Thursday, March 12, 2009

Nixzmary Mom Trial, Day 20: Verdict Day!





By: Dovesblood

Friday, October 17th. 2008, was the third day of jury deliberations in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago.

The defense's appellate lawyer, Beverly Van Ness, was wearing a burnt orange jacket and gray pants. The defense lawyer, Sammy Sanchez was wearing a gray suit. Defense lawyer, Kathleen M. Mullin was wearing a brown skirt suit with a red top inside. Judge Patricia DiMango was wearing a royal blue dress with spaghetti straps.

The people in the room were just sitting around talking, waiting for the jury to come back with a verdict.

At about 11:00 am, Nixzmary's grandmother, Maria Gonzalez, walked into the courtroom alone, wearing her trademark black leather jacket, white shirt and black pants. Her hair was in a ponytail tied with a brown scarf with a white horizontal design. Gonzalez was sitting in the second row talking to the defense's appellate lawyer, Beverly Van Ness.

Some of the reporters in the first row, center section, were reading the newspaper. Judge DiMango, sitting on the bench asked them, "are you all reading each other's articles"? They replied no, and that they were talking about Joe the Plumber. The reporter from the NY Post said he (Joe) owes back taxes. DiMango walked over to the front row and started talking to the reporters. There was the 1010 Wins reporter, Juliette Papa, court media liason, Jonah Bruno, the sketch artist, Irene Cornell, and Andrea Grymes, the reporter from News 12. The judge mentioned to them that she had to go to an Italian American affair later on that day. She also said she was thinking about having everyone in the room stand up and identify themselves. I was flabbergasted when she said that. Thankfully, she said she was only thinking about it and wasn't going to do it.

The judge came over to see what the sketch artist, Christine Cornell was drawing. Everyone always compliments Cornell on her drawings. The judge has come over on more than one occassion to see how she was being drawn. She's not the only one that comes over. Defense lawyer, Kathleen Mullin, has also come over a number of times to see how Cornell and the sketch artist from the Daily News, Jane Rosenberg were drawing her. I think the reason for them always coming over to see how they're being drawn is that during Cesar's trial, one of the sketch artists, Marilyn Church, practically butchered Judge Hall in her drawings. To say that Hall was drawn badly would be an understatement. I guess when everyone saw how Hall was drawn, they were determined to let the sketch artists know, "I'm watching you, so draw me good"!

Defense lawyer, Kathleen Mullin, then came over to chat with Cornell in the first row. I heard her tell Cornell, "My brother is a police officer. You should see what Thanksgiving is like at my house"! What I wouldn't give to be a fly on the wall in that house. If he's a cop, he's probably going on about all the scumbag lawyers that get all of the criminals out of jail, and his own sister is one of them! ( I'm not saying Mullin is a scumbag lawyer, she's actually a very good attorney. I was just speaking generally) Anyway, she's got a mouth on her so I'm sure she's probably lecturing him about the constitution and fairness and about how everyone has rights. I'm guessing there's alot of face making, eye rolling and shouting and screaming in that house. It would be fun to watch.

After Mullin walked back to the defense table, the sargent in the room told everyone that court is locking up in 15 minutes for lunch.

Out in the hallway, there were about 10 television cameras that were mounted atop tripods. They sort of looked like aliens. The camera lenses looked like gigantic alien eyes and the tripods that the lenses were mounted atop looked like alien legs.

So court was recessed for lunch. Usually everyday for lunch, I'd have my drink of choice - hot chocolate. That and a small bag of Cheez Its would be my lunch everyday.

At 2:00 pm. they let everyone back into the courtroom.

One of the spectators, Sabrina, was telling the El Diario reporter, Candida, about her own story of abuse. She was showing the reporter newspaper articles about her story that she pulled out from her pocketbook and she also mentioned she would be going on the nationally televised, Steve Wilkos show. (Steve Wilkos use to be Jerry Springer's bodyguard who would break the people up when they start fighting on Springer's show) She previously attended Cesar's trial while carrying a copy of the book she wrote. At Cesar's trial the N.Y. Daily News did an article on her called, An Echo of Suffering Nixzmary Endured. This time around at Nixzaliz's trial, the Daily News didn't do an article on her.

People were just chatting with one another waiting for the jury to come back with a verdict. I was reading a book and doing some other stuff.

At 3:20 pm, Nixzaliz was brought out. She was wearing a brown shirt and stone colored pants. The three prosecutors entered the room. Lead D.A., Ama Dwimoh (ja-mo) was wearing a black dress and a white jacket with a gray tic-tac-toe design on it. Asst. D.A., Linda Weinman, was wearing a red skirt suit. The prosecution's appellate lawyer, Anthea Bruffee, was wearing an olive green skirt suit.

The defense's appellate lawyer, Beverly Van Ness, was sitting in the 3rd. row on the right hand side of the room. (the defense's side) She was talking to an older Hispanic female in her late 50's and a young Hispanic male. Someone told me they were the defense lawyer, Sammy Sanchez's, wife and son. I've seen them in the courtroom before and always wondered who they were.

The time was now 3:44 pm. Judge DiMango announced that there was a note from the jury. The jury wanted the definitions of the law and the elements needed to convict on Murder 2 and Manslaughter 1. When I heard that I knew Nixzaliz's chances of getting convicted on the lesser count of criminally negligent homicide were next to nothing now. They were debating the top homicide charges.

Judge DiMango read the definitions to the jury and afterwards, they left.

About 15 - 20 minutes later, the judge announced, "they have a verdict".

When DiMango said that, my stomach dropped. I felt like the air was knocked out of me. Like the blood was being drained from my body and I was sitting there like an empty shell of a human being. After all of these months, from the very first pretrial hearing on March 26th 2008 up until right now, it was finally coming to an end. Nixzmary died 3 years ago. After 3 long years, it was finally coming to an end, right this very minute! I've been here from that first hearing for Nixzaliz in March up until today. I've been here for every hearing, a witness to the testimony of Nixzmary Brown's torture death.

DiMango told the reporters that after the verdict was read for everyone to wait for her to leave the room before they leave. She also said she'd now give them time to notify their people. (The camera crews and to call the story in etc.) The reporters literally ran out of the room.

Then all of a sudden people started pouring into the room that weren't previously there. The reporters came rushing back in with their notebooks and pens.

THERE WAS ELECTRICITY IN THE AIR. YOU COULD FEEL IT.

My stomach was in knots. I was barely able to breathe. A Spanish interpretator who works in the building but isn't assigned to this case came in. She was sitting next to me. "Oh my God! Oh my God"! she said. She was visibly nervous and shaking.

I looked over to Maria Gonzalez, Nixzaliz's mother. She was sitting on the defense side of the room and looked noticeably apprehensive.

Then about 8 sargents and a ton of guards started pouring into the room. Every time there's a high profile case and the verdict comes back, the presence of the sargents and guards increases. They positioned themselves all over the room and even down the aisle, in case any trouble breaks out.

Judge DiMango addressed Nixzaliz directly saying, "Ms. Santiago, I don't expect any response from you or your family"! (in reaction to the verdict) The Spanish translator sat to Nixzaliz's right. Nixzaliz had her left hand resting upon her cheek for most of the time.

When the jury came in the judge asked the foreperson, juror number 1, Enel Etienne, if they had reached a verdict. He responded, yes.

The court clerk, an older white female, 50ish with gray hair named Peggy, stood directly in front of the jury. She read to them each of the counts, one by one and asked the foreperson what their verdict was.

Count 1: MURDER 2nd degree: time stopped in that room, waiting for this answer. He answered, "not guilty"!-- Shock!

Count 2: MANSLAUGHTER 1st. degree - guilty!

Count 3: MANSLAUGHTER in 2nd degree - not guilty!

Count 4: CRIMINALLY NEGLIGENT HOMICIDE - not guilty!

Count 5: ASSAULT 2nd degree (for the bungee cord and the twine) - guilty!

Count 6: ASSAULT 2nd degree (gash over the eye) - guilty!

Count 7: UNLAWFUL IMPRISONMENT - guilty!

Count 8: ENDANGERING THE WELFARE OF A CHILD - guilty!

"THOSE DAMN WOMEN"!!!!!!!!

said defense lawyer, Kathleen Mullin, under her breath, referencing the predominantly female jury. (someone sitting near her, later told me she heard Mullin say that)

Nixzaliz, for the most part, sat stone faced.

And with that, it was all over. 3 years of preparing for this day, 3 years of mourning for a murdered child. Nixzaliz Santiago had escaped the murder charge and was convicted of the same charge as her husband, Cesar Rodriguez, Manslaughter 1st. degree.

The judge told the jury that she's now releasing them and said to them that, if they want, they can close this chapter of their lives and put this experience behind them. When DiMango said that, I shook my head , NO!!! They don't get to fade off into obscurity!!! She also said that they're not required to talk to the media but can if they choose to. I'd be waiting to see which ones were publicity hungry. The dumb ass jury then left the room.

Nixzaliz was taken out of the room.

DiMango swiftly left the room.

After DiMango left, the reporters got up all at once and started rushing out of the room like a sea of humanity.

I sat there for a little bit trying to take it all in - what just happened.

There was a press conference out in the hallway a couple of minutes later. While the reporters were waiting for the prosecution to come out, one of the spectators in the room, Sabrina, the woman who wrote a book about her own story of abuse and was pulling out newspaper articles about herself and showing it to reporters during the trial, was also out in the hallway. She was talking to a reporter, showing him the newspaper article about herself, mentioning her upcoming tv appearance, talking about her book. I was mortified! She was taking the spotlight away from Nixzmary, where it belongs, and using it to promote her own self! The stupid reporter was actually indulging her! She wasn't the only one though.

Also out in the halls was a spectator named, Jamila. She's a black woman with long blonde hair, who lives in Nixzmary's neighborhood. She has previously stated to reporters in the room, in particular, Pablo Guzman, the channel 2 reporter, that she's a past victim of abuse. After Nixzmary died, Jamila, made a DVD documenting the candle light vigils outside of Nixzmary's apartment and the DVD also has interviews of the people that attended the vigils. I heard her say once she was planning on writing a book about Nixzmary. She would often take notes in the courtroom. I also heard her say that she had started a foundation in Nixzmary's name and it fell apart because people wanted to use it as a way to make money. Anyway, out in the hallway, Jamila stopped the El Diario reporter, Candida Portuguese, to talk about her abuse story and to give Candida her contact information!! The reporter told her, "there's a time and place for everything". After that, Jamila backed off.

Here, the reporters are waiting for the prosecution to come out and give a statement, and these two women are trying to stop them from preparing and trying to hock their own stories!!! I couldn't believe that people would come to high profile trials just to try and get famous!

When the prosecution did come out, I was standing to the right of them about 10-15 feet away, outside of the camera's view. The lead D.A., Ama Dwimoh, started off saying, "the journey for justice for Nixzmary Brown is over". When Dwimoh said that I shook my head back and forth. NO!!! NO, it's not over! Not when you have those shit bag ACS workers, Joyceline St. Hill, Andrew Bartley and Orlene Cummings, suing to get their jobs back!!!!!! (I'm not sure but I think Cummings might still be working for ACS right now) Dwimoh, despite having technically lost the case again, said, "Today is a good day for children". She said that the jury's verdict sends a message to parents, in that, "Parents have a duty. It's not just what you do, it's what you don't do". Dwimoh also said something else that stuck with me because of how true it was. She said, "Nixzmary Brown didn't come in first, she didn't come in second. She didn't even come in last. She just didn't matter. She just didn't matter to Cesar Rodriguez and Nixzaliz Santiago".

The defense team never came out in the halls to do any interviews.

Nixzaliz's mother, Maria Gonzalez and her spokesperson, Awilda Cordero, went into a witness room in the hallway. That's a small room with some glass on the door that's reserved for witnesses testifying. After all the mainstream reporters left to go outside, the Spanish television reporters from Telemundo, Univision and El Diario were still up on the 2nd floor waiting for Maria Gonzalez and Awilda Cordero to come out of the room they were in. When they finally came out, Gonzalez never spoke to the press but Cordero did interviews in Spanish.

When I went outside, guess who was out there? Sabrina and Jamila. Sabrina was standing in front of the courthouse holding up a gigantic white poster board that folds in three halves. There was a picture of a mother gorilla mourning it's dead child and the words, "why can't humans be like this"? were on the poster board. The press were taking photograhs of her just standing there holding up the board. Standing next to her was Jamila. She was holding up the DVD she made of Nixzmary while the media was photographing her.


People that were walking past the courthouse stopped to look at the poster of the gorilla.

The reporters were trying to chase down the jury outside to get interviews.

Some of the reporters were just standing outside. Some were standing in front of their news trucks getting ready to tape the story.

One of the reporters from the NY Post was video taping the front of the courthouse for a video piece he was doing. (it later ended up on Youtube)

I was standing in front of the courthouse observing all of this. Shortly thereafter, I started walking towards the subway to go home. I knew the story would be all over the news when I got home.

THE END

Some personal thoughts.

I posted in a blog in a newspaper after Cesar's verdict earlier on this year, that after the autopsy, Nixzmary's brain was thrown into the garbage and later burned up. I recently found out that it was NOT. I was confusing what happens at hospitals with what goes on at the Chief Medical Examiner's office. I was told the procedure is different. I was informed that the brain is either given back to the family for burial or is kept at the office of the Chief Medical Examiner. Since I'm not aware of a second burial, Nixzmary's brain is most likely still at the office of the Chief Medical Examiner in New York City.

WHEN CESAR RODRIGUEZ KILLED NIXZMARY BROWN THAT NIGHT, HE DIDN'T JUST KILL HER. HE KILLED ALL OF HER DESCENDANTS. An entire line of Pakistani / Puerto Ricans that would have descended from her. He killed her future children because they'll never be born. He killed her grandchildren, he killed her great-grandchildren and all of the family that would've descended from her. He wiped out a whole race of people. HE COMMITTED A MASS MURDER THAT NIGHT!

Sometimes I wonder if Nixzmary's cells that are still at the Medical Examiner's office could be cloned. I know human cloning is against the law in the United States but you could go over seas to have it done. Animals have already been cloned successfully. I know that the cloned version wouldn't be Nixzmary, but it would be her flesh and blood though. At least she could have descendants and her line wouldn't be wiped out. Realistically, Maria Gonzalez, the grandmother, would never go for it. You know why? Because it would mean more people that she'd have to share that 250 million dollar prize with. Why share it with Nixzmary's descendants? That's a smaller cut of the pie for her and her Spanish side of the family. They'll be living large off of Nixzmary's money though and to them, to hell with Nixzmary's descendants. I think somebody with money needs to make this happen, cloning, and not deprive Nixzmary of desendants.

In reference to the D.A., Ama Dwimoh, saying that the journey for justice for Nixzmary Brown is over, like I said, this is NOT over. Not when you have those shit bag ACS workers, Joyceline St. Hill, Andrew Bartley and Orlene Cummings suing to get their jobs back! St.Hill and Bartley were definately fired and are in the process of suing. Orlene Cummings might still be working for ACS. I'm not sure.

Other people on the shit list include: Dr. Michael Abbey-Mensa, the ER doctor at Woodhull Hospital. A month before Nixzmary died, he saw her emaciated and with a gash over her eye and the dummy never thought to contact child welfare authorities!

Then there's the ACS scumbag lawyer, Gary Maitland Esq., of the lawfirm, Kreisberg and Maitland LLP, who's helping the ACS workers to get their jobs back so that way they can keep being incompetant and more kids can die! Gary Maitland also represented the ACS workers involved in the death of Elisa Izquierdo, 13 years ago. This guy, Maitland has got his hand in so many children's deaths that it's disgusting!!! This fat cat lawyer is still walking around, practicing law in New York City, while Nixzmary and Elisa were both dumped into holes in the ground with insects eating away at their little bodies. 13 years having past doesn't mean anything! ELISA IS NOT FORGOTTEN ABOUT!

For those of you who don't know who Elisa Izquierdo is, here's her story:



Elisa was a beautiful 6 year old girl who was murdered by her mother in 1995. Here's her story: Elisa was born with her mother's cocaine in her veins. Custody was immediately given to her father, Gustavo Izquierdo. Izquierdo worked as an employee in a homeless shelter. Gustavo loved Elisa and took good care of her. He took parenting classes and every morning before school, he'd get up and put her beautiful hair into pigtails and braids and buns. The two went on outings to the circus, the movies the park. He had tons of pictures of Elisa in his wallet. When Elisa turned 4, Gustavo rented a banquet hall, complete with chandeliers, to celebrate her baptism into the Catholic Church. Her father also enrolled her in a pre-school that the Prince of Greece was associated with. An aide to the Prince had established a connection with the school. Elisa was learning to dance and impressed Prince Michael so much, that he offered to pay for her entire private school education, all the way up to college.

Then Elisa's mother, Awilda Lopez, regained custody of Elisa. She had convinced the courts that she was off of drugs and had gotten re-married. Awilda would take all of the kids out in the middle of the night looking for crack. She once tried to sell one of the kid's tricycle for crack! Awilda would keep Elisa locked up in her room all day. Elisa was forced to use a pot for a toilet. She was also being starved. Awilda wouldn't let Elisa eat, watch television or play with her brothers and sisters. She became convinced that Elisa was possessed by demons. Once on a family trip to Coney Island in Brooklyn, Awilda's husband, Carlos Lopez, threw Elisa into the ocean, three times, to try and rid her of demons. (though Carlos Lopez confessed to this in a police statement, he was never charged in Brooklyn for this crime!!!) Awilda cut off all of Elisa's beautiful hair. She put ammonia into Elisa's mouth. Awilda violated her with a toothbrush. She tied her up and violated her with a hairbrush into the rectum, claiming she was trying to get snakes out of Elisa's stomach. She would turn the music up so the neighbors wouldn't hear her daughter screaming. Awilda forced Elisa to eat her own feces. She would hold her upside down and mop the floor with the little girl's head. Elisa's screams would often be heard coming from the apartment late at night. "Mommy, mommy, please stop! No more! no more! I'm sorry"!

Elisa's father, came up with a plan to keep her safe from Awilda. He was planning on sending her away to Cuba. Gustavo Izquierdo died of cancer, ON THE DAY, he was planning on putting Elisa on the plane. The tickets were already purchased. With the death of Gustavo Izquierdo, Elisa's fate was sealed.

Gustavo's cousin, Esta Canizares, applied for custody of Elisa, but Brooklyn Family Court Judge, Phoebe Greenbaum, refused to grant Canizares custody. She awarded Awilda custody despite being told by Elisa's teachers that Elisa was being abused by her mother. Even Prince Michael of Greece sent a letter to the judge asking her not to give Elisa to Awilda. Greenbaum just wouldn't listen. (After Elisa died, Greenbaum would later say, from her home in Belle Harbor in the Rockaways (Queens County, New York) that Elisa's death wasn't her fault)

Awilda Lopez murdered Elisa Izquierdo on November 22nd. 1995 by bashing little Elisa's head into a concrete wall. She was only 6 years old. Awilda waited two days before she went downstairs to tell a neighbor she thought Elisa was dead. She stayed up in the apartment drinking, hoping Elisa would come back to life. When the neighbor was going to call the police, Awilda tried to throw herself off of the roof of her building. The neighbor grabbed her leg, saving her.

When rescue workers found Elisa's battered and emaciated body in her bed, she had deep red blotches pocking (indenting) her entire body. It was the stone from someone's ring. On her right hand side near her kidneys were enormous bruises. There was more bruising on her face and around her temples. Ghastly wounds around her genitals. The bone of her right hand pinky was jutting through the skin. Her tongue was hanging from her mouth. The Assistant District Attorney, Donna Henken, who prosecuted Carlos Lopez for assaulting Elisa on Halloween, said, "Elisa languished unconscious in the apartment until the next day with brain fluid leaking from an ear."

It was the day before Thanksgiving. The Thanksgiving Eve Massacre.

The sort of evil that was inflicted upon Elisa Izquierdo is not even earthly evil. This sort of evil is evil that comes from another dimension.

The caseworker on her case, Adriano Navalo was fired but his supervisor, Thomas Gorse, was allowed to retire early WITH A FULL PENSION because the case against him wasn't strong enough! His pension is a minimum of 62% of his $38,171 salary, plus overtime! Here's what that translates to: Elisa Izquierdo's blood money! Both Adriano Navalo and Thomas Gorse were linked to four other children who didn't die but suffered ongoing abuse due to their incompetance. I'm sure Gary Maitland is very proud of himself for getting Thomas Gorse off the hook. These are the sort of people that ACS attorneys like Gary Maitland want to keep in buisness. So more tradgedies like this can happen.

After Elisa's death, a law was enacted in New York State called "Elisa's Law" in honor of Elisa Izquierdo.

Awilda Lopez is up for parole next year in 2010! Personally, I'd like to see this bitch rot in jail for the rest of her life!

Personally, I'd like to see Carlos Lopez prosecuted in Brooklyn for his crime against Elisa there. He CONFESSED in a police statement taken Nov. 22nd. 1995, while he was in jail, that on a family trip to Coney Island, the year before, in Brooklyn, that he threw Elisa into the ocean three times to rid her of demons. He confessed this to Det. James Turnbull. Carlos Lopez was never charged with Elisa's murder because he was in jail on a parole violation when Awilda killed Elisa. Carlos, who would also abuse Elisa, was present in the home when Awilda was inflicting all of the torture on Elisa and did nothing. Carlos was only charged with assaulting Elisa on Halloween (he bashed her head into a concrete wall) and was sentenced to 3 years in prison. That's it! I don't care if the ocean incident happened 15 years ago. Unless there's some sort of statute of limitations on child abuse, Lopez shoud be prosecuted. You know why? Because ELISA IZQUIERDO MATTERS!!! Prosecuting him would send a message that you can't just come into Brooklyn on vacation, commit a crime on a child, leave, and think you're going to get away with it. That no matter how many years pass, you'll eventually pay for it.

Please visit Elisa's memorial Myspace page. I created it for her, myself.


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