By: Dovesblood
On September 23rd. 2008, testimony continued in Nixzmary Brown's mother, Nixzaliz Santiago's murder trial. Four witnesses testified: PO Michael Solowitz, who took Nixzaliz from her apt to her 79th precint, PO Frank Gallagher, who identified Nixzmary's body at the morgue, Jeff Pers, the security manager at the Target that the family shopped at on Jan. 9th. 2006 and Asst.D.A. Kelly Casey, who identified all the children in the Target video.
Judge Patricia DiMango was wearing a black vest with a mustard yellow shirt that had frills going down the center of the shirt, under her judge's robe. Nixzaliz was wearing a brown jacket and navy blue jeans. Her hair was in a bun tied with a satiny brown scrunchie.
Defense lawyer, Kathleen M. Mullin argued against admitting the Target video into evidence claiming it wasn't relevent. The video shows the whole family except Nixzmary, shopping at Target on Jan. 9th.,2006. They bought toys for the other children as well as three packs of Jello Pudding. This would be the same Jello Pudding that Nixzmary was accused of taking on the night she died. Asst. D.A.Anthea Bruffee argued that it is relevant because the defense is claiming that Cesar isolated the family and the video shows the family wasn't isolated. Bruffee also argued that circumstantially, the jury can infer that the reason Nixzmary wasn't there was because she was either at home injured, or on the floor dying. Judge DiMango decided to allow the video into evidence but says she'll draft a charge to read to the jury telling them what they should and should't infer from the video.
The lawyers go up to the bench to listen to the charge she just drafted. It'll be read after the jury sees the video.
Next DiMango says that all of the lawyers have agreed to a stipulation (both parties agree without testimony) that should Det. McTighe have testified, he would've stated that he got the Target receipts from off of the kitchen table.
DiMango reads the charge out loud.
First witness called was Police Officer, Michael Solowitz. Asst. D.A. Linda Weinman did the direct exam. Solowitz was white, had gray hair in a crew cut, a beer belly, and a bandaid on his right hand. Solowitz testified that he's been working as a P.O. for 10 years and worked an 11:15- 7:15 shift.
He said after he dropped a sargent off, Nixzaliz, who was at her apartment, was brought out to him. His job was to take her back to the 79th precint. She wasn't handcuffed and spoke Spanish. There was no one else in the car and Solowitz radioed for a Spanish interpretator at the precint.
At the precint, he took her into the muska(?) room which is a big opened out space in front of the desk.
Defense lawyer, Kathleen Mullin, did the cross examination. Mullin pointed out that Nixzaliz was only in the car with him for 35 seconds (precint is around corner from the apt.) and the total amount of time he spent with her was 2 minutes.
P.O. Solowitz also didn't see any stains on her white sweatsuit. (unlike Cesar who had Nixzmary's blood on him)
The second witness was Police Officer, Frank Gallagher, shield #24367. ( he's P.O. Eric Nolan's partner. Nolan was the first cop on the scene) He's white, built big, and has a tattoo on the side of his neck.
He testified that he arrived at the Kings County Medical Examiner's office at 10:45 am and identified Nixzmary's body.
Defense lawyer, Sammy Sanchez, did the cross exam. Gallagher testified that they got the radio call at 4:31 am, they saw Cesar at the front door of the apartment. Gallagher waited downstairs while his partner Nolan went upstairs with Cesar.
Gallegher said the night watch detectives were notified about the case.
He transported Cesar to the station with Sargent Ferrara in the car.
Third witness: Jeff Pers. He was White, had a buzz cut and was fat. He said he's currently employed at Hofstra University as a safety officer. He testified that in January of 2006, he was working as the security manager for the Target store at 139 Flatbush Ave. at the Atlantic Center in Brooklyn N.Y.
He said Det.Sean McTighe requested survellance tapes from Jan. 9th. 2006.
People's evidence 49: two Target receipts shown to Pers. The time on the receits was 7:28 pm. Items purchased: Hispanic language CD's, Hispanic language DVD's, 2 packs of Jello, a smoothie, 2 packs of figs, a Hispanic language magazine, Power Ranger doll, Play Dough, Hot Wheels, Bratz doll, Sprite soda. The managment used the receipts to look up the video and made a copy of the video from the master.
Pers handed people's 50, the video tape.
There's a bench conference and DiMango now reads the charge to the jury regarding the Target video of Cesar and the family shopping there.
The video shows Cesar at the register and the cashier bagging the items. Cesar, Nixzaliz and the kids inside of an elevator. Cesar pushing a baby cart. Other baby with Nixzaliz. Cesar exiting the store then going back inside to get Nixzaliz and the kids.
Lead D.A. Ama Dwimoh, introduced people's 50a: the same video with the speed much slower.
Defense counsel, Mullin does the cross exam. Mullin points out that Jeff Pers can offer the jury NO INFO about the people on the tape except what they bought. Pers states yes but he can offer which direction they went after they left the store.
Mullin asked if the purchases were for children, the Power Rangers. Pers responded not necessarily because they do occasionally get collectors in the store. People in the audience chuckled.
The fourth witness was Asst. D.A., Kelly Casey. She's white, middle aged, long blonde hair, her complexion is pinkish. She testified she's been working for the Crimes Agaist Children's Bureau for years and that she's the deputy bureau chief. They prosecute crimes committed against children under 11 years of age. She's a liason to the Jane Barker Brooklyn Child Advocate Center. It consists of investigators, DA's, Police Officers etc. It's where children are brought to be interviewed regarding cases. Prior to the center, they'd be taken to the police station. She works at the Advocacy Center.
She said that on Jan.11th, she met Nixzmary's 5 siblings: Javier-9, Edward-6, Selena-5, Cesar Augustine- 18 months, Cesar Gabriel-6 months. She said she spent hours with them and met with them numerous times.
Lead D.A., Ama Dwimoh played the Target video and Casey approaches the screen and point out which kid is which by name.
At this point, Cesar's attorney, Jeff Schwartz who was in the courtroom, leaves.
Casey also pointed out Nixzaliz in the courtroom as the woman who was holding one of the babies.
Defense counsel Kathleen Mullin did the cross exam. Mullin says to Casey that "based on THE VIDEO, you can TELL US
NOTHING
ABOUT WHERE NIXZMARY WAS THAT NIGHT"!Mullin says Cesar was wearing white pants in the video (taken Jan 9th)
Mullin then puts up a photo taken of Cesar the night he was arrested. He was wearing blue jeans.
Mullin asked Casey if she saw any stains on Cesar's white pants. No.
(the prosecution is claiming that after Cesar hit Nixzmary on the head, they went out shopping and left her on the floor to die. We know for a fact that WHEN CESAR HIT NIXZMARY, HE WAS WEARING JEANS BECAUSE HER BLOOD WAS ON THEM. THE TARGET VIDEO SHOWS HIM WEARING WHITE PANTS. THIS MEANS THAT CESAR DID NOT HIT NIXZMARY----BEFORE----THEY WENT TO TARGET BECAUSE IF HE DID, HE'D WOULD'VE BEEN WEARING THE SAME BLOODY JEANS TO TARGET THAT HE WAS ARRESTED IN.YOU COULD SAY, MAYBE HE HIT HER, THEN CHANGED THE BLOODY JEANS AND PUT ON WHITE PANTS TO GO TO TARGET ON JAN 9th. BUT THAT DOESN'T MAKE SENSE BECAUSE WHEN HE GOT BACK HOME, WHY WOULD HE CHANGE HIS WHITE PANTS AND PUT BACK ON THE BLOODY JEANS??? (REMEMBER HE WAS ARRESTED IN BLOODY JEANS) THE ONLY LOGICAL CONCLUSION IS THAT SHE WAS HIT ----AFTER---- THE TARGET TRIP, AFTER HE'D CHANGED OUT OF THE WHITE PANTS AND WAS WEARING JEANS.
The DA's ORIGINAL theory on the case was that AFTER Cesar bought the pudding from Target, Nixzmary took it and was hit. This is also what Nixzaliz, herself , says in the video statement, that the pudding was bought from Target, then AFTERWARDS, Nixzmary took it.It was only a week into Cesar's trial when the Medical Examiner, Dr. Barbara Sampson, testified, that SHE CONTRADICTED THE DA's OWN THEORY ABOUT WHEN NIXZMARY WAS HIT. Sampson claimed Nixzmary was hit on the head on Jan. 8th., a full day before her family went to Target on Jan 9th. The D.A., Ama Dwimoh, was now left with a dilemma because what she had previously stated for the past 2 years, her own Medical Examiner was contradicting! It was then that the D.A.'s office came up with the story -a week into Cesar's trial- that the Target trip happened after Nixzmary was hit and she was on the floor dying.
I elaborated on the white pants because alot of people might not be able to figure out WHY Mullin asked Casey about the pants. They'll think, "ok, well what does that have to do with anything?" That's why I spelled it out.)
Getting back to the testimony, Mullin kept addressing Kelly Casey as "prosecutor" over and over again so the jury knows it's a prosecutor who's on the stand.
Then Mullin pointed out that the lead D.A., Ama Dwimoh, is Casey's boss and Asst D.A., Linda Weinman, is her collegue.
Mullin got Casey to admit that she met with her boss, the D.A., Ama Dwimoh, before her testimony today to discuss it. Mullin asked her if she has an outcome in the dispositon of this case and asked her if she wants to make a good impression on her boss, Ama Dwimoh. She asked her if Dwimoh's opinion of her is important to her and if she values her reputation.
Mullin points out that in the video, after Cesar exits the store and goes back in because Nixzaliz and the kids haven't come out yet, that when they do come out, all of the kids are hooded up and zipped and properly clothed to leave the store. (she's implying by pointing this out that Nixzaliz was being a good mother by making sure her kids were bundled up before they went out into the cold)
Mullin also pointed out to the jury that when Nixzaliz was giving her videotaped statement to the police, that Kelly Casey, was one of the people who were present in the police room along with Linda Weinman.
Mullin then holds up a photo of Nixzaliz taken after she was arrested dressed in white and asked Casey if she saw any blood stains on her. Casey answered, no.
D.A., Ama Dwimoh, did the redirect. Dwimoh asked her who in the Crimes Against Children's Bureau spent the most time with the kids? Casey answerd herself, Dwimoh and Linda Weinman.
Casey watched the tape again with the kids, acknowledged the kids were dressed differently from when they were inside to when they were outside.
She was shown a photo of Cesar Rodriguez and identified it.
Judge DiMango released the jury for the day at 12 pm.
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