By: Dovesblood
Wednesday, November 12th. 2008 was the sentencing in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago. It was being held in the Ceremonial Courtroom 1, located on the second floor of Brooklyn Supreme Court. That same day, a murder trial for men accused of killing a New York City Police Officer and shooting another one, was going on in the courtroom right next door. The hallway was filled with cops in uniform coming to show support. They were everywhere, even in the bathrooms.
Inside the courtroom, the lead D.A., Ama Dwimoh (ja-mo) wore a black skirt suit that was pin-stripped. Asst. D.A., Linda Weinman, wore a beige skirt suit with a herringbone black design on it. Asst. D.A., Anthea Bruffee, wore a red skirt suit. The defense lawyer, Sammy Sanchez, wore a black suit. Defense lawyer, Kathleen M. Mullin wore a purple skirt suit with black boots that were going all the way up to her knees. Present in the room was Kelly Casey, an Asst. D.A.. who works for Ama Dwimoh. She interviewed Nixzmary's siblings right after she died. She was wearing a light gray suit. Nixzaliz's mother, Maria Gonzalez, was sitting on the defense's side of the room (on the right hand side) in the second row. She wore a midnight blue sweather. Cesar's attorney, Jeffrey Schwartz, was also in the room. He was sitting in the back row on the left hand side of the room. The NY1 reporter, Jeanine Ramirez was chatting with him. Judge Patricia DiMango's normal court reporter, a white female named, Donna, was sitting in the audience. Second row on the left hand side. She wasn't working but I guess she wanted to be here for the sentencing.
When the defense attorney, Kathleen Mullin, came into the room she was wearing black boots that went all the way up to her knees.
Reporters from the Spanish television channels NY1 Noticias, Telemundo and Univision were there. Other media outlets included News 12, Newsday, NY 1, Associated Press, 1010 Wins, as well as a host of other TV channels and newspapers. The two reporters from the Daily News and the NY Post who normally cover this case were next door covering the cop killing case.
The whole room was filled to capacity. People that weren't normally there were present. Sargents and guards were spread out all over the room.
When Judge DiMango came in she was wearing her black judge's robe and underneath, a black dress with a low v-neck, gold earrings and a gold necklace. I was shocked when I saw her dressed in black. Usually, her outfits are a little more eccentric. I guess she was toning it down for today.
When they brought Nixzaliz out she was wearing a light gray jumpsuit with the letters "DOC" written in white on the back. She looked really bad. Her hair was pulled back into a ponytail that was braided all the way down her back but it was uncombed for the morning. It was disheveled. Normally she wears regular clothes and her hair is always done in a bun or if she wears it down it's brushed. It was as if she already knew what was coming and just didn't bother to get herself together. She also had on a white hospital bracelet on her left hand. After the verdict last month, she's been in the psychiatric ward at a local hospital. She looked really bad compared to the way she normally looks. For the most part, Santiago's head was turned to her right, facing the Spanish translator, Migdalia, so no one really saw her face.
The judge started off by asking "is there any legal reason not to impose sentence"? The defense lawyer, Kathleen Mullin, said, "no".
Before the sentence is imposed, both attorneys from the prosecution and the defense side have a chance to address the judge to give their recommendations for sentencing.
The lead D.A., Ama Dwimoh, went first. There was a podium a few feet from the judges bench. Dwimoh stepped forward with her papers in hand to the podium. She was facing the judge and her back was to the audience. Dwimoh started off by pointing out that there were some errors on the pre-sentencing report.
1)She said that it says that Nixzmary was found at 5:26 am but it should read 4:31 am.
2)They have Nixzmary being dead at 7:47 am but she pronounced dead by EMS at 4:33am.
3) She was not transported to Woodhull Hospital but to the office of the Chief Medical Examiner.
4) For items recovered, it states "doorlock". It was actually the doorknob with twine, the chair with rope, pillow with blood, towel, litterbox with feces and blood.
After Dwimoh mentions these discrepancies in the pre-sentencing report, she goes on to make her sentencing recommendations.
While she was talking I was writing down what she was saying. I don't know shorthand so I was writing in long hand. I tried to take down as much of her words as possible but the sentences are not verbatim because there might be a few words missing due to my not being fast enough to record the. For that reason,
I'm not going to use quotation marks, I'll use a colon : throughout Dwimoh's speech
For the most part, what you'll be reading were Ama Dwimoh's actual words.
Dwimoh started off by saying that on October 17th, 2008 Nixzaliz Santiago was found guilty of manslaughter 1. She continued: On January 11th 2006 at 4:33am, the fatally battered abused body of Nixzmary Brown was discovered by the world. The truth of the systematic abuse and torture of Nixzmary Brown, a frail, 36 pound little girl. She was withheld the basic necessities of life like a bathroom. Continuously beaten, battered and abused. She was withheld medical attention by Nixzaliz Santiago her biological mother. What once was in the dark, unknown to the public has finally come to light. It now rests on you to do what is right and just by sentencing.... (?) this translates to the maximum consecutive term of incarceration.
:The defendant has NEVER expressed remorse, concern or responsibility for the inhuman treatment of a little girl who once called her "mommy". In the pre-sentencing report it states that she is capable of violent, heinous acts. She takes minimal accountability by constantly blaming Cesar Rodriguez. She's apathetic in regard to the death of her own daughter.
:The failure to get prompt medical attention, Nixzmary, naked, dying on the cold, wooden floor- all came from the words and mouth of Nixzaliz Santiago. She knowingly left her daughter gasping for air until Nixzmary Brown could no longer hold on for life. She ignored Nixzmary's pleas. She deprived Nixzmary Brown of a life to live. Nixzmary died knowing that the one person in her life she should be able to count on and rely on, didn't care. One person. She brought into the house Cesar Rodriguez, Nixzmary's stepfather. They didn't just fail her, they killed her.
She is devoid of humanity and morality.
:This case has never been of loving parents giving discipline but of violent inhumane treatment of a frail beautiful little girl named Nixzmary Brown. How she died tells us how she lived.
:No sentence imposed can bring Nixzmary Brown back to life or make up for the pain, agony and indignity in the house of Nixzaliz Santiago and Cesar Rodriguez. No sentence imposed can bring back Javier, Edward, Selena, Cesar Augustine and Cesar Gabriel, their sister back. No....(?) innocence of childhood. That loss the surviving children will live with everyday. No sentence will remove the trauma and scars etched in the minds of the surviving children...........(?) The children are safe and for the first time know what it means to grow up in a loving home.
(a reporter told me that another reporter told her that the children have been adopted by the foster parents who have been taking care of them. She said she has to confirm it before she can go on the air with it. Dwimoh is talking about a "loving" home. I'm wondering if Nixzmary's grandma wins the 250 million dollar lawsuit against the city, WHO CONTROLS THE MONEY FOR THE CHILDREN, the GRANDMOTHER OR CHILDREN'S NEW ADOPTIVE MOTHER AND FATHER? If it's their new adoptive parents, then that might be why they're so "loved". Because the FOSTER FAMILY HAS 250 MILLION REASONS TO "LOVE" THEM)
Dwimoh continued: Nixzmary Brown lived in a hell created and maintained by the defendant and her husband. The surviving children witnessed, by living in that home, inhumane treatment.
:The jury placed responsibility for Nixzmary Brown's death squarely on the shoulders of the defendant. She's never been held accountable for her actions......(?)Nixzaliz Santiago, by way of her actions is singularly and uniquely worthy of not only the maximum of 25 years but also the maximum consecutive sentences of additional crimes convicted of. There are certain crimes, that by their very nature, are so egregious, heinous, callous, devoid of morality or compassion that they are worthy of the maximum consecutive sentence of incarceration our law allows. This is such a case. Nixzaliz Santiago who's callous, violent, uncaring actions led to the death of Nixzmary Brown, her own 7 year old daughter.
:She's not deserving or entitled to compassion from the court at this hour of sentencing. This court re-affirms that children have a God given right to live free from abuse. Re-affirm that for Nixzmary Brown.
(at one point, Dwimoh said to Judge DiMango, "I ask you to let Nixzmary know....." and the defense never objected. Looking at the comment from a neutral perspective, that comment by Dwimoh, was emotional blackmail)
Dwimoh continued:Nixzmary, she called her "mommy". Let this 7 year old girl receive in death a small measure of what alluded her in life, - justice.
:Although there were six kids in that household, Nixzmary Brown never came in first, she never came in last. She just didn't matter. Let Nixzaliz Santiago know that Nixzmary Brown does matter. The journey for justice for little Nixzmary Brown now ends with you.......(?) Justice is the maximum term. Justice ends with you. Thank you.
Then Dwimoh walked back to her desk.
The defense attorney, Kathleen Mullin stood up from her desk and said that, "both me and Mr. Sanchez will be speaking briefly". (I tried to take down as much of Mullin's words as possible but the sentences are not verbatim and there are a couple of words missing due to my not being fast enough to record them. For that reason, I'm not going to use quotation marks but I'll use a colon: to designate that Mullin is speaking. I took notes in long hand. For the most part, what you'll be reading were Kathleen Mullin's own words)
Mullin started off by saying that she didn't script anything because she wants to address the judge and she's not playing to the media or people in the audience. (a direct shot at Dwimoh who did script a speech)
Mullin continued: I accept the jury's verdict. What I don't accept is the government's assertation that the government knows Nixzmary Brown, that they know the life she lived, that they know anything of Nixzaliz Santiago. To say that Nixzaliz Santiago is not worthy of compassion is an absurdity!! Nixzaliz Santiago suffered with her own reactions to the case. It's absurd for the government to accept.....(?)
:There's evidence in this case that the jury does not know about. Nixzaliz Santiago was abused by Cesar Rodriguez and in prior relationships. She has a learning disability.
:With respect for the application for you to sentence her to 42 years max, the law allows a great deal of latitude. The institution tells us that the law is meant to provide fairness, equality and justice. Justice applies to those convicted. It applies more strongly to those villified by public opinion and the press.
(D.A. Dwimoh objects. Dimango said, "please don't object" and to let them finish. When DiMango said that, I knew she was planning on sentencing Nixzaliz to the max and was just letting Mullin have her say)
Mullin continued: I'm asking you to consider the fairness against the sentence of Cesar Rodriguez. Cesar Rodriguez, the people acknowledge, beat Nixzmary Brown into the state in those photos. He created those injuries. He's serving 29 years. For the mother to serve 42 years, that betrays the underlying fairness aspect. Apply not only the law, apply justice and fairness.
When Kathleen Mullin finished addressing the court, the other defense attorney, Sammy Sanchez, got up to speak.
Sanchez said: Cesar Rodriguez was never charged under sub-section 4. Cesar Rodriguez was never charged with assault. The injuries Nixzmary Brown suffered didn't come from Nixzaliz Santiago, it came from Cesar Rodriguez.
(Sanchez made a reference to Nixzmary's little sister Selena saying "Cesar did it" about the gash over Nixzmary's eye and Judge DiMango said that Selena never said that when ACS came on Dec.1st. Technically, DiMango needs to get her facts straight. Here's what they're talking about. When Nixzmary showed up to school with a gash over her eye on Dec.1st 2005, ACS came to the school, interviewed her and her siblings and Nixzmary's little sister, Selena told them, "Cesar did it". At Nixzaliz's trial, during the ACS worker's testimony, Sanchez asked them what Selena told them. Ama Dwimoh objected to the ACS worker saying that Selena said Cesar did it. (caused the gash to Nixzmary's eye) Judge DiMango sustained the objection, preventing the ACS worker from testifying that Selena said that. That was evidence that was withheld from the jury. The basis for the manslaughter 1 charge is that the D.A.'s are saying that Nixzaliz caused that gash over Nixzmary's eye. The defense had proof that she didn't but were banned from introducing it in (via. the ACS worker saying what Selena said) because DiMango wouldn't allow it! That was a major mistake on the judge's part because the defense will probably use that decision as a basis for appeal. That DiMango never allowed them to defend their client against the Man 1 charge)
Sanchez continued: She's not a monster. She's had a tough life. She has intelligent deficiencies. She suffered at the hands of her father. Her father tried to set the house on fire. At the age of 22 , she had 4 kids. Her mother tells me she's always been dependant on men.
:Cesar Rodriguez caused those injuries.
:The mother of Nixzaliz Santiago wants to address the court. Will you allow it?
(DiMango said no citing that there are guidelines and notice has to be given to the opposing side. Technically, if the judge wanted to, she could've allowed Maria Gonzalez to speak)
Sanchez contd: She's never been arrested before. There's no assaults against the other kids. Cesar Rodriguez committed those.
:I'm asking you to have mercy and compassion for Nixzaliz Santiago.
Then Sanchez's speech ends.
DiMango asks if Nixzaliz has anything that she wants to say. Kathleen Mullin said, no.
Judge DiMango started off by saying that the jurors found Nixzaliz guilty of the following crimes: Manslaughter 1st degree, class B, violent felony by acting in concert with Cesar Rodriguez. Also guilty of 2 counts of assault, class D, Unlawful imprisonment, endangering the welfare of a child.
While DiMango was speaking, there was a tall, Hispanic female with short brown hair whose dating a black sargent in the building. She works for the courts and was sitting in the first row, crying. Tears were steaming from her eyes.
DiMango contd: I'm fully aware of the facts surrounding the brutal, inhumane death of Nixzmary Brown, the defendant's natural daughter. I've read the sentencing reports. I feel compelled to address the legal arguments. The prosecution wants each count consecutive......the defense.....(?)....to impose the maximum sentence.
:Apprendi vs. N.J., Blakely vs. WA. It's unlawful under New York law to do so. Supreme court in Apprendi heard .....(?) fact. Appellate court does not prohibit sentencing consecutively......In choosing approx. sentence within range. The defense says the defendant should be given less time than Cesar Rodriguez. .....(?) theory is based on her omission to act. In fairness she should receive less time. I find equal (?)without merit. These two assault counts warrant additonal imprisonment. Equal protection clause of the constitution offers equal not identical. Apprendi does not prohibit consecutive sentences.
(Then DiMango went on to say that after alot of "sleepless nights and much thought and consideration" she's come to a decision. Personally, I don't buy that statement for one minute. I think that from the moment this case was dumped in her lap back in March of 2008, that she had ALREADY DECIDED that NO MATTER WHAT THE JURY VERDICT IS, that she was going to sentence Nixzaliz Santiago to the max. To be fair, I think Judge Hall also decided the same thing. That no matter what, she was giving the max. For the record, Cesar & Nixzaliz could both burn in hell for all I care. I'm just pointing it out)
DiMango continued: the jury was presented with testimonial evidence of a chair, clothes, bungee cord, rope, a litter box, expert testimony, photos and a statement made by Nixzaliz Santiago. (DiMango also mentioned Nixzmary's "raccoon-like black eyes")
:Your 7 year old daughter, Nixzmary Brown, was subject to cruel and violent beatings by Cesar Rodriguez. In a small apartment where 8 people resided. Most of the bruises and marks were on her back and buttocks and legs. Most inflicted by Cesar Rodriguez. .....(?)......you were a witness to infliction. She was bound to a chair with duct tape, locked in a room,..(?) free to move about. Forced to defecate in a cat litter box. Nixzmary was isolated, bound and imprisoned with 5 children in the house. The ligature mark on her ankle was evidence of her trying to free herself. The black eye was caused by your pushing her to hard. Inside that house of horror, Cesar Rodriguez forced her head repeatedly under the faucet, under cold water. He left her in a cold room. Her bruised and battered, skinny, little body. She gasped for air, moaning and called for you two times until she died. You ignored her final and desparate call. You left a little 7 year old alone.
(DiMango goes on to say that the only reason she's being asked to give mercy to Santiago is because she's the biological mother)
:I'm not treating you with disparity because you're the child's natural mother. You may not have given the fatal blow but the jury found that it was within your power to help stop the effects of it. It wouldn't have been fatal had you sought medical attention. Nixzmary Brown wouldn't have died according to both medical examiners. You had a duty to act, you were the mother.
DiMango then moved on to the sentencing phase
: MANSLAUGHTER 1st. degree: 25 years, followed by 5 years post release supervision.
:ASSAULT 2nd degree (gash over eye): maximum of 7 years plus 3 years post release supervision.
:ASSAULT 2nd degree (ligature mark around Nixzmary's ankle): maximum of 7 years, plus 3 years post release supervision.
:UNLAWFUL IMPRISONMENT: 1 1/3 to 4 years.
:ENDANGERING THE WELFARE OF A CHILD: maximum of 1 year. (I think DiMango said that this 1 year sentence would run concurrent with the other sentences)
Each sentence is CONSECUTIVE.
Nixzaliz's head was turned towards her right facing the Spanish interpretator, Migdalia, so for the most part her facial expressions weren't seen. After the sentencing, they took Nixzaliz out of the room.
The judge told her lawyers, Sammy Sanchez and Kathleen Mullin that Nixzaliz has to sign the orders of protection against her children. Sanchez and Mullin were just standing there, their arms folded across their chest, coldly staring at DiMango. If looks could kill, she'd be one dead blonde with the looks those two shot her. These are permanent orders of protection that would prohibit Nixzaliz from contacting or visiting with her children for the entire length of her prison stay. Since she was just sentenced to 41 to 43 years in prison and will probably be there for the rest of her life, short of winning an appeal, she's permanently barred from contacting her children for LIFE! For the record, NIXZMARY'S SIBLINGS HAVE STATED THAT THEY WANT TO SEE THEIR MOTHER. Nixzaliz never came back to the room to sign the orders.
I hung around in the room for a little bit while everyone was filing out. When I went out into the hallway, the reporters were waiting around for the D.A.'s to come out and do a press conference.
When the prosecutors came out, the lead D.A., Ama Dwimoh, spoke. She said that Nixzaliz and Cesar were both held accountable for Nixzmary's death. Dwimoh also repeated something else that she had said on verdict day that stuck with me because of how true it was. She said that: Nixzmary Brown didn't come in first, she didn't come in second. She didn't even come in last. She just didn't matter. She didn't matter to Nixzaliz Santiago and Cesar Rodriguez. She also mentioned that the journey for justice for Nixzmary Brown is over.
The defense attorneys never came out into the hallway to do any press conferences.
Nixzmary's grandma and her spokesperson, Awilda Cordero, were in a side room located in the hallways, usually reserved for witnesses. After a while, they came out. Cordero did an interview in Spanish, then they left.
When I was downstairs at the desk collecting my camera (not allowed in the building so I had to leave it down there) I saw the defense attorney, Kathleen Mullin walking back into the building. She looked right over at me and our eyes locked. It made me nervous so I looked down and started fiddling with my camera. When I looked back up, Mullin was gone. That was the last time I ever saw her.
The media was outside. Some of them were by their news vans, reporting the story. I hung around for a little while outside, then afterwards I left.
When I was walking away from the building, I looked back at the courthouse. Brooklyn Supreme Court. A tall skyscraper of a building, made of green glass, that towers into the sky. It was exactly 1 year ago that I came here to start attending Nixzmary Brown's trials. I can honestly say that walking out of Brooklyn Supreme Court, I am not the same person that I was 1 year ago, when I first stepped into the building. Being a witness to the testimony of Nixzmary Brown's torture death, was life changing. Especially, Cesar's trial. I never thought in a million years that I'd be this emotionally affected by a little girl that I never even knew - but I am.
2008 has been one sad, tear filled year between Cesar and Nixzaliz's trials. I put my life on hold for a whole year to attend these trials. This has been one year that I will never forget for the rest of my life.
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