Nixzmary's Law states that the maximum penalty in New York State for anyone convicted of murdering a child in a cruel or wanton manner could be a sentence of life in prison without the possibility of parole.
At Nixzaliz Santiago's trial, Awilda Cordero, Nixzmary Brown's grandmother's spokesperson, who runs a victim's rights organization in the Bronx, N.Y. called, Emergency Rights had stated to a spectator that there would be a nation wide law in Nixzmary's name but that it takes time. I don't know how true that is, but that's what she said.
Since we’re on the subject of laws, I’m sure you’ve seen various online petitions to enact tougher child abuse laws. These online petitions are basically useless. People that are in positions of authority to make changes know that there are computer programs that can be used to generate thousands of different signatures all with different e-mail addresses and phone numbers. For this reason they accord internet petitions a little more respect than they'd give a blank sheet of paper. This can be verified at www.snopes.com Snopes.com is a website that is widely used to check the authenticity of various subjects.
My own personal feelings in regards to Nixzmary's Law are that:
Any law named after Nixzmary Brown should have something to do with preventing her death. That had whatever law currently proposed, been in existance when she was alive, it could've potentially saved her life
Sentencing laws don't really prevent deaths. They just deal with punishment after the murderer has already killed the child. These laws are so generalized that theoreticlly, any dead child's name could be slapped onto it.
Lets look at some ways that Nixzmary's life could have potentially been saved and potential laws in her name as a result of them:
1. Prosecuting military members who commit crimes against children and labeling them sexual predators. If the military had prosecuted Cesar for child pornography and labeled him a sexual predator instead of just discharging him, Nixzmary's life could've been saved because he never would've been able to live in a household with young children and maybe ACS would've been more vigilant if they knew a sexual predator was in the house.
2. Mandating ACS to get a search warrant to enter the home and inspect the child if the said child hasn't been produced within a specific time period. In other words if the child hasn't been seen by an ACS worker in say, 2 weeks, ACS would be legally mandated to get a search warrant. The decision about when to get a warrant would not be left up to a supervisor. Failure to get said warrant would result in criminal prosecution: Endangering The Welfare Of A Child. In Nixzmary's case she was missing from school for close to a month and the ACS Supervisor still would not apply for a search warrant!
3. Holding ACS workers criminally accountable if a child dies under their watch due to their incompetance. If the case workers in Nixzmary's case knew they'd be held criminally responsible, they would've been more likely to do their jobs and not put things off due to laziness. CPS workers in other states are alread being held criminally responsible. On the day that Nixzmary was murdered, the ACS worker was ordered to visit her home. The worker decided to put it off until the next day! When she arrived the following morning, she was greeted by police cars & the Crime Scene Unit & was told Nixzmary was murdered the day before - the very day she was ordered to visit!
4. Creating domestic violence laws for children banning the use of any corporeal punishment in the home. This applies directly to Nixzmary's situation because she was being beaten everyday. All to often neighbors hear children screaming from being beaten but they don't call the police because it's not illegal to commit violence on your own child. With a domestic violence law like this,
a) it protects the children from physical violence (this is a basic human right)
b) it encourages neighbors to call the police when children are in the homes of violent parents.
Here's an elaboration on the 4 ways her life could've been saved:
1.If the Army had prosecuted Cesar & labeled him a sexual predator instead of discharging him back into society, Nixzmary's life could've been saved as a result of his being prosecuted and labeled a predator.
We know that Nixzmary's stepfather, Cesar Rodriguez, was discharged from the Army, in lieu of court martial, for sending a minor pornographic pictures of himself masturbating. If the Army had prosecuted Cesar and labeled him a child predator rather than just discharging him, then maybe he would not have been allowed to live in the Santiago household where small children were and thus he would have been kept away from Nixzmary. Maybe if ACS knew that there was a child predator living in the house with Nixzmary, they would've been more vigilant.
It would seem that a law could be put into place stating that any soldier who commits an act of violence or sexual lewdness against a child should be prosecuted and labeled a sexual predator and not simply given the option of a discharge! I'm wondering if in addition to suing New York City for Nixzmary Brown's death, if Maria Gonzalez, Nixzmary's grandmother, could potentially sue the United States Armed Forces for wrongful death against Nixzmary since it was their incompetant decision that led to a child molester being released into society and allowed to legally live in the Santiago household?
2.If ACS had been legally mandated to get a search warrant - within a specific time period - to inspect Nixzmary instead of a Supervisor making a decision about how much time has to pass before a warrant is applied for, Nixzmary would still be alive. ACS could've gone in with the warrant, found her bruised and emaciated and removed her from that hell hole.
We know that on December 30th. 2005 Nixzmary hadn't shown up to school in almost a month. Rather than get a search warrant to enter the home and inspect Nixzmary, Supervisor, (or shall I say, Stupid-visor) Andrew Bartley, decided to wait another week to see if she showed up rather than get the warrant! Never mind the fact that this was a child with a history of long term absences, suspected domestic violence in the home, shown up to school on prior occassions with cuts and bruises. This Einstein wanted to wait another week to see if she showed up! As if a month isn't long enough! Oh, by the way, the week passed and Andrew Bartley still never got the search warrant. Nixzmary would be murdered on January 11th 2006. If he had stuck to his original plan and gotten it a week later, she'd still be alive!
If Bartley hadn't had the discretion to wait for whatever time period he deemed appropriate, and was somehow mandated to get a warrant within a set period of time, then maybe ACS could've gone in with the warrant, seen Nixzmary emaciated and bruised and taken her out of that hell hole, saving her life? Oh by the way, after Nixzmary's death, Bartley was fired and this piece of shit is currently suing ACS for his job back!
It might therefore seem that a law could be put into place mandating ACS to get a search warrant if a child isn't phyically produced within a set time period. If such a law were in place when Nixzmary was alive, ACS would've been legally forced to get a warrant, see her bruised and save her life.
3.If ACS workers were held criminally accountable for the death of any child who dies under their care, due to their incompetance, Nixzmary's caseworkers would not have been so lazy to get up off their butts and actually do something if they knew they were going to jail if anything happened to her.
Another factor in the prevention of Nixzmary Brown's death is the laziness and incompetance of the ACS workers involved. If they had just done their job instead of being a bunch of lazy bitches, Nixzmary would still be alive! New York State has no law holding ACS workers criminally accountable if a child dies while under their supervision. Other states have such laws holding CPS workers accountable criminally, but not New York. Here are some examples of the laziness and incompetance of the ACS workers assigned to Nixzmary's case:
Nixzmary's primary case worker, Joyceline St. Hill received numerous phone messages on her answering machine from school social worker, Margarita Cotto, in December of 2005, saying Nixzmary had not shown up to school and Cotto was concerned. St.Hill never returned the phone calls and at trial would later claim she only received one call! Joyceline St. Hill would accept all of Cesar's explanations about the family not being at home and therefore she never saw Nixzmary towards the end. On January 10th. 2006 Joyceline St. Hill was ordered to make an after hours visit to Nixzmary's apartment. Rather than go there, St. Hill decided that she was going to put it off until the next day! When she arrived there the following morning she was greeted by police cars and the crime scene unit and was told that Nixzmary was murdered the day before - the very day she was suppose to visit!
Maybe if there were laws holding ACS workers criminally accountable, it might've lighted a fire under Joyceline St.Hill's ass to go and make that visit and not put it off until the next day! Maybe if she knew she would be going to jail if anything happened to Nixzmary, she wouldn't have been so lazy and costed a beautiful little girl her life. Oh, did I mention that this pig is also suing ACS for her job back! Talk about nerve!!! Because of this slob, Nixzmary Brown is dead and this good for nothing wants to keep raking in the bucks at the expense of vulnerable children!!! Like, Hell!!!
Here's another example of sheer incompetance on the part of an ACS "supervisor". In Decemeber 2005 when Nixzmary hadn't shown up to school in almost a month and Supervisor, Andrew Bartley, wanted to wait another week to see if she showed up, another Supervisor, Orlene Cummings, was even less concerned than Bartley! Supervisor, Orlene Cummings, told Nixzmary's case worker, Joyceline St. Hill, that if Nixzmary returned to school to send a note home with her to her parents! A note! A godd*mned, motherf*cking note!!! Well, you know what??? Nixzmary never returned to school. You know why?
BECAUSE SHE WAS MURDERED!!!
I'd like to take that note and shove it up Orlene Cummings' stinking ass. At Nixzaliz's trial, Orlene Cummings, a middle aged, dark skinned, black female who wore her hair in a ponytail and spoke with a Caucasian accent, would remark about everyone being suspended for incompetance, saying, "that's the al-leh-gay-shuns". Honestly, I wanted to get up from my seat and kill her!!!
Maybe if Orlene Cummings knew that she'd be held criminally accountable if anything happened to Nixzmary, that would've lighted a fire under her ass and she would've ordered St.Hill to do alot more than just "send a note home with her to her parents"!
Here's another little jewel that I found out about, "Orlene Cummings". It has come to my attention that an, "Orlene Cummings" retired from ACS in January of 2009! I haven't confirmed that this is the same Orlene Cummings but how many women named Orlene Cummings work for ACS? Anyway, if she retired then that means that the b*tch is getting a tax-payer funded PENSION!!! This cockroach of a woman should've been fired along with the rest of them back in 2006, not allowed to keep working at ACS putting vulnerable children's lives at risk due to her incompetance! Now to add insult to injury, this cockroach is collecting money from a pension payed for by all hard working New Yorkers!!! I sure as $hit don't want my tax dollars going to Orlene Cummings!!! Her pension is Nixzmary Brown's blood money!
4.If there were domestic violence laws banning parents from hitting their children (the same way men are banned from hitting women) Cesar would have been arrested before he even had a chance to kill Nixzmary. Also neighbors frequently don't call the police when they hear children screaming from being whipped because it's not against the law to commit violence upon your own child. If there were laws banning corporeal punishment, neighbors would call police more frequently upon hearing children crying, saving their lives in the process.
Another law that could be enacted in Nixzmary's name is a domestic violence law for children banning parents from spanking a.k.a committing violence on their own child. This pertains directly to Nixzmary's situation since she was beaten on a daily basis, both with Cesar's fists pounding against her and whipped daily with a black leather belt. Were there domestic violence laws protecting children, Cesar would've been arrested before he even got a chance to kill Nixzmary.
There should be domestic violence laws banning parents from hitting children the same way there are domestic violence laws that ban men from hitting their wives. If you so much as smack a woman on the face - you're going to jail, but yet it's ok to smack a vulnerable child who can't hit back?!? If I'm not mistaken, I think there was a time in this country where it was legal for men to beat their own wives! Now, women have domestic violence laws to protect them against violence from their husbands. Those same laws need to be applied to children, so they in turn, can be protected against violence (hitting, spanking) from their parents.
Violence is violence whether you want to call it "spanking", "corporeal punishment" or any other name you can come up with. Taking your hand, or worst a belt, and striking a child with it is violence whether you like it or not! No violence against children is acceptable! Saying that you don't believe in violence against children, but then at the same time, going home and raising your hand to your child is just plain hypocritical. I despise hypocrites.
If you were to hit an unconsenting adult on their buttocks, you'd be arrested for sexual battery
So you're not allowed to sexually batter an unconsenting adult but yet it's perfectly legal to sexually batter your own child??? If you're child misbehaves would you rape them? No. Of course not. So if you wouldn't rape them then why would you sexually batter them???
Hitting or spanking a.k.a assaulting your own child, should be illegal and whoever does it should go to jail. I don't care if your whole culture does it. If your whole culture commits violence on their own children, then your whole culture belongs in jail!
Children should have the same protections under the law that adults have. I'm not a lawyer but here's what I think could be the basis for a domestic violence law
1. EQUAL PROTECTION Allowing parents to commit violence upon their children violates the "Equal Protection" clause of the constitution. Children are not being afforded the same equal protections against physical violence that adults have.
2. THERE'S ALREADY A PRECEDENT IN NEW YORK STATE CALLING IT A CRIME FOR A PARENT TO HIT THEIR CHILD WITH A BELT. Here's the case: The People of the State of New York vs. Cesar Rodriguez. Rodriguez was convicted of possession of a deadly weapon because he used a belt to beat his step-son, Edward Brown. Brown's DNA was found on the belt. I'm not a lawyer, but I would think that sets a precedent. Maybe that could be used as a basis for a domestic violence law for children.
3.THE UNITED NATIONS CONVENTION ON THE RIGHTS OF A CHILD. The United Nations Convention On The Rights Of A Child is an international convention that sets out the civil, political, economic, social and cultural rights of a child. Nations that ratify this international convention are bound to it by international law. Only two nations have failed to ratify this convention: the United States and Somalia.
Article 19 of the Convention on the Rights of the Child requires states to take
"all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child..."
If you'll notice, the words, "physical violence" were used. Spanking and hitting with a belt (what was done to Nixzmary) definately constitute, "physical violence". President Barack Obama has called the United States failure to ratify the U.N. Convention as an "emabarrassment" and has promised to look it over. If the U.S. does ratify it then I would submit that allowing parents to be physically violent to their children is a violation of this international convention under Article 19.
So to re-cap, here are some potential ways that Nixzmary Brown's life could've been saved and potential laws in her name as a result of them:
1. Prosecuting military members who commit crimes against children and labeling them sexual predators.
2. Mandating ACS to get a search warrant to enter the home and inspect the child if the said child hasn't been produced within a specific time period.
3. Holding ACS workers criminally accountable if a child dies under their watch due to their incompetance.
4. Creating domestic violence laws for children banning the use of any corporeal punishment in the home.
If you haven't already done so, please read Nixzmary's biography, The Short, Sad Life Of Nixzmary Brown. Maybe YOU can spot other ways Nixzmary's life could've been saved.
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