(Sketch by: Christine Cornell; Kathleen Mullin delivering closing arguments)By: Dovesblood
On October 14th. 2008, closing arguments were made in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago. When I got up to the 2nd floor where the hearings are held in the ceremonial courtroom 1, Nixzmary's grandmother, Maria Gonzalez, was sitting in the waiting room alone. She was wearing a beige sweather jacket. Reporters from: The Daily News, The NY Post, The NY Times, Newsday, NY1 and NY1 Noticias (true to their name, they were the first ones there) News 12, El Diario, Telemundo, Univision, 1010 Wins, WABC channel 7, WCBS channel 2, and a host of other media covering the trial were there.
There were also a host of spectators there that would attend the trial alot. Here's a list of them:
One of the spectators was this little old black lady named Lena who goes to all the high profile trials. She's in her 60's, about 5 feet tall, wore her hair in long dread locks tied with a brown scarf around her head. She would also wear this brown vest and gray jacket everyday. She was going on about how "this trial is nothing" and about how she's been to other trials like the Gotti trial. She's also previously made statements saying, "I'm here for the show."
One woman, named Sabrina Carmichael-Yaw, who was a past victim of abuse and wrote a book about it, repeatedly pulled out newspaper articles about herself and her story and showed it to the reporters. Her mother and brother killed her little sister and entombed her in a wall for over 20 years! The D.A., Ama Dwimoh, prosecuted her mother. She also mentioned she planned on going on the Steve Wilkos show. That's a tv. talk show. At Cesar's trial, she also came to court with a copy of her book and the newspaper, the N.Y. Daily News, did an article about her and her story. The article is entitled, An Echo Of Suffering Nixzmary Endured.
Another woman, who was there was named, Jamila. She's a light skinned black woman, in her 40's, and had long blonde hair. She made a dvd immediately after Nixzmary was murdered. It showed people gathered outside of Nixzmary's apartment doing vigils for her. She showed her dvd to news reporters (one from El Diario) and repeatedly volunteered her own story of abuse to more than one reporter. I heard her say she plans on doing a book about Nixzmary.
Another woman who would come daily to the trial was a Brazilian woman named Su. I don't think that's her real name though. She said she was there covering the story for some friends in Brazil who have a magazine. When I asked her what magazine, she became nervous & wouldn't answer. She always sat in the first row taking notes. The first row is reserved for the media and lawyers but she sat there anyway even though she had no press pass. She attended daily, even during jury selection and was convinced Nixzaliz was the one who dealt Nixzmary the fatal blow in the bathtub.
Another woman who came was a young black woman who worked for the bus company, Atlantic Express. She's a bus driver. She wore her Atlantic Express uniform. After she drops the kids to school she would come to court to watch the trial.
Also there was a Nixzmary supporter named, Natasha. She had previously attended Cesar's trial and was here at Nixzaliz's trial everyday.
There was also a middle aged black woman in the room named, Lissette. She's a court spectator. She usually follows Judge DiMango to whatever room she's in and sits in on all of DiMango's trials.
The spectators that were there every single day from beginning to end were: Myself, Lissette, Natasha and Su. The rest that I mentioned came often.
Judge DiMango's usual court reporter, a middle aged white female named Donna, was sitting in the audience. I guess she wanted to see the closing arguments even though she wasn't working. During jury selection, she would always complain to the judge that she couldn't hear the jurors when they were answering the questions. The judge would have to keep telling them to speak up. Donna would say, "JUUUUUDGE!! iiiiiiii CAAAAAN'T HEEEEAAARRRR!! She usually sat stone faced throughout all the proceedings, sort of like botox.
Defense lawyer, Kathleen Mullin's mother was in the audience. She was an older female, 60ish, with short white hair in a black leather jacket. Everybody thought she was a nun! Even I thought she was a nun. I remember looking at her and thinking, "what the hell is a nun doing here"? I heard someone say, "there's a nun here"! After lunch, when we were all waiting to get back into the courtroom, Lissette came over to me and told me that it was Mullin's mother. She said even she thougt it was a nun.
Judge Patricia DiMango came in wearing a bright orange dress. The brighter, the better. DiMango always likes to be the belle of the ball. Lead D.A., Ama Dwimoh (ja-mo) was wearing a red skirt suit. Asst. D.A., Anthea Bruffee, was wearing a pink shirt and black skirt. Asst. D.A., Linda Weinman, was wearing a gray skirt suit. Defense lawyer, Sammy Sanchez, was wearing a black suit. Defense lawyer, Kathleen M. Mullin, was wearing a navy blue suit.
An Asst. D.A., named Kelly Casey, who interviewed Nixzmary's siblings after they died, was sitting in the front row.
The sargent and a guard rolled out the silver cart that carried all of the evidence. The cart had two baskets, each one filled with brown paper bags of evidence. On the top basket of the cart was the chair that Nixzmary was binded to for hours every day. Then the sargent brought out 3 brown paper bags, probably 2-3 feet in height, and placed them in the witness box. I knew this would be the last time I would be able to see little Nixzmary's possessions. It made me sad. I tried to memorize every detail about the bags so they'd always be in my memory. I knew her clothes were in one of those bags. Her red sweatsuit, her blue jelly belt, her Donald Duck pillow.
There was alot more people in the room than normal. Alot of people come because they want to see famous trial and couldn't care less about the victim. There were alot of people from the D.A.'s office and prosecution interns in the room. More media came than normal.
Maria Gonzalez was sitting in the back row in the center benches. When the Spanish interpretator, Migdalia, came in she said to Gonzalez, "como esta"? (how are you?) "Bien", Gonzalez said with a smile. Afterwards, Gonzalez moved over to the defense side of the room in the second row. She was noticably nervous. At one point she was hitting her hands against the chair like she was anxious about something.
I wondered who would be doing the closing arguments. I knew that if Kathleen Mullin was doing it, that Nixzaliz stood a chance.
When Nixzaliz was brought out, she was wearing a brown shirt and white pants. Her hair was in a bun tied with a brown scrunchie. She turned, smiled and waved to her mother in the second row.
Judge DiMango said the reporter (I think she meant translator) can sit where she wants.
She mentioned the stipulation about Cesar's last day of work and also that Count 6 has been modified.
The defense's appellate lawyer, Beverly Van Ness, made a motion to dismiss all counts saying the people's evidence is even weaker than it was before. The prosecution's appellate lawyer, Anthea Bruffee, said that the people have proved every count and that there is sufficient evidence. DiMango refused to dismiss the counts.
DiMango said that if there's an item in evidence that both the prosecution and defense are calling their evidence, then both sets of stickers, one for prosecution and one for the defense, will be placed on the item.
After the jury entered, DiMango tells them of stipulated evidence. She said that were a witness called to testify, he would have said that CESAR RODRIGUEZ LEFT HIS JOB ON NOV. 27th.,2005 AT 8am. (Cesar was actually fired)
The defense lawyer, Kathleen Mullin did the defense's closing argument.
I'm not going to use quotation marks because some words were left out due to my not being fast enough to write them. For that reason, I'll be using a colon ":" to indicate that she's speaking.
Again, for the most part,
WHAT YOU'LL BE READING WERE KATHLEEN MULLIN'S ACTUAL WORDS.
Mullin began by addressing the jury and saying how grateful she was for there service for the past 5 weeks. She said: We selected you for your open, fair minds to judge the evidence.
Mullin continued: The single issue here is HER STATE OF MIND on Jan.11th. 2005. There's no dispute that Nixzmary was found dead in her home. There's no dispute that her mother was at home. Not in dispute, she looked like this. (Mullin holds up a crimescene photo of Nixzmary lying on a wooden floor. She's got two raccoon like black eyes and she's so thin you could see the bones through her skin and she's got bruises all over) It's not in dispute that she had injuries like this. (holds up an autopsy photo).
: Her state of mind has no direct evidence, no scientific test, no cat-scan, no x-rays to see her state of mind.
: She didn't call 911. The question for you is, NOT would YOU have called 911. Reasonable people would've called 911. Why didn't she call 911? What was her state of mind when she didn't take that action. The government claims she was WICKED, EVIL, INHUMAN (Mullin started to talk loudly and mocked the words) that's why she didn't call 911. They must prove beyond a reasonable doubt that she was evil and that's why she didn't call 911.
: Four counts that relate to homicide. (Murder 2, Man 1, Man 2, Criminally Negligent Homicide) One thing that the judge will tell you is that THE FIRST 3 COUNTS MUST SHOW: THAT IN HER MIND SHE MUST HAVE BEEN CONSCIOUSLY AWARE THAT HER DAUGHTER WAS DYING.
: Remember the meaning of the word "autopsia"? "to see for one's self".
: Let's start with Dr. Barbara Sampson, the foundation on which the government built their case. She's not the autopsy medical examiner. Not present with Nixzmary on Jan.11th. 2006. She is the first deputy chief Medical Examiner. She doesn't even do autopsies. Became a medical examiner in 1998. 10 years of experience, 3 1/2 which spent in beaurocratic postitions. Done 15-1600 autopsies. She was caught once before, trying to give an expert opinion of taser related death. Denied expert status on that issue. Before she comes to court to testify, she reviews Cesar's, Nixzaliz's and Dr. Wetli's testimony.
: She's a scientist and gives scientific testimony. She will take science and BEEEEEEND it to fit an overzealous government theory to try and charge a mother with murder. (Mullin also imitated a bend with her hand) Science should have nothing to do with Nixzaliz. You only need those things to bend with all of your might, the evidence, to fit into the government's theory. SCIENCE CANNOT & WILL NOT BE IGNORED BY JURORS WHO SWORE AN OATH!
: Sampson told you that according to her and her science, Nixzmary was hit on the head on Jan. 8th. Told you the single injury inconsistant with life is the injury delivered on Jan. 8th. But for the subdural hematoma, Nixzmary wouldn't have died. As a result of death, the government says Nixzaliz should be charged with murder, acting in concert with the person who delivered the blow. (Mullin starts to yell) I'D LIKE TO TALK ABOUT WHERE NIXZALIZ WAS ON JAN.8th.,WHERE SHE WAS WHEN CESAR DELIVERED THE BLOW! The government has given us NOTHING about where Nixzaliz was and why Nixzmary was hit on the head. They do have to prove that Nixzaliz was of the same evil, wicked mind when she delivered the death blow of Cesar. They have to prove that Nixzaliz was a part of it. If they fail to do that....(?)
: The government's theory of this case: She (Dr. Sampson) says Nixzmary was rendered unconscious on the evening of Jan.8th into Jan.9th. Later on, she thinks she was unconscious Jan. 9th. and into the day of Jan. 10th. She died on the evening of Jan.10th or perhaps earlier in the morning of Jan.10th. This is the foundation of the government's case. THEY HAVE NIXZMARY UNCONSCIOUS BEFORE THE YOGURT WAS EVEN BOUGHT!!!! ( actual substance was a strawberry Jello pudding but because Cesar called it yogurt, the da's left it at that) Mullin contd: NIXZMARY WAS UNCONSCIOUS BEFORE THE REASON WHY SHE WAS BEATEN!!
Mullin cont: You don't have to be a scientist to know that Sampson's version of science is wrong. GRAVITY WORKS. IT WORKS TODAY, IT WORKED JAN.11th., IT WORKS IF YOU'RE FAT OR SKINNY. When the process of gravity works on a person who died, it's called lividity. The E.M.S. came at 4:38 am. The M.L.I. (medical legal investigators) came at 8:30am. Sampson says her science says Nixzmary was dead 15 hours at least from when the MLI saw her. (at 8:30am, Jan.11th) FROM LIVIDITY, WE KNOW THIS IS NOT POSSIBLE. When the MLI at the scene checked for lividity, she wrote on her paperwork: no lividity present. SHE WAS NOT DEAD LONG ENOUGH FOR A GRAVITATIONAL SETTLING OF THE BLOOD! Why would Sampson bend her theory? Mullin contd: THE LONGER NIXZMARY IS DEAD IN HER HOME,THE MORE GUILTIER NIXZALIZ LOOKS. Nixzmary wasn't even dead long enough for the gravitational settling of the blood to begin!! Dr. Guitierez (who did autopsy on Nixzmary) is an employee of Dr. Sampson. He has every advantage in the world to come talk about the case. The government gives you Sampson, who bends science to say Nixzmary is dead 15 hours! Guitierez said that lividity is minimal. LIVIDITY HAD JUST BEGUN. (what Mullin is saying is Nixzmary wasn't dead long enough for the process of gravity to set in and her blood to pool in one spot. Since lividity was minimal, she had only just died and blood only just started to pool, meaning death was recent)
Mullin contd: Sampson tells you that Nixzmary was unconscious from the evening of January 8th. until she died on Jan.10th. DURING THAT TIME, SHE CAN'T TAKE WATER. The one thing humans can't live without. Nixzmary couldn't take water. IF THAT WERE TRUE, SHE'D BE DEHYDRATED. (Mullin then says that according to the vitrious fluid of the eye, that tells you if a person is dehydrated or not, that NIXZMARY WAS NOT DEHYDRATED) She was not dehydrated for the period of time Sampson says.
: Sampson tells you about temperature. Sampson admits she knows nothing about Nixzmary's circumstances. Clothing, bathed in water... She admits all those things played a role. SHE ADMITS TEMPERATURE IS NOT ACCURATE. We agree that a naked child, skinny, lying in a cold room, if she were left there after she died, her body temperature would've cooled to meet room temperature. If then she were taken and put in a warm room, her body temperature would've gone below. IF SHE WERE TAKEN FROM A COLD ROOM TO A WARM BATH AND BACK IN THE ROOM, HER BODY TEMPERATURE WOULDN'T HAVE RISED AGAIN.
(Mullin now talks about other factors in determining how long Nixzmary was dead). Mullin contd: SHE WASN'T DEAD LONG ENOUGH FOR HER BLOOD CELLS TO DETERIORATE.
: SUBDURAL HEMATOMA WASN'T ADHERANT--SHE WASN'T DEAD LONG ENOUGH!
: Science works! I tell you, Sampson's science is wrong! If you find one single doubt, you must find, not guilty. HER VERSION OF SCIENCE CONFLICTS WITH ALL KNOWN SCIENCE IN THE UNIVERSE!!
: People haven't given you a single shred of evidence about where Nixzaliz was the day her daughter was stricken.
: Sampson says that after a person receives a subdural hematoma, process of decline, symptoms (didn't catch rest of sentence) Jan. 8th. she was hit. Begins the process of decline throughout the 9th. and lapses into unconsciousness on the 10th. THE GOVERNMENT ASKS YOU TO ACCEPT THAT ON THE EVE OF THE 10th, SHE'S NOT DEAD, SHE'S ARGUING AND FIGHTING WITH CESAR!!! (Mullin said this because Sampson had stated that some of Nixzmary's bruises were only HOURS old. So how could she be unconscious but at the same time, be alive and fighting with Cesar?) The government tell you the process of decline would've been on Jan. 10th. She's already dead! Conflicts exist between the doctor and proof.
: explain to you how the EVIDENCE SUPPORTS SCIENCE. I'll show you what happens. I'll start with science. REAL SCIENCE, NOT SCIENCE BENT TO FIT INTO A THEORY.
: Who is Dr. Wetli? He's been a Doctor since 1969, spent 40 years examining the dead to find out why they died. He's performed 7500 autopsies. I don't think I've met 7500people. He served in the army (as a pathologist) and Miami Dade, Florida (Chief M.E.), headed up Suffolk County M.E. and took a presidential accomodation for identifying everyone of the TWA victims. Critisised because he wouldn't accept SCHLOCK! Only board certified M.E.'s.
: We don't have access to Nixzmary. Wetli could go there and examine her. Dr. Sampson could, but she didn't and didn't send the guy that did!! (Dr. Guitierez, who did the autopsy)
: People he intimidates speak to him in a disrespectful tone. (she's referring to when the lead D.A., Ama Dwimoh was cross-examing him she was speaking to him with an attitude)
"OBJECTION"!! says, Dwimoh.
Mullin contd: You can't ignore 4 decades of examining the dead. THE ONE THING YOU CAN'T DISRESPECT ARE HIS CREDENTIALS.
: Wetli said he didn't read the testimony. Malnutrition. Wetli said, I can't just look at her and a dot on a graph and say she's malnourished. Sampson said that. (that Sampson looked at Nixzmary & concluded that she was malnourished) Malnutrition is not something that you see with your eyes. We bring every record for Nixzmary from birth to death, showed it to Wetli to calculate. Wetli said he still didn't have enought info! HER WHOLE LIFE WAS UNDER THE 28th PERCENTILE! (that means she was severly underweight compared to other kids her age) There's no evidence after looking at the forensic evidence. Look at fat cells, creatine, sodium. (all came back normal) You can test for dehydration--She's not dehydrated!! 1 DOT, 1 GRAPH AND 1 SCIENTIST WILLING TO BEND!! (she's referring to Sampson bending the truth) Her whole life under the 25th percentile, most of the time under the 10th percentile!
: Wetli doesn't look at one factor, temperature, and doesn't say she was dead for 15 hours. He looks at everything.
: Between Sampson and Wetli, whose guess is more accurate? 40 years or 6 1/2 of M.E. experience?? (Wetli has 40 years of exp.)
: What Wetli said about the time of death? She wasn't dead long. A few hours. At most, 5-6 hours. Scientific evidence says it was impossible she was hit 2 days prior. Wetli said, 8-10 hours before she died. 8:30 in the morning, the MLI came (medical legal investigator) Nixzmary was dead 5-6 hours at the most (meaning NIXZMARY DIED BETWEEN 2-3:30 am ON JAN.11th) and 8-10 hours prior, she was hit. (meaning she was hit on the head sometime between 6:30-7:30 pm. Jan.10th.) He went through potassium, temperature, went through all science to come to his conclusion. Used all available info. That's what scientist do, what Wetli did, what YOU should do.
: The single issue in this case: what was Nixzaliz's state of mind. What is Nixzaliz's timeline? You'll get the written statement of Nixzaliz and Det. Valentine. Nixzaliz is the most reliable witness called by the government in the video. The video happens in the evening, 7:50pm. She's been at the precinct since 6:30 in the morning. 13 hours of testimony given by Nixzaliz to the government about what happened. That's the amount of time before they decide to click on the camera. Det. Valentine said she (Nixzaliz) was sitting two rooms away from the camera room all day. DO YOU THINK NOBODY SPOKE TO HER? They talked to her alot! 9:30 in the morning they talked to her but didn't put the camera on until 8 at night. The circumstances under which words were spoken is important. Where she was for the past 15 hours interrogated by the detectives. WHEN YOU SEE THAT VIDEO, REMEMBER WHERE SHE WAS BEFOREHAND.
: Ulbis Rivera said she was faking it. She waited for 911 to begin crying. She was a fake, a liar, she knew the whole time Nixzmary was dying and dead and did nothing. She sat in the precinct from 6:30 in the morning until 8 o'clock. She's not smart enough to utter the words that every American has a right to utter: I want to speak to a lawyer.
: Even after 15 hours, she still doesn't understand how Nixzmary was left that way. What does she say after that long in the precint? She said it was never about the yogurt. (really strawberry Jello pudding) She said Nixzmary was never punished about the yogurt. Afterwards he (Cesar) was happy. (what Mullin is referring to is: after Cesar confronted Nixzmary about the yogurt, he told her to go bring back the cup. She was suppose to go get it but never did. Cesar, never punished her, he walked off to the other room to go and listen to music. When he wanted to print something and and found out printer was jammed with toys and was told Nixzmary did it, that's what sent him over the edge, the broken printer, not the pudding) Mullin contd: She said Nixzmary was never punished about the yogurt. Afterwards he was happy. THE GOVERNMENT'S WHOLE THEORY THAT NIXZMARY WAS KILLED OVER YOGURT NEVER HAPPENED! What she (Nixzaliz) says is that between 10-11 o'clock at night, there was a conversation about missing yogurt.
: What enraged Cesar is the printer being broken. He was screaming at all the children, standing in the middle of the apartment. You know who said it was Nixzmary? They (d.a.'s) say, Nixzaliz said to Cesar to go ask Nixzmary. What happened was, WHEN CESAR WAS SCREAMING AT THE KIDS, 5 YEAR OLD EDWARD, SAID IT WAS NIXZMARY. When Edward said that, Cesar was ranting and raving. Nixzaliz said to him: then go ask her. SHE DIDN'T SAY TO HIM, GO BEAT HER TO DEATH! Manslaughter in the first degree requiers INTENT IN THE HEAD to seriously physically injur that little girl. Do you think when Edward said it, that that was what was in his head? Do you think the intent was that he beat her?
: Nixzmary went every 90 days to the doctor.
"Objection" said the lead D.A.
(at this point Mullin, who's standing up addressing the jury, turns and looks straight at the lead D.A., Ama Dwimoh, and says, "they can object all they want. I am arguing from the evidence".
:It was this mother. (who took her) Remember the opening statements? She didn't LOVE and CARE about Nixzmary (d.a. said) EVERY VISIT. SAME LADY.
: When she says to her enraged husband,"I don't know, stop your raging, go ask her". (At this point Mullin tells the jury that it was Nixzmary's brother, Edward, who tattled that Nixzmary took the yogurt. Mullin mentioned that it's something that alot of kids do and I think she said she even did it herself as a child. Because Nixzaliz told Cesar to go ask Nixzmary, the D.A. is charging her with murder claiming she provoked Cesar into killing Nixzmary by bringing Nixzmary's name up to Cesar) Mullin contd: IF THAT IS THE STANDARD, THEN 5 YEAR OLD, EDWARD, SHOULD BE SITTING NEXT TO HER, AS A CO-DEFENDANT!!
OOOOOOOOHHHHHHHHHH
(at this point, a collective gasp could be heard in the room. Jaws dropped. Some people laughed. I chuckled. People were in shock that Mullin said that. The thought of little Edward sitting at that table with Nixzaliz for tattling on his sister
The judge said to the court reporter, "strike that from the record". Why, I don't know, because it's true. The main reason Nixzaliz is being charged with murder is because the D.A. is claiming SHE told Cesar that it was Nixzmary who broke the printer and to go ask Nixzmary. Here's the real deal. I'm not trying to protect anyone like the prosecution is, I just want the TRUTH about Nixzmary's life. Here it is: when Nixzaliz discovered a strawberry pudding was missing after pairing them up, it was Edward who said it was Nixzmary. Nixzaliz said this herself in her video taped statement)
(CESAR RODRIGUEZ, IN HIS WRITTEN STATEMENT SAID, and I'm quoting, "I SAW THERE WAS MORE MISSING AND I COUNTED AND MY SON EDWARD SAID NIXZMARY TOOK ONE.")
(It was the pudding that started the ball rolling in the first place. After Cesar confronted Nixzmary she was suppose to go bring him the cup. She never does. He goes off to listen to music. Short while later when he goes into the kids room to print something out stuffed toys were jammed in his printer and Cesar started screaming at ALL of the kids.)
(Here's where the story has some discrepancies. In the police video tape, Nixzaliz said that Edward told her and she told Cesar to go ask Nixzmary. BUT, in a jailhouse interview granted to the Daily News and the NY Post, on Jan. 16th 2006, Nixzaliz said that it was Edward who told Cesar DIRECTLY that it was Nixzmary who broke the printer. The Daily News article is called, "The Last Plea of Little Nixzmary" by Lisa Munoz. I'm going to quote from the interview: "He kept asking, 'who's been messing with my printer?' Santiago recalled. SHE SAID HER SON EDWARD TOLD RODRIGUEZ THAT NIXZMARY HAD BEEN PLAYING WITH THE PRINTER- SENDING THE STEPDAD INTO A BLIND FURY".)
(This is something that Edward Brown is going to have to live with for the rest of his life. That he's the one who ratted his sister out and got her killed. Mullin, bringing it up and saying if they were going to charge Nixzaliz with murder for telling Cesar, that they would also have to charge Edward wasn't so far fetched because he did the same thing.)
Continuing on with Mullin's closing, she's talking of the night Nixzmary died and said: Nixzaliz is holding the baby (Cesar Gabriel) she goes to the room and Cesar hits Nixzmary. Contrary to the government's theory, NIXZALIZ HEARS NIXZMARY BEING HIT AND TELLS CESAR, "STOP IT"! It's the opposite of the mother they want you to think she is. She says, "Stop it, it's not worth it"! Cesar takes Nixzmary by the hand, stark naked. Nixzaliz was attending the baby. NIXZMARY'S YELLING, "MOMMY"! WHAT HAPPENS? MOMMY COMES AGAIN. AND SHE SAYS TO CESAR TO STOP IT. What was in her mind? WHAT WE HAVE SO FAR IS A MOTHER WHO'S GONE 2 TIMES TO AN ENRAGED HUSBAND TO SAY, STOP IT. CESAR WAS HITTING NIXZMARY- THAT'S HIS STATE OF MIND. NIXZALIZ WAS TELLING HIM- STOP IT- THAT'S HER STATE OF MIND. THEY HAVE TWO SEPARATE STATES OF MIND. (Mullin is pointing out the different states of mind because the murder and manslaughter charges require that the jury find they both had to have had the EXACT state of mind)
At this point, the judge gives everyone a bathroom break. During the break people left the courtroom to go out into the halls, use the bathroom etc. People were saying that they couldn't believe Mullin was talking for so long and that she should hurry up and finish. In response, one person said, "it's because she has someone's life in her hands". The others weren't buying it and wanted her to get it over with.
When everyone comes back into the room, there's a bench conference. The judge announces to the audience that she's been told that some people have fliers depicting Nixzmary Brown and that during the course of the break, they were handing them out to the reporters. She said she doesn't want anybody to waive anything (meaning a flier of Nixzmary to the jury) and said "if there's anything you want to tell me, tell the sargent and I'll address these issues". The defense lawyers turned to look at the audience, probably wandering who's going to sabotage their case. Nobody said anything.
The defense attorney, Kathleen Mullin, actually turned around to face the packed courtroom audience and started staring at me!!! I was just looking back at her and thinking to myself, "bitch, it's not me"!
After the jury re-entered, Mullin continued with her closing, saying: this matter is of such importance that I'm going to ask you to induldge me as we review these things.
Mullin contd: Talking about the timeline. Wetli said Nixzmary was dead 5-6 hours. Between 2:30-3:30am, she died. Wetli said 8-10 hours prior, she received the blow. 6:30-7:30 the night of Jan.10th. 40 years of doctor's experience. Seen by the MLI at 8:30 in the morning. NIXZALIZ INTERCEDED TWICE ON BEHALF OF HER DAUGHTER. IN THE BEDROOM AND IN THE BATHROOM. Stop hitting her. Cesar did stop. Took her to the bathroom. Naked and wet, puts her in the cold bedroom on the floor. Between 10-11pm, the bedroom, to the bathroom to the cold room. All took 45 minutes. Between 10:45-11:15 pm approximately. "Objection", says the lead D.A.
Mullin continued: After she told Cesar to stop hitting Nixzmary, she went back to tend to the baby. That's when she knew about the beating. SHE DID NOT KNOW, CESAR WASN'T FINISHED. When Nixzmary came out of the bathroom, she didn't look like this. (Mullin holds up a photo of Nixzmary bruised) WHAT FORENSICS TELLS IS: AFTER CESAR TOOK NIXZMARY FROM THE BATHROOM-- WHAT FORENSICS TELLS IS-- HE SHUT THAT DOOR AND BEAT THAT CHILD TO DEATH!!!! (My jaw dropped. I was in shock! This is something totally new that Mullin was saying. It's been 3 years and the story thus far is that after the bathroom incident, Cesar dumped Nixzmary on the floor of the storage room and he left. Mullin is saying something totally different. I was looking around the room to see if anyone else was in as much shock as me. I thought to myself, "what is she talking about"? I sat there transfixed)
Mullin contd: THERE'S NOT A SINGLE DROP OF BLOOD IN THE BATHROOM--ALL THE BLOOD IS IN THE BEDROOM. In the back bedroom, there's blood everywhere. A drop of blood on the floor. (Mullin holds up the map 6A of the apartment) She continued her motherly responsibilities. She went that way, he went this way. The red dots are blood. All Nixzmary's. THERE WAS BLOOD ON HIS PANTS BUT NO BLOOD IN THE TUB. What else is there? That he beat her on Jan.10th. CESAR'S PANTS HAD BLOOD ON THEM ON THE CUFFS OF THE JEANS, the morning he's arrested. If the blood samples are right and Nixzmary is dead on Jan. 10th., why was he wandering around with blood on his pants? HE HAS BLOOD ON A SPOT (pant cuffs) WHERE YOU CAN'T GET IT UNLESS YOU'RE KICKING A CHILD!
: NIXZALIZ IS BACK IN THE ROOM AFTER SUCCESSFULLY STOPPING HIM. She had no idea what he was doing. SCIENCE CONTROLS THIS CASE. Nixzmary's blood is on Cesar's pants in a spot where he can only get it if he kicks her. He was doing it out of her (Nixzaliz) hearing and out of her sight.
(Mullin refers to the autopsy photo of Nixzmary's neck) Mullin contd: There's sticky residue, consistant with duct tape. (one of the autopsy photos did show white sticky residue on the back of Nixzmary's neck. The prosecution's Medical Examiner, Dr. Sampson, even said the residue was consistant with duct tape) THE RESIDUE IS WHITE BECAUSE IT'S FRESH. I'll read you from the record of Taylor Dickerson (DNA expert) THAT DUCT TAPE WAS RECOVERED FROM THE GARBAGE CAN. Get the d.n.a. profile? The d.n.a. was Nixzmary Brown's. (on the duct tape that was lying atop the bathroom garbage can) HER BLOOD IS ON THE WAD OF TAPE, THE RESIDUE OF WHICH EXISTS ON HER NECK. Two different places where Nixzmary's blood was found on the duct tape. We swabbed the duct tape, got a mixture, Nixzmary and other male contributors. Cesar had Nixzmary's blood on his cuffs. I submit to you, his blood was on the other side of the tape. Duct tape residue, marks on her back, marks on trousers.
(Mullin puts up a photo of mattresses that were stacked in Nixzmary's room. She points out the blood stains on the mattress photo.)
(Mullin then shows the jury the photo of Cesar's pants and points out that the pants that he was wearing Jan.11th. have 7 different blood stains on them. She then points out some places where blood was found): the floor, the wall, 2 drops on the litterbox, on it and in it. THOSE BLOODY CUFFS MET POOR NIXZMARY'S BACK!
(Mullin then put up an autopsy photo of Nixzmary's chin onto the projector screen. The scab on the chin was ironically, heart shaped)
She contd: This is based on phsical evidence, on science. I'm not asking you to follow me on a journey. See it for what it tells you. It speaks loudly. Jan.11th. Cesar wears the pants. 7 different spots drip on room. (Then Mullin points out): THE BLOOD ON THE MATTRESS IS THE SAME SHAPE AS THE SHAPE ON HER CHIN! HE TAPED HER MOUTH CLOSED SO HER MOTHER COULDN'T COME FOR HER AND STOP HIM ANOTHER TIME! The floor, the wall, the cuffs. DUCT TAPED INTO SILENCE! OUTSIDE OF THE SIGHT AND HEARING OF HER MOTHER WHO HAD COME FOR HER TWICE!
: 15 hours at the precinct. This is why she said at the precinct, I don't know how she got like that. He made it, so she couldn't see or hear!!
: Afterwards, he waded up the duct tape and threw it on the bathroom pail. In a family of 6, it wouldn't be there very long. (the bathroom pail had no cover and the opening was circular) He dropped it in the pail and walked to the bedroom.
: Nixzaliz saw nothing that would let her think her child would be dying. SHE DIDN'T KNOW ABOUT THE BLOOD ON THE FLOOR, THE WALL, THE LITTERBOX (but what about when she came back to the room 2 hours later? Did she see the blood then?) She puts the baby's to bed. That process is 2-3 hours long. She has no reason to think that Nixzmary moaning or crying is because the child is dying. After she puts the kids to bed, she says in her statement (video) "I'm a mother" and that something told her to go check her daughter. She found her on the floor cold and moaning. She picks her up. The exact opposite of wicked, evil, inhuman. She ran a warm bath for her daughter. Her daughter was alive, sitting in the bath by herself. She was not unconscious because if she was unconscious...(?)
: She left Nixzmary in the tub and said to Cesar that something is wrong with Nixzmary. (at this point lead D.A., Ama Dwimoh, is making faces) Cesar said, she's faking it. Don't worry about it. (Dwimoh continues to make faces at Mullin. Mullin now shows the photo to the jury of duct tape lying atop the bathroom garbage) He told her, don't worry about it, she'll be fine.
: She (Nixzaliz) dried her, dressed her in a purple t-shirt and a red long sleeve turtleneck and red sweatpants. Took her not to the cold room. SHE TOOK HER FROM ISOLATION AND PUT HER IN THE ROOM WHERE THE CHILDREN SLEPT.
: I gave her water. She later thinks that water is what drowned her. She doesn't know and couldn't know. THAT DUCT TAPE KEPT HER FROM KNOWING! Nixzaliz saw and helped her daughter. If she was consciously aware and wanted it to happen.....(to be convicted) in her mind she has to be consciously aware she was dying and did nothing. IF SHE DIDN'T LOVE AND DIDN'T NURTURE AND ACTED IN CONCERT--WHY-- WHEN SHE CAME TO FIND HER DAUGHTER AND KNEW SHE DYING--WHY NOT LEAVE HER THERE?? Why bother dress her in warm clothing, why do any of that?
(Mullin shows a crimescene photo of the bathtub with bubbles and suds still in there) : The bucket of water. Government will argue that someone used the bucket of water to clean it up (blood) PROVE IT!!! Mullin yelled. (there was a bucket of water outside of the bathroom) Mullin contd: Det. Bello collected the water. He took a sample from the bucket. DNA was tested and there was NO BLOOD RESIDUE IN THE WATER! If it was bubbles and Pine-Sol, they wouldn't have tested it. "Objection"!!, says Dwimoh. (She's making a face at Mullin) LACK OF EVIDENCE MATTERS IN A CASE CHOCK FULL OF DNA! There's no testimony before you, that this water was ever used or matches the bubbles.
: Where the blood is and where it is not. It is not in the bathroom. It is not on Nixzaliz's clothes. It IS in the room, on the pants.(Cesar's)- in the places consistant with where Nixzmary was injured.
: I beseech you, follow the evidence! Nixzaliz's timeline: When she goes back to the room 2-3 hours later (she was putting baby's to sleep during that time) Between 2:30-3:30 am, when she finds her daughter, takes her to the bathroom, dresses her, brings her to the siblings. I say it took 30 minutes. (At this point, lead D.A., Ama Dwimoh, keeps objecting)
Mullin contd: I urge you to use common sense. Now between 3-4 am on Jan.11th. shortly thereafter, Nixzaliz knocks on Ulbis Rivera's door. At 4:15am Nixzaliz is knocking. Nixzmary is dead.
: Remember one thing. Wetli never read or saw Nixzaliz's statements. He looked only at the science. SCIENCE MIRRORS WHAT NIXZALIZ SAYS HAPPENED. Between 6:30-7:30pm, she's hit. (Jan.10th) Between 2:30-3:30am, Nixzmary dies. Then Nixzaliz says she starts at 10:00pm. Finds her daughter dead around 4:15am (Jan.11th) Those two things mirror each other because Nixzaliz is telling the truth and the truth is supported by science. No, her statements over 15 hours (at precinct) don't match, but they create a timeline that matches the science.
: Wetli has 40 years of experience. If you're a boxing fan, he's Mohamed Ali. He's the M.E. of all M.E.'s.
: What Nixzaliz's state of mind was? The govenment contends that she was consciously aware of what happened, that Nixzmary was dying. Did she make a decision to disregard? Was she WICKED? EVIL? INHUMAN? DID SHE CHEERLEAD TO HAVE CESAR HURT THAT GIRL? What do you know about her that helps you to decide that?: Ulbis Rivera heard fighting. Cesar Rodriguez lost his job on Nov.27th. Nixzaliz had a miscarriage. She went to Rivera's house. Showed Rivera what she passed. Treated overnight at a hospital. On Jan. 11th. she had in her house that child she lost. (Mullin shows that jury a picture of the fetus in the jar) ACS worker spoke to Nixzaliz. Nixzaliz told her I saw the baby's eyes. (this happens) 40 days before Nixzmary is dead.
: The question is, not what YOU would've done. Would you call 911? Would you have kept this jar? She's not crazy. Ms.Rhoden recommended grief counseling.
: The day Rivera called EMS, Nixzmary was also in the hospital with the wound over her eyebrow. It existed at the end of November. When Nixzaliz went to the room, she was accustomed to seeing Nixmary's wound. She'd seen it all the time. This eye injury, while looking back, was not fatal. She got this eye wound at the end of November. Rivera also saw the wound on Christmas. When she was asked by the government about Nixzmary's wound, Rivera said there was one on her eyebrow. (it was above her eyebrow) In Nixzaliz's state of mind, she knew Nixzmary had a wound. When she was at the hospital Nov 29th. to have the wound stitched, the ER doctor was a mandatory reporter.
(the doctor's name was Dr. Michael Abbey-Mensa of Woodhull Hospital. At Cesar's trial, he showed up with his lawyer and refused to answer a majority of the questions, saying, "I don't recall" He came across on the stand as a bumbling idiot. How he could see a child that's as thin as a skeleton, emaciated, with a gash over her eyebrow and not pick up the phone, is just incompetance. This quack is a disgrace to the medical profession. He's a mockery of what a real doctor is and his license should be revoked)
(After Mullin brings up that the ER doctor is a mandatory reporter and didn't report, Dwimoh objects. The implication is that there was nothing to report) Mullin contd: the people can object all they want! I am arguing from the evidence in this case! ER doctor wrote in the records that Nixzmary had no other bruises on Nov.29th. THEIR THEORY OF PATTERN CHILD ABUSE: NOV.29th. 2005--NIXZMARY HAD NO OTHER BRUISES. (Mullin pointed this out because if Nixzmary was suffering from pattern child abuse, she would've had other bruises noted at the hospital. At Cesar's trial, Asst. D.A., Linda Weinman, made a point to note that Abbey-Mensa himself didn't check for bruises, that's the job of the asst. There was some question as to whether the asst. really checked Nixzmary or just checked off no bruises on the paper) THE DAY OF DEATH MINUS 40 DAYS. (no bruises)
: DAY OF DEATH MINUS 2 WEEKS: Rivera saw her at Christmas and didn't see anything that would lead her to believe Nixzmary was undergoing pattern child abuse.
: When Nixzmary went to school with the gash, the ACS workers Vanessa Rhoden and Orlene Cummings came to the school. When Cummings came on Dec.1st. Nixzmary's sleeves and shirt were rolled up so she could see all injuries on Nixzmary. (she claims she did this and there were none) Injury on the stomach? She didn't have it on the first of December. (Nixzmary had a gigantic bruise on the left hand side of her stomach, as well as other bruises) When Rhoden (ACS worker) went to the house, all of the kids were clean, neat, appropriately dressed, girl's had their hair done. Who do you think did those little girl's hair? Why is it, Nixzmary's hair was also done? Why was she appropriately dressed? WHO DID IT FOR HER? Who do you think did it? (Mullin turns from the jury box and points over to Nixzaliz)
: Nixzmary was not locked in her room. At Christmas, she was celebrating Christmas with her family. Rivera saw her. ULBIS RIVERA LIED. SHE REFUSED TO ADMIT WHAT SHE TOLD THE ENTIRE CITY OF NEW YORK! You cannot abide a liar. She refused to tell you that she told Bode (Daily News reporter) that Nixzaliz confessed that Cesar beat her. Ulbis Rivera is a liar. In a court of law, liars have no place!
: Det. Scandol was brought to show you that Ulbis Rivera lied when she said Nixzaliz was faking it all. She (Rivera) said that Nixzaliz was banging on her door, to Det. Scandol. (on the stand, Rivera said Nixzaliz was only knocking. Banging shows that she cares, knocking shows she couldn't care less) Rivera said, nope. Det. Scandol said that she (Nixzaliz) was not calm or faking and was banging on the door.
: The Daily News reporter told you Rivera was lying.
: Nixzaliz was in a frantic state on the 911 tape. Det. Ferrara confirmed that P.O. Nolan found Nixzaliz in a frantic state of mind. Nolan, when testifying, didn't want to admit it. Sammy (defense lawyer) kept after him. THE TRUTH. NOT TESTIMONY DESIGNED TO CRAM A MOTHER OF 6 INTO A MURDER CHARGE! Nolan tried to give Sanchez the 2 step on that. Det. Ferrara gave you the truth that Nolan found when he got to that house. This mother was in a frantic state, wailing, "my child, my child"! That tells you about her state of mind. That Nixzaliz was shocked. Not cheerleading or goading or wicked or inhuman. She was tragically gutted on her insides when she found out.
: SHE DIDN'T DO --"NOTHING" She did what she thought based on what she percieved. She wasn't aware she was dying because why would you do all of these things? SHE DID DO, FOR HER DAUGHTER!!
Mullin contd: Here's a few random thoughts. When I sit down, they'll use Nixzaliz's statements. They'll say Nixzaliz admitted that Cesar hurt the kids in the past, particularly Nixzmary. You know Rivera said Nixzaliz had a black eye. She knew he hit the kids. She told him, "I told you not to hit the children"! He (Cesar) told her not to butt in. (with "disciplining" the kids) He had never hit her like this. Never put marks on her, with blood on his pants. She (Nixzaliz) had no reason to predict or anticipate it. 40 days minus the day of death- THE E.R. DOCTOR COULD NOT PREDICT NIXZMARY'S FATE. THE A.C.S. WORKERS COULDN'T PREDICT NIXZMARY'S FATE. RIVERA heard banging and fighting. Saw Nixzmary 2 weeks before death. COULDN'T PREDICT WHAT WAS GOING TO HAPPEN. NEITHER COULD NIXZALIZ. IF SHE WAS NOT BEING TRUTHFUL, WHY WOULD SHE ADMIT SHE THOUGHT NIXZMARY WAS GOING TO DIE?
: They'll say: she heard banging (in the bathroom) and did nothing. They'll say: she heard Nixzmary moaning. FOLLOW THE BLOOD. LISTEN TO IT. There's no blood in the bathroom. SHE NEVER SAID THAT SHE SAW CESAR INFLICT THE WOUND. She heard banging. What does she do? She goes to her daughter and says (to Cesar) "Stop it"!!
(when asked at precint) : did you think you would lose her? Nixzaliz says yes because of breathing but she was responsive and I had faith. Under certain circumstances there's a failure of parental duty to call. Under those circumstances- you're aware that the child is dying. She couldn't hear the crying because of the duct tape!
: DEMAND AN ANSWER FOR THE 911 CALL! 911 has her wailing, "my child, my child, my child"! Demand to know how they (the D.A.'s) explain that!
: How they explain the blood and the duct tape!
(Mullin then told the jury that the prosecution might bring up a bedroom calendar, trying to prove Nixzaliz was the controller of the house and Cesar was her puppet) : Inside of the bedroom door, there's a calendar of a man with a speedo on. They'll say because of that she's not a victim of domestic violence! DON'T LET THEM TELL YOU because she called him, "cabron" (spanish curse word meaning 'son of a bitch) and the speedo calendar, that Cesar was under her thumb and she instructed him to beat Nixzmary to death! That duct tape residue with his DNA tells you who was in charge in that house!
: Was she aware that her child was slipping into death? Was her mind full of wicked, evil, inhuman thoughts? Were her acts brutal and heinious? Remember what she was doing. She is not guilty of having a depraved mind for murder.
: It's not what YOU wouldv'e done.
: By Nixzaliz saying to a raging Cesar (to ask Nixzmary) is she goading or cheerleading? In her mind, is there an intent to hurt her? NO. Not guilty of manslaughter in the 1st. degree.
: Manslaughter in the 2nd. degree requiers a conscious awareness of Nixzmary dying. She's not guilty of manslaughter in the 2nd. degree. Her mind never had that thought. Read the transcripts.
: 2 assault counts. What was in her mind? The statement was that Nixzmary was running and fell (hospital records) Does that involve her touching her daughter?
: Other assault count. (Mullin stated that after Nixzmary pulled a childish prank that's when Nixzaliz pushed her) Mullin contd: Did she intend to hurt her? (she quotes Nixzaliz) I was immediately sorry I hurt her and I put ice on her. She overreacted without intent to cause harm. THERE'S A WORD IN THE LAW WHEN PEOPLE DON'T SEE WHAT A REASONABLE PERSON DOES: NEGLIGENCE. "should've known". She should have and she didn't. That is the term that applies to Nixzaliz Santiago.
(Mullin started her closing argument at 10am. It's now 2 pm. With the exception of the bathroom break, she's been addressing the jury for 4 hours)
Mullin contd: In 3 weeks you'll be on to your lives. But nothing is more important in the life of Nixzaliz Santiago. (Dwimoh had objected when Mullin said 3 weeks) Do not compromise! Do not surrender your genuinely held views! Look at the science exhibts in this mother's case. This is a matter of to much importance. Mullin ended her closing argument.
Judge DiMango breaks for lunch and tells everyone to come back at 3pm- 3:20pm. After lunch, when everyone comes back into the room, the chair that Nixzmary was tied to every day was standing atop a desk in front of the prosecution's table. Also on the table were Nixzmary's Donald Duck pillow with her blood stain running down the middle, and other things.
There are three sets of benches in the courtroom. Benches on the left hand side of the room, closest to the jury box. Benches in the middle of the room, in back of the prosecutor's table. Benches on the right hand side of the room, in back of the defense table.
The defense attorney, Kathleen Mullin was standing in the aisle between the right and middle benches. A group of people in the room were coming over to her and congratulating her on her closing argument! Mullin was smiling and they were telling her what a great job she did. I heard Mullin say, "don't cry". When Mullin said that, I turned my head over to the right to look at the group that was surrounding her. Mullin's mother was crying. Mullin then said, in a how dare you voice,
"why are you crying"!!!???
The group stared at her mother who didn't say anything. Silence."why are you crying"!!!???
Mullin asked again, in an outraged voice. As the group stood there staring, still, her mother didn't say anything. I thought: some comfort you are! I kind of felt bad for the old lady, being called out by Mullin in front of everyone. For a second, I thought Mullin was going to beat her mother!"Why are you crying"!!!???
Mullin asked again. Finally some girl chimed in, "because she's proud of you". Well that seemed to shut her up because then she backed off of her poor mother. Then Mullin said, "if the jury only sees you crying"! I thought, "is that all you think about"? Her mother put her right hand up to the side of her daughter's face. You could see in her eyes that she was proud of her daughter. It was a tender moment. A Kodak moment. Anyway, the group continued to surround Mullin, smiling and congratulating her.I had some pretty mixed emotions about what I was seeing. I'm not going to dance around the fact that I respect Kathleen Mullin as a lawyer. She's a brilliant lawyer and she deserves to be recognized. To be fair, looking at it from a neutral, strictly legal argument perspective, Kathleen Mullin's closing argument WAS brilliant. It was a crowning jewel of a closing argument. Defense attorneys, in general, are not bad people. They're just doing their jobs. Mullin didn't kill anyone. She's just doing her job, what the constitution requires of her.
To many people can't differentiate between the criminal and the attorney. They treat them as one in the same and take all of their anger for the criminal, out on the attorney. The attorney and client are not one in the same. In reference to the attorneys, nobody is saying that you have to hold their hands and be their best friends. No. You don't have to even so much as look at them if you don't want to. But what people shouldn't be doing is harrassing these attorneys for doing their jobs. Put the anger where it belongs: on the criminal, not on the defense attorney.
In this country, we don't just arrest people and put them in jail without a trial. The United States Constitution says everyone is entitled to a lawyer and a fair trial. You can't say that you believe in the Constitution, that everyone is entitled to a lawyer, but then jump up and down and start screaming when an actual lawyer comes along to do the job! I always hear people say, "what kind of person would defend a baby killer"? My response to that question would be: what kind of a person would agree for a baby killer to be defended? Isn't the person who agrees for the killer to be defended, just as bad as the lawyer doing the defense? The fact of the matter is, if you say you believe in the Constitution, that everyone is entitled to a lawyer, then YOU are in fact, agreeing that baby killers should be defended by lawyers. As such, you shouldn't have a problem with the defense lawyers doing their jobs.
I remember during Nixzmary's step-father, Cesar Rodriguez's trial, I hated his lawyer, Jeff Schwartz, just for the fact that he was Cesar's lawyer. I understand the hatred because I felt it myself. I would not even get into the elevator with Jeff Schwartz. I would wait for the next one to come, even if it took a whole year because it was the end of the day! Now that it's all over and I can look at things objectively, I see that the lawyers were just doing their jobs.
That being said, I thought what was happening in the room was in bad taste. You have to remember that this is the room where a MURDER TRIAL for a 7 year old child is taking place. Kathleen Mullin is the attorney for the killer, so to speak. (Santiago could've prevented her daughter's death but choose to leave Nixzmary in harm's way.) To congratulate the killer's attorney, a couple of feet away from where Nixzmary's clothes were lying was just not right. The torture chair was there, her red sweatsuit that she died in was lying there on the table. I felt that if they wanted to congratulate her, they should've done it out in the hallway. And what exactly were they congratulating her for anyway? That she did such a brilliant job that she just potentially helped to get a baby killer off the hook??? Is that what they were congratulating her for? Looking at all of them smiling, surrounding her and congratulating her, I thought I was in the Twilight Zone. It was like looking at a scene straight out of The Garden Of Earthly Delights by Hieronymus Bosch. It was like looking into another dimension, right into Hell, with the lesser demons congratulating Lilith. To be quite frank, what I was witnessing could only be described by one word - obscene.
The lead D.A., Ama Dwimoh, did the prosecution's closing argument. The sentences attributed to Dwimoh are not exact quotes because some words were left out due to my not being able to write them down fast enough. For the most part, what you're reading were Dwimoh's words. I'll be using a colon ":" to indicate she's speaking.
The D.A. started by saying, "child abuse".
Dwimoh put up on the gigantic projector screen a photo of Nixzmary graduating and left it up there. It was like Nixzmary herself, was looking at everyone in the room, was witnessing her own mother's murder trial.
Dwimoh said: When you're 7 years old, who do you go to? How do you get help? Who's there to protect children? With parents, children, come first.
(defense lawyer, Sammy Sanchez, objected to Nixzmary's photo being left up on the screen. I think he said it was inflammatory. The judge overruled him and allowed the photo to stay up.)
Dwimoh contd: the law recognizes the duty upon parents to get medical attention.
(then Dwimoh takes down the graduation photo and put up another photo. This one was a split screen photo. On the left hand side of the photo, it showed a young looking, 5 year old Nixzmary, dressed in white graduation gown and holding a white graduation cap. On the right hand side of the photo was the crimescene pic. It showed a 7 year old Nixzmary lying dead on the wooden floor. Her head was turned to her left. Her black hair was pulled back in a ponytail. She had two raccoon-like black eyes. Her face was hollow and sunken in from being emaciated. Her mouth was slightly opened. She was naked from the waist up wearing only a pair of red sweatpants. She was so skinny that her body fit into half the sweatpants. Her right hand was placed on her chest and her left hand was sprawled out onto the floor. She was so thin you could see bones through her skin. Her shoulder blades were jutting out. She was wasted and emaciated. Only 36pounds, the weight of a 4 year old. She literally looked like an Aushwitz victim, and that's not something that I say lightly. This photo was disturbing and has always disturbed me even more than the autopsy photos. After Cesar's trial, sometimes at night, I'd lie awake in bed and see it in my head. The photo is haunting. Some of the people in the audience who had never seen it before were staring at it and wouldn't look away. I knew this would be the last time I would ever see this photo of Nixzmary how she looked last, so I stopped writing and looked up. Gruesome as it was, I felt I had a duty to look. To not look away and ignore her so long as she was on that screen. I also wanted to memorize every detail of the photo. Since this would be the last time I would ever see Nixzmary, I wanted to remember her. Not just the good but the bad also.
The D.A. contd: On Jan.11th. Nixzmary was unrecognizable.
(then Dwimoh put up another photo. It was a split screen photo. On the left hand side of the photo was Nixzmary graduating. On the right hand side of the photo was a close up of the crimescene picture of Nixzmary's head, turned to her left. Under her head was her red sweatshirt, bunched up as a makeshift pillow. You could see her two black eyes. I made a quick sketch of it.)
Dwimoh contd: She (Nixzaliz) doesn't even remember when she was born?? about 7 or 8?(she's referring to when Nixzaliz was at the precinct and was asked how old Nixzmary was. She answered 7 or 8) She just doesn't care.
(Dwimoh put back up on the screen the split screen of Nixzmary graduating and the crimescene pic of her lying on the floor. Dwimoh was really playing with people's emotions by putting up all of these pictures. Putting them up is designed to emotionally affect people and it was certainly doing that, at least with me)
Dwimoh contd: she's an instigator, a deflector. The last thing she ever was was a mother. Nixzmary wasn't given the opportunity to have someone in the emergency room save her life. She didn't die of natural causes or disease. She was murdered! How she lived is how she died.
: When Ulbis Rivera called 911, the police responded in 3 minutes. Nixzaliz was planning her defense the moment she knocked on Rivera's door.
: When Nixzaliz went to the hospital, (during the miscarriage in late November) the box was checked off "nope" to domestic violence.
(Dwimoh puts up a photo of Nixzaliz)
: Not one bruise. There's only one victim, Nixzmary.
(she then put back up the splitscreen photo of Nixzmary graduating and the crimescene pic on the right)
(Defense lawyer, Sammy Sanchez once again objects to the inflammatory nature of the photos being left up on the screen. He was right. Judge overruled him again)
Dwimoh contd: by her non-actions, when we look at Nixmary this way, we see her, her actions. So wanton. So callous. At the time she should've sought medical attention, she was cleaning up, preparing food, taking care of the babies and went to bed with Cesar!
: Rivera said she was wearing a white sweatshirt and sneakers at 4:15am when she ran up there. During the time Nixzmary layed unconscious, she was doing other things. November 2005.
: She's a self centered manipulator, not concerned with anyone but herself. Tries to minimize her actions.
: In her oral statement to Det. Valentine, she said she hit her daugher. Got bruised. My daughter did bad things. She blamed Nixzmary and lists all the terrible things Nixzmary does! She agreed with the punishment. She looked the other way.
: The defense called A.C.S. Everyone there was fired or suspended! She (acs worker) described Nixzmary as quiet and well behaved.
: She (Nixzaliz) blames injury on the forehead on Cesar. (The prosecution is blaming Nixzaliz for the gash to Nixzmary's forehead but they KNOW that it's Cesar who did it. Nixzmary's little sister Selena even told ACS, when they came to the school, that Cesar caused the gash to Nixzmary's eye. The prosecution is looking to win the case so the more they can pin on Nixzaliz, even if Cesar did it and not her, the better for them.)
: Det. Valentine remembers Nixzaliz said she hit Nixzmary. Nixzaliz acquieses. Then she says, yes I pushed her when I saw her do something bad. Nixzaliz said it later develops into a black eye, then spreads to the other eye. Sampson said they're fresh, hours to days old.
Dwimoh contd: Ulbis Rivera asked Nixzaliz, why if Nixzmary drowned, did she have clothes on? Nixzaliz said she dressed Nixzmary and said the marks on her she did to herself!
: We know on Nov. 29th at the hospital, she had a gash over her eye. When ACS comes to visit, they came for child abuse and educational neglect. She (Nixzaliz) knows how Nixzmary's injuries were sustained. Being the deflector that she is, she tells ACS of the fetus in the jar. So what does the ACS worker do? They stop their investigation. "NIXZALIZ IS CRAZY LIKE A FOX. SHE'S SLY." (When Dwimoh said that, jurors 2 and 3, two young black girls, started bending over laughing and covering their mouths in the jury box. Dwimoh, seeing that she got a reaction out of them, kept repeating it, "crazy like a fox!, crazy like a fox!" she said, with attitude in her voice.)
(There's a bench conference. After the bench conference, Dwimoh took the photo of Nixzmary down from the projector screen)
Dwimoh contd: Vanessa Rhoden (ACS worker who was called to school to investigate Nixzmary's gash) said she only saw the gash. Orlene Cummings (ACS supervisor) said she lifted up everything and saw nothing.
: The blood clot from her vagina(Nixzaliz's miscarriage) she brings to the hospital for them to see. Nixzaliz is crazy like a fox!! (jurors 2 and 3 again start bending over laughing, unable to control themselves at Dwimoh's statement.)
(Dwimoh now puts up another photo of Nixzmary showing the gash over her right eyebrow with the stitches still there. They never took Nixzmary back to the hospital to get the stitches removed. She died with them) Dwimoh contd: Wetli testified that this injury to the forehead could've resulted in a permanent scar. That's what's called, "protracted disfigurement".
: When they restrained Nixzmary with the rope, the bungee cord. The ligature mark on her ankle, she blames Nixzmary saying she caused it because she was moving around!!! (the bungee cord was tied to Nixzmary's ankle and when Nixzmary would move her foot to try and get loose from the bungee cord, the cord would cut into her flesh. She wound up getting a very deep ligature mark on her left ankle) Nixzaliz said they tied her up at night because they were afraid she'd hurt her siblings. She blames Nixzmary for the injury on her ankle, saying she did it to herself! She agreed it was a good way of keeping her in place. That injury (ligature mark on ankle) caused her substantial pain. She never took her to a doctor. That's child abuse. She's guilty of unlawful imprisonment. She had a depraved indifferance to a vulnerable 7 year old. Defendant thought she could get around duty of a mother to care for Nixzmary. She was simply unwilling to get help.
(Dwimoh now starts talking about starvation): At autopsy she was 36 pounds. (weight of a 4 year old) She was in a medically compromised state.
: The injury to her head was just another injury. What made it fatal is that she wasn't taken to the hospital. If Nixzmary had received medical attention, she would've lived.
: She hardly ever checked Nixzmary's body. To busy taking care of the house.
: What is the medical evidence? Sampson said she got the subdural hematoma on Jan.8th. She had no idea if Nixzmary would exhibit symptomology. Nixzaliz was well aware of her daughter's condition. By not doing something, that's depraved indifference. Sampson said Nixmary died on Jan.10th and was unconscious for hours. Although the subdural hematoma was inflicted on Jan.8th., on Jan. 9th, they were all at Target. She says they're (bruises?) hours to days old. Nixzmary was not at Target. Somewhere on the 10th. the symptomology (moaning and gasping for air) occurs around the 10th. Sampson said she had focial bronchial pneumonia caused by respiratory depression.
: Where Wetli and Sampson differ is for how long Nixmary was dead. It doesn't matter how long Nixzmary was dead. It matters is how long Nixzmary was alive. You don't have to be a rocket scientist to know that if you're little girl looked the way Nixzmary did, gasping for air, unarousable, YOU GET HELP!
: She provoked him. The beating begins before he takes her to the bathroom. She said, (to Cesar) "go ask Nixzmary tell the truth" (telling Nixzmary to tell the truth if she broke the printer) He puts her head under ice cold water. She says to Cesar, "stop it", as if that's gonna stop him! (Dwimoh says sarcastically) He takes Nixzmary and leaves her on the floor, naked and wet. While this is all going on, she (Nixzaliz) knows what's going on. (Dwimoh then says that's it's only 30 feet from Nixzmary's bedroom to Nixzaliz's bedroom.)
: There's no evidence Cesar went back in there and bound her with duct tape.
(Here's where Dwimoh is wrong. There is evidence. Nixzmary had white flaky residue on the back of her neck that the prosecution's own medical examiner said was consistant with duct tape residue. It was white because it was fresh! There was a wad of duct taped lying atop the bathroom garbage pail, so we know duct tape was recently used. Sampson herself admitted that some of Nixzmary's bruises were only hours old, so there is evidence. Dwimoh admitting that Nixzaliz couldn't hear Nixzmary's screams because she was duct taped would only help the defense's case so she had to say there was "no evidence" although the evidence was on Nixzmary herself, the duct tape residue on her neck. I'm interested in the truth, not concealing it)
Dwimoh contd: the last person with Nixzmary was her mother. Where was all the d.n.a.? In the bathroom. The pink towel with Nixzmary's blood on it. She leaves her in the tub of warm water. Leaves her there because the baby was crying. Pink towel in the bathroom had Nixzmary's blood. duct tape- Nixzmary (dna), sweats in the tub--Nixzmary (there was a pair of forest green sweatpants, balled up, and soaking wet in the bathtub)
: In Nixzmary's room was the white rope (used to tie the chair to the radiator and tie her outside doorknob to another doorknob to prevent her from escaping), the chair, the litter box, the Donald Duck pillow, her blue belt, the duct tape with her d.n.a. the blue towel, comforter that had 5 places where her blood was at. Nixzaliz was well aware of what was going on.
: The suds in the tub. She's been dead for hours before Rivera comes. She'd been dressed (Nixzaliz in white clothes and sneakers), there was a tub of water, and there were suds. "IT WAS CLEAN UP TIME"! Why else would she tell Rivera the baby drowned?
: The defense wants to argue that Rivera is a liar. She has no motive. They have the nerve to bring in the reporter from the Daily News! She was there to write a story. She (reporter) said, we won't print her name (re: to the reporter telling Rivera they won't print her name in the paper) then they put her face on the cover of the Daily News! (even though DN told her they wouldn't use her name- they didn't, they just put her pic on cover of Sunday paper!)
: Depraved indifference manslaughter. It's a fact that Nixzaliz instigated violence against her daughter. After she took the yogurt, the printer, she knows her husband is enraged but she still goades him on. She says, "ask my daughter about it; just say the truth". She knew he would severly punish Nixzmary. She said Nixzmary was the only one who gave problems. She failed to perceive the risk that Nixzmary would die?? She wasn't that stupid!!
: I want you to look at a depraved individual in terms of her mind set. She was well aware that something was wrong. Aware she'd lose Nixzmary because of the moaning and wheezing. But does she call for an ambulance, run out of the house to try and get help??? ........(?) that behavior is more criminally negligent homicide. That's depraved indifference murder! She tells you step by step. Knows exactly what's going on, how she's beaten. Why didn't she run out of the door to get help?? She heard Nixzmary's moans. She knows how her daughter was being treated. She participated. She disciplines that same night, by doing nothing. Her conduct: wanton, insufficient of moral concern for the life of Nixzmary. To do nothing, you'd have to say, she didn't see or hear. We know that's not true.
: Why did she let beautiful little Nixzmary die? The only answer is depravity. She just didn't care. Utter disregard for the value of Nixzmary's life! We all know she was a victim of child abuse and this was present every step of the way. She stood by as Nixzmary was stripped naked.
: Wetli said there was bile in her (Nixzmary) gallbladder, meaning she ate.
: While Cesar was in the bathroom, the last beating takes place AFTER the subdural hematoma was inflicted. She turns her back on Nixzmary. She knew Nixzmary was in the hands of an enraged man. She watched as he took the battered body of Nixzmary to the floor. After she checks on her later, Nixzmary's stomach was moving. She said, "mamita". Nixzmary tried to say something. She couldn't understand. If she really wanted to warm Nixzmary up, why'd she sprawl her out on the floor? There were 2 beds! (to be fair, Nixzmary was dressed in sweats, wrapped in blankets and put on the floor next to the radiator because the radiator would've warmed her up more quickly) Look at all the injuries on Nixzmary's body. Nothing hurt more than when she yelled out for mommy and mommy didn't come. We'll never know how Nixzmary felt in her dying last hours. It takes a wicked and inhuman mind to be so callous and brutal, to turn your back on a child!
: She asked the detective throughout the day, how's Cesar? She's upset that she has her menstraul cycle because she wants a baby girl! (at precinct, Nixzaliz told Det. Valentine she was upset she had her period because she wanted to give Cesar a daughter)
: It's hard to imagine that that kind of evil truly exists. That evil existed for Nixzmary Brown. Find her guilty of murder in the 2nd degree. She knew how her daughter was being treated. She just had to care! She choose not to, not because she didn't know, she didn't care!
: During the summation, they said Cesar duct taped Nixzmary. There's no evidence. (actually, there is via. the duct tape residue on her neck) They say he kicked her. All the blood is at the top of his pants. Follow her words. She never says Nixzmary was duct taped or kicked about the body. Remember Nixzaliz appeared in a white outfit. The M.E. talked about injuries to the inside of her lip. IF SHE HANDLED NIXZMARY, SHE WOULD HAVE HAD BLOOD ON HER. Nixzaliz thought if she blames Cesar for everything, I'm not in trouble. When asked, did you think you would lose her? she said, yes. (on video statement)
: The most interesting (?) of Wetli's testimony: he said on direct that the subdural hematoma was inflicted 8-10 hours prior to death, but when I reminded him on Cesar's case, he said between 5-6 hours and up to 2 days. His testimony changes depending on who calls him.
: She was unconscious. Had focial bronchial pneumonia. It makes sense.
: Go to actions and non-actions. When it did matter, she choose not to do anything. She had planned not to be held accountable. She had a wicked, inhuman state of mind, demonstrated by acts of wanton, deficient of moral concern. She abandoned her. Turned her back on a 7 year old lying on the floor. Utter callousness. Failure to get prompt medical attention. Even if she didn't want her dead, it's still a grave risk of serious physical injury. If a mother doesn't protect her child, who will?
Nixzmary was 7, a victim of abuse. At the end of the day, it wasn't up to ACS or the neighbors to do anything. The only person who had a legal duty to do something was her mother. (photo graduation and then black eyes) It's not like Nixzmary had no injuries and she just came home and her daughter was unresponsive. If that is not depraved indifference, what is? (Dwimoh now starts yelling) SHE'S SEVEN!! SHE'S A BABY AND SHE NEEDED HER MOTHER! She was forced to use a litterbox, bound!
(Dwimoh now picks up Nixzmary's red sweatsuit that was lying atop the table. This time she does it without the usual latex gloves. Dwimoh whispers, "that's Nixzmary")
: I ask you to let Nixzmary know......"OBJECTION"! (said the defense attorney)
(Dwimoh now points at Nixzmary's picture): No scientific.... why and how this little baby..... Nixzmary was never given a chance. How she lived is how she died. To look like that, to have to deal with all of this, that is depraved indifference to human life.
: Did you have faith? (making reference to when Nixzaliz was asked if she thought she'd lose Nixzmary and she replied, "yes, but I had faith") FAITH THAT SHE WOULD GET OFF! She didn't know that by her non-actions that she'd be held responsible for the death of Nixzmary. Nixzmary didn't come in first or last. She just didn't matter. She disregarded the life of 7 year old Nixzmary Brown.
Dwimoh's closing argument ends.
There's a bathroom break. It's 5pm. While waiting for the Spanish translator to return, a female reporter is putting on make-up in the room. (6a2ee2)
Judge DiMango told the jury that she won't charge them now, and that at 9:30am to come back. While DiMango telling the jury this, the reporter is putting on eye make-up. I was kind of shocked. AND SO ENDED ALL THE TESTIMONY IN THE MURDER TRIAL OF NIXZMARY BROWN'S MOTHER, NIXZALIZ SANTIAGO.
Some personal thoughts: After 3 long years, we've finally learned a little more today, about the night Nixzmary died. I'm interested in the TRUTH about Nixzmary's life, regardless of the source. As long as there's evidence to back it up. Despite how anybody feels about the defense team, they offered clear evidence that Nixzmary was duct taped and beaten the night she died. THAT'S A FACT. There was fresh duct tape residue on her neck . Circumstantially, there was a wad of duct tape lying atop the bathroom garbage. We know for a FACT that she was beaten after the blow to the head. The prosecution's own M.E. said some of her bruises were only hours old. The prosecution had to argue against this because their job is to WIN the case, not get to the truth. This info. makes Santiago look a little less guilty so of course they argued against it. But the claims that Nixzmary was duct taped are backed up by cold, hard facts.
Does this change anything about Nixzaliz Santiago's culpability in her daughter's death? NO. Even if she didn't hear Nixzmary crying because she was duct taped, she still heard Nixzmary crying plenty of other times in the past. She heard Nixzmary crying when Cesar was beating her in the bedroom after he confronted her about the printer. She heard Nixzmary crying when Cesar was torturing her in the bathroom. She knew Nixzmary was being raped. She knew Nixzmary was being kept locked in a room, tied to a chair every night, beaten everyday. She knew all of this. So despite the fact that she didn't know Nixzmary was crying when she was in the room with Cesar, Nixzaliz still knew about everything else and left her daughter in harm's way.
The simple fact is, Nixzmary Brown did not have to die. She would be alive right now, if only her MOTHER had helped her. Her little body was dumped in a hole in the ground, simply because her MOTHER wouldn't help her.
Nixzaliz knew the shelter system. After she got pregnant with Nixzmary, she went to a shelter near Shea Stadium. When she got up to Connecticut, she again entered the shelter system. When her and Cesar got thrown out of her brother, Luis Santiago's apartment, she again entered a shelter. So she knew the shelter system. Her lawyers are claiming she didn't want to go to a shelter because she had 6 kids. If anything, in the shelter system, having 6 kids means you get an even BIGGER apartment than everyone else! So that's no excuse.
Imagine what it must have been like for little Nixzmary in that room, that night. She's 7 years old and her head was just bashed into a bathtub faucet. She's crying for mommy and mommy wouldn't come back. Mommy left her in the bathroom to be beaten. Now, she's naked and trapped in a room with Cesar. She's duct taped so she can't scream out. She's being punched and pounded and kicked by Cesar. We'll never know what else he did to her exactly in there. What was going through Nixzmary's mind when she was being beaten to death? My guess is, she was probably thinking the word, "mommy". She must have wanted to call out for her mother, but couldn't because of the duct tape. Even if she could've called out, mommy wouldn't have helped her anyway. Her tears must have streamed out from her eyes and onto the gray duct tape over her mouth. Duct taped into silence.
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