Wetli that he claims that death occured 5-6 hours prior and he's basing that on the observations of the Medical Legal Investigators (MLI). She said the MLI used body temperature to determine time. Wetli said, no, he used potassium testing, observations of MLI and Dr. Guitierez and that Nixzmary had no lividity.
Dwimoh pointed out that Wetli had previously said that he couldn't rely on potassium testing because of the rate potassium changes after a person dies. Wetli said that if you take everything together ( potassium, no lividity, observations of MLI & Guitierez etc.) you can get an idea of the time of death.
Dwimoh said: you said the best way to take body temperature is to take the temperature of the liver at various intervals. She said: where the body is discovered, you'd have to cut it open, and stick a thermometer in and pull it out and keep doing it every 3 hours!? Wetli stared at her.
Dwimoh said that Nixzmary's body temperature was 82 deg., room temp was 78 deg. "you said it was more consistant that she died in less time"? Wetli said, yes. Dwimoh: are you aware she was placed in warm water? Wetli: yes. Dwimoh: were you aware she was dressed in sweatpants and placed near a radiator? Wetli: no. Dwimoh: that would increase body temp? Wetli: No it wouldn't increase body temperature.
Dwimoh asked him if he was familiar with John Koe's writing about potassium testing at time of death. Wetli said no he was familiar with Sturner. Dwimon sends Asst. D.A., Linda Weinman, over to an easle, to the righ (my right) of the witness box, to write out a potassium testing formula. Dwimoh: if you're relying on that formula, Nixzmary's death would be 12 hours prior. Wetli said, "the formula is worthless". Dwimoh: that's why M.E.'s don't rely on potassium testing. Wetli, "as a sole paramater". Wetli, "everyone finds them....(?)" Dwimoh, "I'm not talking about everyone, I'm talking about you"!!!
Dwimoh: minimal bile led you to conclude that she could've eaten a yogurt? (actual substance was Jello pudding) Wetli: yes.
Dwimoh: according to you, it could've been inflicted Jan. 8th? Wetli: yes.
Dwimoh: In majority of cases, person undergoes respiratory depression, then arrest, then cardia failure. This takes several hours. While process is going on, person could be moaning in pain or gasping for air? Wetli said, yes and agreed that if person received medical care it didn't have to be fatal.
Dwimoh puts crimescene photos of Nixzmary on the gigantic projector screen. Nixzmary is lying on a wooden floor and she's so thin, her shoulder bones are jutting out and you could see the bones through her skin. She literally looks like an Aushwitz victim. Dwimoh asked, "would you be alarmed if you saw a patient like that"? Wetli said, "I wouldn't be alarmed, I'd be concerned". Dwimoh was in disbelief. She said again,: you wouldn't be alarmed if you saw a patitent like that??? Wetli again said, "no", that he would be concerned. (I sat there and thought, remind me not to have YOU as my doctor. He lost major points for the defense by saying he would not be alarmed at seeing a patient in Nixzmary's condition. I was thinking, "Dr.death"!)
Dwimoh has Wetli approach the weight chart and asks him to place on the chart where Nixzmary falls at 36 pounds. He marks a spot on the chart (big easle) and Dwimoh points out that he placed the green dot in the wrong place, that Nixzmary weight is off of the chart.
She got Wetli to admit that Nixzmary could have been in a medically compromised state.
She said: It's your opinion that Nixzmary is not suffering from malnutrition based on lab tests, fat cells, no serious atrophy that YOU examined? Wetli: yes. Dwimoh: photo of the crimescene is not evidence of malnutrition? Wetli: it may or may not be. Dwimoh in disbelief over his statements, made a face. The defense counsel, Kathleen Mullin, said outloud,: "objection to the face making." Dwimoh's whole face tightens and her eyes go as wide as flying saucers. She turns to Judge DiMango and hisses, "I CAN'T HELP MY FACE" !!!!!! She stares at DiMango, with this wild, furious look on her face, almost daring DiMango to say something. DiMango doesn't say anything. This was the funniest shit. I had to keep myself from laughing. At Cesar's trial, Ama Dwimoh was famous for making faces and giving people the evil eye, sort of like a voodoo queen.
Dwimoh got Wetli to admit that the most common cause of being underweight in abused children is malnourishment.
Wetli also confirmed that an adult female is just as capable of inflicting injury to cause a subdural.
Dwimoh then quotes Wetli's book that he wrote in regards to what he said about child abuse syndrome. She made reference to his chapter on pediatric deaths. (I can't make out my notes in regard to what she said)
Dwimoh then puts autopsy photos back onto the gigantic projector screen. Photos of Nixzmary's bruised feet, lower back, ankle, bruise behind ear, black eyes, buttocks, lips and legs. Dwimoh said,: the injury to the forehead, if she lived that might've caused permanent injury, scarring? Wetli answered yes. (That made me sad, knowing that had little Nixzmary lived, there was a chance she would have had a permanent scar over her right eyebrow. I started thinking, maybe she could've had plastic surgery when she got older to cover the scar or maybe used a cream. Nixzmary was beautiful, physically. I'm sure she would've been self conscious about the scar. Even though she was dead, I felt bad for her, knowing she would've been in emotional pain from this scar. Cesar is such an animal for doing that to her)
Dwimoh asked him again that if Nixzmary had received prompt medical attention if she'd still be alive. Wetli asked: for the subdural hematoma? Dwimoh, her voice noticiably angered, said with an attitude, "OF COURSE!!! I'M NOT REFERRING TO THESE BRUISES!!!!"
Defense counsel, Kathleen Mullin, did the re-direct.
Mullin pointed out in reference to the prosecution claiming Wetli said at Cesar's trial that it was possible that subdural was 2 days old, that what he actually said was, only if you're just looking at it. Wetli said you would have to look at everything available. Mullin confirmed that it's possible that when you just isolate that one fact (that it looks 2 days old) but when you look at everything, it's unlikely.
Mullin said that the government is saying that Nixzmary's lack of muscle mass is a possible sign of malnutrition. Then Mullin asked: but when you look at the history of her life (Nixzmary was born with a low birth weight and had always had a very low weight) is it possible? Wetli answered, no.
Mullin then faced the jury and said that this was a murder trial for "A MOTHER OF 6 CHILDREN". "Objection", said the D.A. (Dwimoh didn't like Mullin trying to emotionally blackmail the jury by pointing out that Nixzaliz is a mother of 6 children. That could potentially make them feel sorry for her. The ironic part is, the prosecution's whole case is based on emotional blackmail. The bulk of their case are the autopsy photos that they constantly show to the jury to emotionally blackmail them into feeling sorry and voting with the prosecution. The jury is composed of 10 women and 2 men. Mullin pointing out that Nixzaliz is a mother of 6 children, I would think, only infuriates the female jurors. The women are going to hold Nixzlaliz to a higher standard, because she's a mother. Them, hearing she's a mother of 6 children, will only make them mad at her. It's possible Mullin said that because she was playing to the men on the jury. Men don't judge women as harshly as other women do)
Mullin pointed out that the potassium formula on the board that the Asst. D.A. wrote is "junk science". She said that's the consensus of the Medical Examiner community, National Association of Medical Examiners, and the Academy for Forensic Science. Mullin asked: at conferences, did they discuss the formula and is it their consensis that the formula is CRAP? Wetli said, yes.
Mullin asked that if Nixzmary was rendered unconscious on the evening of the 8th. or Jan. 9th, as that is what the prosecution claims, she would be dehydrated and what would you expect to see? Wetli answered, "an elevation of ureanitrogen". (Nixzmary didn't have an elevation. Ureanitrogen is the fluid from the eye)
Mullin questioned Wetli about Dwimoh's assertation that he was critisized for his work on the TWA victims. Wetli said that that was due to political interference and that the family was kept 60 miles away from us. Wetli also said a reason for the critisism was that they wanted his unit (which only consisted of a few board certified pathologists) to accept hospital based pathologists and unknown pathologists, all who were not board certified. Mullin pointed out that at the end, Wetli's office recieved a presidential accomodation.
Lead D.A., Ama Dwimoh, did the re-cross.
Dwimoh said that critisism in the newspapers means that you can't believe everthing you read.
When she asked, Wetli said he never reviewed Nixzaliz's written, oral and video statements. Dwimoh asked if the statements of an adult inside the home where Nixzmary's body was discovered would be of value? Wetli said: we correlate that with autopsy findings that we know. When asked, Wetli said that he did review Cesar's video taped statement.
Dwimoh said that Dr. Menna did the exam on the subdural and said there were places where it was adherant. Wetli responded that he doesn't know whether Dr. Menna is board certified or not.
Dwimoh asked if symptoms exhibited by Nixmary told by the last person with her would be valuable. Wetli said, "no. I'd have to evaluate that in the light of autopsy findings. It's not valuable in and of itself". Dwimoh said, "the statement of Nixzaliz who was present in the home, is not valuable to you? Wetli said, no.
Defense cousel, Kathleen Mullin did the re-direct.
Mullin asked Wetli, if at the last trial when the government played Cesar's confession tape, if it changed any of his conclusions. Wetli said, no.
Wetli's testimony ends and he leaves.
The judge orders the jury out of the room.
There's a bench conference and Nixzmary's autopsy photos were left lying atop the prosecutor's table. The photo showing a close up of her two black eyes was clearly visible from the audience. A female guard goes and gathers up the photos.
DiMango reissued the orders of protection and Nixzaliz signed them.
The jury was brought back in.
The defense said they rested their case. The prosecution said the people of the state of NY rest their case. DiMango told the jury to come back on Tuesday and they left.
DiMango announced that when she's giving the charge to the jury (instructions on the law before they go to deliberate) that she's not locking her door. She said that she knows that alot of judges do but since the room is always busy she's not going to and would tell the officer to tell everyone to be quiet when they're coming in. I was so glad she wasn't locking the door. At Cesar's trial, Judge Hall announced to everyone in the audience that if they felt they couldn't sit for an hour to an hour an a half, to leave the room. She also said that she's not saying people can't leave, just to be quiet. What ended up happening is the asshole sargent in Judge Hall's room, who looked like a Nazi, was standing guard by the door, preventing anyone from leaving or coming in, despite the fact that Hall said people could.
Mullin requested a stipulation regarding Cesar's boss and for Tuesday morning to put it on the record. (the stipulation would be that Cesar's boss would say exactly what date and time he got fired)
Asst. D.A., Anthea Bruffee, made two requests: that the vulnerable child part of deposition be included in the charge: that it has to do with torture of a child and also to be included is the dury owed by a parent to a child. She said that they drafted a charge during Cesar's trial.
Defense counsel, Sanchez wanted DiMango to mention during the charge about the defendant not testifying, acting in concert, correlation of confession, voluntariness of the statement, and circumstantial evidence.
Mullin said that there's no direct evidence of Nixzaliz causing the gash above Nixzmary's eye. (there's not, it was Cesar who did it)
Bruffee said that the defendant's statement is admissible and photographs and medical records.
Judge DiMango said: I'll hear what specific Miranda(?) you want me to give the jury that charge. DiMango was sucking on something. I could hear her sucking all the from the audience.
She also said something about "not marshall evidence". Not sure what that means.
Mullin said in reference to alternate jurors that she would like them held throught the beginning of deliberations.
DiMango said she'd let the attorneys look at the charge before she gives it.
Then DiMango read the indictment for Murder 2. Sub.4. DiMango said that if the jury comes back with Murder 2, they'd stop deliberating. Then she read Manslaughter 1st. degree, Manslaughter 2nd. degree, and Criminally Negligent Homicide.
Asst D.A., Bruffee, said that there was no evidence that the defendant was merely negligent. DiMango: I'll look at it. Mullin said, "Nixzaliz repeatedly said she was NOT in the bathroom and didn't see the severity of the beating." She was not in the bathroom. Asst.da. Linda Weinman points out that on Nixzaliz's police video statement, she was asked, "did you think you were going to lose her"? and Nixzaliz responded, yes. (she said, "yes, but I had faith")
DiMango said: reckless endangerment goes in. Assault to cause physical injury- bungee cord and rope. Assault: banging the childs head against the floor (Nixzmary fell to the floor, her head was not banged) Unlawful imprisonment in the 4th degree: restrained under circumstances which exposed Nixzmary to a risk of serious physical injury. Possession of a weapon in the 4th degree- the floor. (prosecution wants to charge Nixzaliz with using the floor as a deadly weapon because after Nixzmary had just done something, Nixzaliz got mad at her, punched her in the eye and Nixzmary fell to the floor. Afterwards, Nixzaliz immediately apologized to Nixzmary. This was the only incident that Nixzaliz admits to hitting her daughter) Endangering the welfare of a child.
DiMango said she would tell the jury not to dwell on the photos and to view them objectievely. She recessed for tomorrow at 12 pm. Only her and the lawyers, not the jury. Purpose would be to redact paper work, like the autopsy report, medical records etc. Redact is when you black out, so the jury can't read, any info that doesn't pertain to Nixzmary, or any private info like Social Security numbers etc. Court ended for the day.
Some personal thoughts:
The scientific as well as logical evidence all point to Nixzmary only being dead a few hours and not lying around on the floor for 2 days.
1) If Nixzmary was hit on the head on Jan. 8th. then where'd she get the Jello pudding from? The pudding wasn't even purchased until Jan. 9th so she could not have been hit on Jan. 8th.
2) The Target video shows Cesar wearing white pants on Jan.9th. When he was arrested, he was wearing bloody jeans. (Nixzmary's blood) Why would Cesar hit Nixzmary on the head on Jan.8th then put the same bloody jeans back on on Jan.10th when he was arrested? The only logical conclusion is that she was hit on Jan.10th, the same day he was arrested wearing the jeans with her blood on them.
3) Her ureanitrogen level was normal, meaning she was not dehydrated and had recently eaten in the past 24 hours
4) Her subdural hematoma was only partially adherant, meaning it was recent.
5) All her red blood cells were still intact - meaning bruising was recent and not 2 days old. She hadn't even been dead long enough for her red blood cells to start breaking down.
6) Her cells had that accute inflammatory reaction, meaning it was recent.
7) potassium level was low, meaning death was recent.
8) Minimal bile in her gall bladder, meaning she had recently eaten.
There's a list of other things as well. To me, it really doesn't matter WHEN the blow happened, whether it was 2 days prior or a few hours prior (and the evidence supports a few hours), EITHER WAY, NIXZMARY NEVER SHOULD HAVE BEEN VICIOUSLY ABUSED AND MURDERED AND SHE SHOULD'VE BEEN PROTECTED. WHAT MATTERS IS NOT WHEN SHE DIED BUT HOW SHE LIVED.
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