The Nixzmary Brown Chronicles

INDEX OF WEBSITE

2011-08-26T22:01:00.007-04:00

Welcome to Nixzmary Brown.Org!

Nixzmary Brown was a 7 year old girl who was starved to a skeletal looking 36 pounds, imprisoned in her room, kept duct taped to a chair, raped orally, forced to use a cat’s litter box for a bathroom, eat cat food, then finally beaten to death, her head bashed into a bathtub faucet, for taking a strawberry Jello pudding snack from her family’s fridge and over a broken computer printer. Her death caused an overhaul to New York City’s ACS (child protective services) system. Three years after little Nixzmary was brutally murdered, the Governor of the State Of New York, David Patterson, signed a law bearing her name to protect children. The new law says that the maximum punishment for torturing a child under 14 to death is life in prison without parole.

Introduction to Nixzmary Brown's Story

Nixzmary Brown biography:

The following biography was written by myself. It is the most complete biography of Nixzmary Brown's life, written to date. I'm going to be re-writing this bio. and adding in some additional information. Also the font will be lower cased in the future, making it easier to read.

The Short, Sad Life Of Nixzmary Brown

Who I am

A brief bio of who I am and how I came to document Nixzmary's story

Nixzmary Brown Mother's Pretrials:

The following blogs containing Nixzaliz Santiago's pre-trials are all a first hand account written by myself. Alot of these pre-trials were never covered by the New York newspapers. Reporters were in the room but articles were never written. You'll be reading about what the newspapers never wrote about. Everything topic spoken about in the room, from the beginning of the hearing all the way to the end of the hearing, is written about in detailed chronological order.

Pre-trial 1: Nixzaliz Defies Judge!

Pre-trial 2: Fired Lawyer Pestering Nixzaliz!

Pre-trial 3: Low IQ Made Nixzaliz Do Nothing, Says Lawyer!

Pre-trial 4: Cesar Juror Crashes Nixzaliz Hearing!

Pre-trial 5: Catfight! Nixzmary D.A. vs. Judge!

Pre-trial 6: Trial Date Set For September 3rd.!

Pre-trial 7: Defense - I Need Another Lawyer!

Pre-trial 8: D.A. Launches Sneak Attack!

Pre-trial 9: Nixzmary's Mother Was Jealous Of Her!

Pre-trial 10: Nixzaliz's Statements Falsely Translated!

Nixzmary Brown Mother's Trial

The following blogs containing Nixzaliz Santiago's trial are all a first hand account written by myself. Every topic spoken about in the room, from the beginning of the day, all the way to the end of the day, everyday, is written about in detailed chronological order.

Trial Day 1: Jury Selection

Trial Day 2: Jury Selection

Trial Day 3: Jury Selection

Trial Day 4: Opening Arguments; D.A.'s Case Weak Legally!

Trial Day 5: Police Lied About Nixzaliz Not Crying!

Trial Day 6: Crime Scene Detective & DNA Expert Testify!

Trial Day 7: Family Shops For Toys While Nixzmary Left Home!

Trial Day 8: Autopsy Photos Shown; Starvation Debate!

Trial Day 9: Time Of Death Debated!

Trial Day 10: Upstairs Neighbor Impeached Twice!

Trial Day 11: Nixzaliz's Police Video Played!

Trial Day 12: Petition To Subpoena Reporter!

Trial Day 13: Upstairs Neighbor & Reporter Testify!

Trial Day 14: ACS Workers Testify!

Trial Day 15: Defense Medical Examiner Testifies!

Trial Day 16: Redacting Paperwork!

Trial Day 17: Closing Arguments: Duct Taped Into Silence!

Trial Day 18: The Jury Charges!

Trial Day 19: Jury Deliberations: Day 2!

Trial Day 20: Verdict Day!

Trial Day 21: Sentencing Postponed!

Trial Day 22: Sentencing: The Journey Ends

Nixzmary's Mom & Stepdad's Prison Addresses!

Nixzmary Juror Names!

Current Nixzmary Brown News

8-26-11 Nixzaliz Santiago gets 7 years knocked off her sentence!

I spent 3 hours in Nixzmary's apartment!

NY Governor signs Nixzmary Brown Law into effect!

New York Senate approves Nixzmary Brown Bill!

Nixzmary ACS Supervisor, Orlene Cummings Retires With Pension!

Defense Lawyer, Jeffrey Schwartz, Defending Another Murderer!

Nixzmary picked dandelions in the park!

Nixzmary's Law - Different Bills

Legal Disclaimer

My Notes For Cesar Rodriguez's Trial

My notes for Cesar's trial are not at all detailed like my notes for Nixzaliz Santiago's trial. Some are only about a paragraph or two. I wasn't taking notes every day. I'm still in the process of transferring the notes over here.

Detective Valentine Makes Faces At Schwartz!

ER Doc Who Treated Nixzmary Shows Up With Lawyer!

Defense Doc Says Nixzmary Wasn't Starved!

Nixzmary Mom & Dad Sitting At Table Together!

Officer Guards Door As Snitch Testifies At Nixzmary Trial!

Nixzmary Brown stepdad cursed out at weapons sentencing!

N.Y. Daily News Coverage of Nixzmary Brown's Murder

I'm still in the process of including more newspaper links.

Bound, Beaten, Starved, Killed: Stepdad & Mom Face Murder Rap In Death Of Girl, 7

Please Save Me! Girl Begged Kin

Desperate Effort In Vain: School Worker Begged ACS To Save Abused Girl

The Evil In Daddy's Dark Eyes

Supervisor: How We Botched Case

Inside Nixzmary's Case Files

The Awful Lies At Death's Door

Nixzmary Ma Shocker: Tells Cellmates She Feels Bad - For Dad!

Nixzmary Brown's memorial websites

Nixzmary's Myspace page

Nixzmary's Find A Grave page

Nixzmary's Facebook

Nixzmary's Twitter

Nixzmary Brown Law

New York Governor signs the Nixzmary Brown Law!

Nixzmary's Law - One of The Current Bills!

Nixzmary's Law - Original Version

Potential laws that could've saved Nixzmary Brown!

Nixzmary in the Urban Dictionary!

The Urban Dictionary is a dictionary of City street slang. Guess who made it into the dictionary? I'll give you a hint: it starts with an "N" and ends with a "Y"

Nixzmary's dictionary definition

WWW.CHILDABUSEHEADLINES.COM

Nixzmary Brown mom gets 7 years knocked off sentence!

2011-08-26T22:00:00.003-04:00

By: Dovesblood

8-26-11

The mother of Nixzmary Brown, Nixzaliz Santiago, just got 7 years knocked off her sentence by a New York appeals court! The reason for the reduction is the courts dismissed one of the assault counts against her that carried 7 years prison. They ruled she was convicted of an assault that she was not indicted for. The assault she was convicted of but not indicted for was tying Nixzmary to a wooden chair. Santiago was originally sentenced to 43 years. She’ll now be serving 33-36 years.

Santiago was convicted of manslaughter and two counts of assault:

1st ASSAULT CT: WOODEN CHAIR WITH BUNGEE CORD The first assault count was for tying little Nixzmary up to a WOODEN CHAIR with a bungee cord. Every time Nixzmary would move the cord would cut into her ankle causing her pain & leaving the area bruised. There were autopsy photos of dark ligature marks around her ankle.

2nd ASSAULT CT: GASH OVER EYE & PUNCHING IN THE EYES WITH FISTS The second assault count covered two things: gash over Nixzmary's right eye and punching her in the eyes with fists. Nixzaliz Santiago was convicted of assault for both.

Here’s the background on those injuries: It was Nixzmary’s stepdad, Cesar Rodriguez, who caused the gash over Nixzmary’s eye. I think Cesar slammed Nixzmary’s head into a windowsill causing that gash – but I’m not sure. It’s been over 3 years so I’d have to recheck my trial notes for exactly how that injury happened. But it was definitely Cesar who caused it. On Nov. 29th 2005, Cesar brought Nixzmary Brown to Woodhull Hospital to have the injury stitched up. (they never brought her back to have the stitches removed so Nixzmary actually died with those stitches) On Dec. 1st 2005, Nixzmary showed up to school with the gash over her eye. ACS was called. When they questioned Nixzmary's siblings about how her injury occured, Nixzmary’s older brother, Javier Batista, lied for his evil stepdad and told ACS Nixzmary fell down. When ACS questioned Nixzmary’s little sister, she told them, “Cesar did it”.

In reference to the black eyes, it was Nixzaliz Santiago who did in fact punch little Nixzmary Brown after she had played a prank on one of her baby brothers.

The main reason Santiago got more time was the judge tacked on an extra 14 years for two assault counts.
One of them was stemmed from Nixzmary being tied to a chair with a bungee cord.
Yet the appeals court found that Santiago was not indicted for that. Instead, the grand jury hit her with an assault rap for smacking the girl with a ruler, a source said.

Quote by: NY Daily News

But the panel tossed one of the assault convictions, saying the acts described in the conviction do not match the charges in the indictment, according to the Aug. 23 decision.
Santiago was found guilty of injuring Nixzmary by tying her to a chair with a bungee cord, but the indictment charged Santiago with causing injury with a ruler.

Quote by: NY Post.Com

As it turns out, Nixzaliz Santiago was never indicted for tying Nixzmary Brown to the wooden chair with the bungee cord. Because she was convicted of it, the courts threw the conviction out because it didn’t match the indictment.

Despite the article saying that the indictment charged Santiago with hitting Nixzmary with a RULER - there was no ruler. I’m surprised the courts didn’t pick up on that and throw the 2nd assault charge out too, since Santiago was not convicted of assault with a ruler. The assault happened by way of her fists to punch Nixzmary in the eyes.

I predicted way back in 2008 that one of these charges would be dismissed on appeal. I did think it would be this assault charge for the gash & punch – and not the 1st one that actually was dismissed.

Nixzaliz Santiago will be in her late 60’s by the time she’s released from prison.

In the end, this ruling doesn’t mean much. Nixzmary Brown is still gone, way before her time. A beautiful little life snuffed out by an evil madman and a spineless, heartless woman.

RIP Nixzmary.

Read more:

NY Daily News.Com

NY Post.Com

CHILD ABUSE HEADLINES.COM

Nixzmary Brown

Laws that could've saved Nixzmary Brown!

2011-01-11T23:58:00.001-05:00

By: Dovesblood

Nixzmary's Law states that the maximum penalty in New York State for anyone convicted of murdering a child in a cruel or wanton manner could be a sentence of life in prison without the possibility of parole.

At Nixzaliz Santiago's trial, Awilda Cordero, Nixzmary Brown's grandmother's spokesperson, who runs a victim's rights organization in the Bronx, N.Y. called, Emergency Rights had stated to a spectator that there would be a nation wide law in Nixzmary's name but that it takes time. I don't know how true that is, but that's what she said.

Since we’re on the subject of laws, I’m sure you’ve seen various online petitions to enact tougher child abuse laws. These online petitions are basically useless. People that are in positions of authority to make changes know that there are computer programs that can be used to generate thousands of different signatures all with different e-mail addresses and phone numbers. For this reason they accord internet petitions a little more respect than they'd give a blank sheet of paper. This can be verified at www.snopes.com Snopes.com is a website that is widely used to check the authenticity of various subjects.

My own personal feelings in regards to Nixzmary's Law are that:

Any law named after Nixzmary Brown should have something to do with preventing her death. That had whatever law currently proposed, been in existance when she was alive, it could've potentially saved her life

Sentencing laws don't really prevent deaths. They just deal with punishment after the murderer has already killed the child. These laws are so generalized that theoreticlly, any dead child's name could be slapped onto it.

Lets look at some ways that Nixzmary's life could have potentially been saved and potential laws in her name as a result of them:

1. Prosecuting military members who commit crimes against children and labeling them sexual predators. If the military had prosecuted Cesar for child pornography and labeled him a sexual predator instead of just discharging him, Nixzmary's life could've been saved because he never would've been able to live in a household with young children and maybe ACS would've been more vigilant if they knew a sexual predator was in the house.

2. Mandating ACS to get a search warrant to enter the home and inspect the child if the said child hasn't been produced within a specific time period. In other words if the child hasn't been seen by an ACS worker in say, 2 weeks, ACS would be legally mandated to get a search warrant. The decision about when to get a warrant would not be left up to a supervisor. Failure to get said warrant would result in criminal prosecution: Endangering The Welfare Of A Child. In Nixzmary's case she was missing from school for close to a month and the ACS Supervisor still would not apply for a search warrant!

3. Holding ACS workers criminally accountable if a child dies under their watch due to their incompetance. If the case workers in Nixzmary's case knew they'd be held criminally responsible, they would've been more likely to do their jobs and not put things off due to laziness. CPS workers in other states are alread being held criminally responsible. On the day that Nixzmary was murdered, the ACS worker was ordered to visit her home. The worker decided to put it off until the next day! When she arrived the following morning, she was greeted by police cars & the Crime Scene Unit & was told Nixzmary was murdered the day before - the very day she was ordered to visit!

4. Creating domestic violence laws for children banning the use of any corporeal punishment in the home. This applies directly to Nixzmary's situation because she was being beaten everyday. All to often neighbors hear children screaming from being beaten but they don't call the police because it's not illegal to commit violence on your own child. With a domestic violence law like this,

a) it protects the children from physical violence (this is a basic human right)

b) it encourages neighbors to call the police when children are in the homes of violent parents.

Here's an elaboration on the 4 ways her life could've been saved:

1.If the Army had prosecuted Cesar & labeled him a sexual predator instead of discharging him back into society, Nixzmary's life could've been saved as a result of his being prosecuted and labeled a predator.

We know that Nixzmary's stepfather, Cesar Rodriguez, was discharged from the Army, in lieu of court martial, for sending a minor pornographic pictures of himself masturbating. If the Army had prosecuted Cesar and labeled him a child predator rather than just discharging him, then maybe he would not have been allowed to live in the Santiago household where small children were and thus he would have been kept away from Nixzmary. Maybe if ACS knew that there was a child predator living in the house with Nixzmary, they would've been more vigilant.

It would seem that a law could be put into place stating that any soldier who commits an act of violence or sexual lewdness against a child should be prosecuted and labeled a sexual predator and not simply given the option of a discharge! I'm wondering if in addition to suing New York City for Nixzmary Brown's death, if Maria Gonzalez, Nixzmary's grandmother, could potentially sue the United States Armed Forces for wrongful death against Nixzmary since it was their incompetant decision that led to a child molester being released into society and allowed to legally live in the Santiago household?

2.If ACS had been legally mandated to get a search warrant - within a specific time period - to inspect Nixzmary instead of a Supervisor making a decision about how much time has to pass before a warrant is applied for, Nixzmary would still be alive. ACS could've gone in with the warrant, found her bruised and emaciated and removed her from that hell hole.

We know that on December 30th. 2005 Nixzmary hadn't shown up to school in almost a month. Rather than get a search warrant to enter the home and inspect Nixzmary, Supervisor, (or shall I say, Stupid-visor) Andrew Bartley, decided to wait another week to see if she showed up rather than get the warrant! Never mind the fact that this was a child with a history of long term absences, suspected domestic violence in the home, shown up to school on prior occassions with cuts and bruises. This Einstein wanted to wait another week to see if she showed up! As if a month isn't long enough! Oh, by the way, the week passed and Andrew Bartley still never got the search warrant. Nixzmary would be murdered on January 11th 2006. If he had stuck to his original plan and gotten it a week later, she'd still be alive!

If Bartley hadn't had the discretion to wait for whatever time period he deemed appropriate, and was somehow mandated to get a warrant within a set period of time, then maybe ACS could've gone in with the warrant, seen Nixzmary emaciated and bruised and taken her out of that hell hole, saving her life? Oh by the way, after Nixzmary's death, Bartley was fired and this piece of shit is currently suing ACS for his job back!

It might therefore seem that a law could be put into place mandating ACS to get a search warrant if a child isn't phyically produced within a set time period. If such a law were in place when Nixzmary was alive, ACS would've been legally forced to get a warrant, see her bruised and save her life.

3.If ACS workers were held criminally accountable for the death of any child who dies under their care, due to their incompetance, Nixzmary's caseworkers would not have been so lazy to get up off their butts and actually do something if they knew they were going to jail if anything happened to her.

Another factor in the prevention of Nixzmary Brown's death is the laziness and incompetance of the ACS workers involved. If they had just done their job instead of being a bunch of lazy bitches, Nixzmary would still be alive! New York State has no law holding ACS workers criminally accountable if a child dies while under their supervision. Other states have such laws holding CPS workers accountable criminally, but not New York. Here are some examples of the laziness and incompetance of the ACS workers assigned to Nixzmary's case:

Nixzmary's primary case worker, Joyceline St. Hill received numerous phone messages on her answering machine from school social worker, Margarita Cotto, in December of 2005, saying Nixzmary had not shown up to school and Cotto was concerned. St.Hill never returned the phone calls and at trial would later claim she only received one call! Joyceline St. Hill would accept all of Cesar's explanations about the family not being at home and therefore she never saw Nixzmary towards the end. On January 10th. 2006 Joyceline St. Hill was ordered to make an after hours visit to Nixzmary's apartment. Rather than go there, St. Hill decided that she was going to put it off until the next day! When she arrived there the following morning she was greeted by police cars and the crime scene unit and was told that Nixzmary was murdered the day before - the very day she was suppose to visit!

Maybe if there were laws holding ACS workers criminally accountable, it might've lighted a fire under Joyceline St.Hill's ass to go and make that visit and not put it off until the next day! Maybe if she knew she would be going to jail if anything happened to Nixzmary, she wouldn't have been so lazy and costed a beautiful little girl her life. Oh, did I mention that this pig is also suing ACS for her job back! Talk about nerve!!! Because of this slob, Nixzmary Brown is dead and this good for nothing wants to keep raking in the bucks at the expense of vulnerable children!!! Like, Hell!!!

Here's another example of sheer incompetance on the part of an ACS "supervisor". In Decemeber 2005 when Nixzmary hadn't shown up to school in almost a month and Supervisor, Andrew Bartley, wanted to wait another week to see if she showed up, another Supervisor, Orlene Cummings, was even less concerned than Bartley! Supervisor, Orlene Cummings, told Nixzmary's case worker, Joyceline St. Hill, that if Nixzmary returned to school to send a note home with her to her parents! A note! A godd*mned, motherf*cking note!!! Well, you know what??? Nixzmary never returned to school. You know why?

BECAUSE SHE WAS MURDERED!!!

I'd like to take that note and shove it up Orlene Cummings' stinking ass. At Nixzaliz's trial, Orlene Cummings, a middle aged, dark skinned, black female who wore her hair in a ponytail and spoke with a Caucasian accent, would remark about everyone being suspended for incompetance, saying, "that's the al-leh-gay-shuns". Honestly, I wanted to get up from my seat and kill her!!!

Maybe if Orlene Cummings knew that she'd be held criminally accountable if anything happened to Nixzmary, that would've lighted a fire under her ass and she would've ordered St.Hill to do alot more than just "send a note home with her to her parents"!

Here's another little jewel that I found out about, "Orlene Cummings". It has come to my attention that an, "Orlene Cummings" retired from ACS in January of 2009! I haven't confirmed that this is the same Orlene Cummings but how many women named Orlene Cummings work for ACS? Anyway, if she retired then that means that the b*tch is getting a tax-payer funded PENSION!!! This cockroach of a woman should've been fired along with the rest of them back in 2006, not allowed to keep working at ACS putting vulnerable children's lives at risk due to her incompetance! Now to add insult to injury, this cockroach is collecting money from a pension payed for by all hard working New Yorkers!!! I sure as $hit don't want my tax dollars going to Orlene Cummings!!! Her pension is Nixzmary Brown's blood money!

4.If there were domestic violence laws banning parents from hitting their children (the same way men are banned from hitting women) Cesar would have been arrested before he even had a chance to kill Nixzmary. Also neighbors frequently don't call the police when they hear children screaming from being whipped because it's not against the law to commit violence upon your own child. If there were laws banning corporeal punishment, neighbors would call police more frequently upon hearing children crying, saving their lives in the process.

Another law that could be enacted in Nixzmary's name is a domestic violence law for children banning parents from spanking a.k.a committing violence on their own child. This pertains directly to Nixzmary's situation since she was beaten on a daily basis, both with Cesar's fists pounding against her and whipped daily with a black leather belt. Were there domestic violence laws protecting children, Cesar would've been arrested before he even got a chance to kill Nixzmary.

There should be domestic violence laws banning parents from hitting children the same way there are domestic violence laws that ban men from hitting their wives. If you so much as smack a woman on the face - you're going to jail, but yet it's ok to smack a vulnerable child who can't hit back?!? If I'm not mistaken, I think there was a time in this country where it was legal for men to beat their own wives! Now, women have domestic violence laws to protect them against violence from their husbands. Those same laws need to be applied to children, so they in turn, can be protected against violence (hitting, spanking) from their parents.

Violence is violence whether you want to call it "spanking", "corporeal punishment" or any other name you can come up with. Taking your hand, or worst a belt, and striking a child with it is violence whether you like it or not! No violence against children is acceptable! Saying that you don't believe in violence against children, but then at the same time, going home and raising your hand to your child is just plain hypocritical. I despise hypocrites.

If you were to hit an unconsenting adult on their buttocks, you'd be arrested for sexual battery

So you're not allowed to sexually batter an unconsenting adult but yet it's perfectly legal to sexually batter your own child??? If you're child misbehaves would you rape them? No. Of course not. So if you wouldn't rape them then why would you sexually batter them???

Hitting or spanking a.k.a assaulting your own child, should be illegal and whoever does it should go to jail. I don't care if your whole culture does it. If your whole culture commits violence on their own children, then your whole culture belongs in jail!

Children should have the same protections under the law that adults have. I'm not a lawyer but here's what I think could be the basis for a domestic violence law

1. EQUAL PROTECTION Allowing parents to commit violence upon their children violates the "Equal Protection" clause of the constitution. Children are not being afforded the same equal protections against physical violence that adults have.

2. THERE'S ALREADY A PRECEDENT IN NEW YORK STATE CALLING IT A CRIME FOR A PARENT TO HIT THEIR CHILD WITH A BELT. Here's the case: The People of the State of New York vs. Cesar Rodriguez. Rodriguez was convicted of possession of a deadly weapon because he used a belt to beat his step-son, Edward Brown. Brown's DNA was found on the belt. I'm not a lawyer, but I would think that sets a precedent. Maybe that could be used as a basis for a domestic violence law for children.

3.THE UNITED NATIONS CONVENTION ON THE RIGHTS OF A CHILD. The United Nations Convention On The Rights Of A Child is an international convention that sets out the civil, political, economic, social and cultural rights of a child. Nations that ratify this international convention are bound to it by international law. Only two nations have failed to ratify this convention: the United States and Somalia.

Article 19 of the Convention on the Rights of the Child requires states to take

"all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child..."

If you'll notice, the words, "physical violence" were used. Spanking and hitting with a belt (what was done to Nixzmary) definately constitute, "physical violence". President Barack Obama has called the United States failure to ratify the U.N. Convention as an "emabarrassment" and has promised to look it over. If the U.S. does ratify it then I would submit that allowing parents to be physically violent to their children is a violation of this international convention under Article 19.

So to re-cap, here are some potential ways that Nixzmary Brown's life could've been saved and potential laws in her name as a result of them:

1. Prosecuting military members who commit crimes against children and labeling them sexual predators.

2. Mandating ACS to get a search warrant to enter the home and inspect the child if the said child hasn't been produced within a specific time period.

3. Holding ACS workers criminally accountable if a child dies under their watch due to their incompetance.

4. Creating domestic violence laws for children banning the use of any corporeal punishment in the home.

If you haven't already done so, please read Nixzmary's biography, The Short, Sad Life Of Nixzmary Brown. Maybe YOU can spot other ways Nixzmary's life could've been saved.

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Nixzmary Mom Trial, Day 17: Closing Arguments: Duct Taped Into Silence!

2011-01-11T00:31:00.000-05:00

(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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NY Governor signs Nixzmary Brown Law into effect!

2011-01-01T23:10:00.002-05:00

By: Dovesblood

On Friday October 9th 2009 the Governor of the State of New York, David Patterson, signed into law, "Nixzmary's Law" that would make the maximum penalty for murdering a child in a cruel or wanton manner, life in prison.

Nixzmary Brown was a 7 year old girl who was starved to a skeletal looking 36 pounds, imprisoned in her room, kept duct taped to a chair, raped orally, forced to use a cat’s litter box for a bathroom & eat cat food, then finally beaten to death, her head bashed into a bathtub faucet, for taking a strawberry Jello pudding snack from her family’s fridge and over a broken computer printer. Her death caused an overhaul to New York City’s ACS (child protective services) system and today, Friday, October 9th 2009, three years after little Nixzmary was brutally murdered, the Governor of the State Of New York, David Patterson, signed a law bearing her name to protect children. The new law says that the maximum punishment for torturing a child to death is life in prison. Here's a quote from the Governor's press release:

"The signed bills include A.5080 / S.6091 – often referred to as “Nixzmary’s Law” – which amends the murder statute to add a new subsection addressing the murder of a child less than 14 in an “especially cruel and wanton manner” and authorizing a sentence of life without parole."

To read more articles on today’s historical Bill signing of the Nixzmary Brown Law, click the following links:

1010 WINS ARTICLE ON NIXZMARY BROWN

LEGISLATION INSPIRED BY NIXZMARY BROWN. BY ASSEMBLYMAN JOE LENTOL, BECOMES LAW!

NY DAILY NEWS ARTICLE ON NIXZMARY BROWN

FOX NEWS ARTICLE ON NIXZMARY BROWN

ROOM 8 NY ARTICLE ON NIXZMARY BROWN

NY POST ARTICLE ON NIXZMARY BROWN

GOVERNOR’S PRESS RELEASE ON NIXZMARY BROWN LAW

Please note that NixzmaryBrown.Org is NOT affiliated with and NOT endorsing any online petitions you may see in Nixzmary Brown's name.

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Nixzmary Brown Mom Trial, Day 22: Sentencing: The Journey Ends

2011-01-01T22:39:00.004-05:00

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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Nixzmary Stepdad cursed out at weapons sentencing!

2009-10-28T05:00:00.009-04:00

By: Dovesblood

May 15th 2008 was Nixzmary Brown's step-father, Cesar Rodriguez's weapons sentencing at Bronx Supreme Court. He had already been sentenced for the manslaughter in Brooklyn. This was for a jail violation. Guards found 2 homemade knives in his cell at Rikers and brought him up on charges of "promoting prison contraband". Rodriguez took a plea of 1-3 years and today was his sentencing.

The Supreme Court was a tall building made of green glass, located on the Grand Concourse. The hearing was before Judge Steven Barrett, whose courtroom was on the lower level. You have to ride a long escalator to get down to that floor. If you're afraid of heights, forget about it.

I got there an hour early. As I was waiting in the hall, I was thinking about little Nixzmary in her red Power Rangers costume. They brought a young prisoner whose arms and legs were shackled, right past me and everyone else in the hall and into a courtroom. Surprisingly, there was no media there.

On the right hand side of the courtroom were filing cabinets that a latina was putting away files in and there was also a door that inmates were brought out of. On the left hand side of the room was the jury box. The judge, Steven Barrett, was dressed in a black suit instead of the traditional judge's robe. The guards were sitting at a table socializing with each other. One of them wore a keychain with a picture of a woman in a swimsuit, dangling from his waist. One of the lawyers was reading a book in the first row.

When court started, there were long periods where no cases were called. The judge was on the bench reading a newspaper, people were talking loudly in the aisles, the guards were carrying on amongst themselves. The leader was telling the guard with the swimsuit keychain, "don't be a girly man", displaying his blatent homophobia.

BEEEEEEEEP, BEEEEEEEEP, BEEEEEEEEP

People put their hands up to their ears, moans and groans in the aisles. Throughout the 3 hours I was there, a fire alarm continuously went off. People looked around to see if they should leave or stay in the building and be burned up. People choose to stay.

When cases were being called, the courtroom was as loose as a goose. The people in the aisles were talking loudly, not whispering. Lots of times, the spectators were so loud that the attorneys couldn't hear themselves and had to look back to the aisles as if to tell them to be quiet but no officers said anything and the conversations kept flowing. At one point the clerk left and the judge answered the phone. While the attorneys were arguing cases, people were walking from the jury box to the other side of the room continuously. It was back and forth, walking across the room past the judge during oral arguments.

BEEEEEEEEEEEP, BEEEEEEEEEEEP , BEEEEEEEEEEEP!

People put their hands to their ears once again, moans and groans coming from the aisles, people shook their heads. It was the fire alarm again. A woman's voice came over the loudspeaker in a very thick spanish accent saying there was a problem on the fourth floor and they were taking care of it. Her accent was so thick, I could barely decipher the words.

The leader guard said "If it were a real problem, she ( loudspeaker woman) wouldn't know what to do and would be panicing with everybody else."Then he said that if it were a real problem that he would be "out the door", and said to the other guards sitting at the table "you're on your own"! I sat there and thought "that's comforting". The guards didn't say anything. They just sat there and stared at there fearless leader.

An Indian lawyer walked into the room and sat in the first row. He had a manila file in his hand and when I looked at the name on the file , it said "Cesar Rodriguez". Then I realized, this was no Indian man, this was Michael Torres, Cesar's attorney!

There was a Nixzmary supporter in the room named, Natasha. I recognized her from Cesar's trial in Brooklyn. She was there every single day to show support for Nixzmary. Torres sat right in front of her.

At about 12 o'clock, they brought Cesar out through a side door located LESS THAT 5 FEET AWAY FROM THE FIRST ROW AISLE! His head was shaved and he wore a green prison jacket and green pants. He was kept handcuffed throughout the hearing. Michael Torres stood to Cesar's left and patted him on the hand up and down, when they brought him out.

The phone rang and the judge answered it, talking on the phone while Cesar was standing there handcuffed! I looked at my watch because the conversation seemed never ending. Finally, he got off the phone.

The judge pointed out that this was a plea bargain, that Cesar was a first time offender and stated that regardless of whatever happens on appeal in the case in Brooklyn, that he has to do the 1-3 year sentence. Then the judge sentenced Cesar to 1-3 years CONCURRENT with the 29 year sentence handed down in Brooklyn.

What concurrent means is that if a defendant is convicted of two or more crimes that have different sentences, all the sentences may be served AT THE SAME TIME, with the largest sentence controlling. If the sentence was consecutive, then Cesar would've gotten an extra 1-3 years added on to the 29 years, but concurrent means he'll be doing the 1-3 years at the same time that he's doing the 29 year sentence WITH NO EXTRA TIME ADDED ON! NOT ONLY DID CESAR GET AWAY WITH MURDER, BUT NOW, HE JUST GOT AWAY WITH PROMOTING PRISON CONTRABAND!!! The ba$tard is probably feeling on top of the world. First, Schwartz gets him off the hook on a murder rap and now Torres makes sure he doesn't do any extra time for possessing weapons! Unbelievable.

While the sentence is being read, Natasha, whose right up to the first row, sitting right near the door where Cesar has to walk through, looks noticably agitated. As the three guards are walking Cesar away from the defense table and towards the door, Natasha stands up and shouts "YOU'RE A PIECE OF $HIT"!!! The guards stop Cesar right in front of her. The two of them are only about 10 feet away from each other. You would think that the guards would keep walking, but no, THEY STOPPED AND MADE HIM STAND THERE 10 FEET AWAY FROM HER to listen to everything. He turns his face to look at her and she says "YEAH, YOU"!!! He mouths something to her but it was barely audible, then he turns his face to look straight ahead. Still the guards keep him there 10 feet in front of her. Then she says " YOU'RE GONNA BE RAPED! AND WHEN IT HAPPENS, THINK ABOUT NIXZMARY!!! YOU THINK ABOUT HER! YOU'RE GONNA BE RAPED IN THERE, YOU'RE GONNA BE RAPED!!!!" He turns back to look at her and the two of them are eye to eye, 10 feet from each other. Still the guards aren't moving. One of them said "mam, please, no" but they still stood there with him like frozen statues. At this point, the whole courtroom is silent with all eyes on Cesar and Natasha, watching the whole drama unfold. Then she says " YOU'RE GONNA DIE, YOU'RE GONNA BE BEAT UP, YOU'RE GONNA BE RAPED"!!!!! After that, the guards move him out from in front of her and through the door.

As soon as he crosses the threshold of the door, she shouts out " Biiiiiiiiitch"!!! Then she grabs her bag from off the bench and walks to the center aisle. Silence everywhere. All eyes glued on her. Then she looks back at the door Cesar just went through and shouts loud enough for him to hear "BABY KILLER"!!! She hurries out the courtroom, not looking back. She ran, not walked up the big, gigantic escalator and flew through the courthouse doors onto the street.

I caught up with her outside. She recognized me because I also attended Cesar's trial in Brooklyn. She said she came because she knew it would be the last time anyone from New York City got to see Cesar before he goes upstate and thought she was coming to witness him get a couple of extra years tacked onto his sentence. Instead he got no extra time at all! She said that her heart was beating so hard, that it was LITERALLY banging against her chest during the confrontation. She also said that she's thankful to Judge Barrett for not citing her for contempt of court. She said that's why she practically flew out the building. She also said that if she knew in advance that she wasn't going to be cited, that she would've said more and regrets not saying more.

We were talking about Nixzmary and she told me about an article written by a New York Post report reporter, Andrea Peyser, in 2006. Peyser went to Nixzmary's school, P.S.256, to interview the kids about Nixzmary. She learned that even though Nixzmary was frail and weak, she was still fast and graceful. She played tag, she played ball, she played Double Dutch. What Natasha told me next about what the article reported, made me develop a newfound respect for Nixzmary. I'm going to quote from the New York Post article written by Andrea Peyser :

"Though she had next to nothing, Nixzmary was the kind of girl who gave away what little she had. "She was my best friend" Mya Thomas told me yesterday. The doe eyed 7 year old stood under the careful watch of her mother outside P.S. 256, terrified to go inside. Why did you love her so much she was asked. The child did not hesitate. "Because she shared with me" said Mya. "When I didn’t have any snacks she shared hers with me." So the child who was starving gave her precious pretzels to a child who was merely hungry. Mya brushed away a tear.

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I Spent 3 Hours In Nixzmary's apartment!

2009-10-28T00:59:00.005-04:00

By: Dovesblood

On January 11th. 2009, the third anniversary of Nixzmary Brown's murder, I spent 3 hours in her abandoned apartment. Click HERE to see photos that I took.

This past Sunday, January 11th was the third anniversary of Nixzmary Brown's murder. She was actually murdered Jan.10th and died in the early morning hours of January 11th. On January 10th., it was so hard for me. I kept watching the clock and reliving every hour of what happened to her. I watched the clock around 6:30 - 7:30pm and knew that was the time she was being hit on the head. I watched the clock and thought, now she's on the floor gasping for air. I watched the clock and thought now her mother is in the room checking on her. I just kept watching the clock and reliving every hour. I couldn't sleep. I woke up at about 5am (Jan.11th) and the first thing I thought was that her body was already found by the upstairs neighbor. I felt guilty for sleeping through it.

Yesterday was a snow storm in New York City. There's snow on the ground, it's icy, it's cold and I'm on foot because I don't have a car. I don't care. I need to see Nixzmary. I had already decided that I was going to visit her at the graveyard and go to her apartment in Bed-Stuy. I had asked my family the night before, but everyone with a car was busy and couldn't give me a drop, at least to the cemetery. (It's a 20 minute walk to and from the grave. That means 40 minutes of walking in the cold. That was what I was trying to avoid) Early in the morning, I lucked out. My sister, who had told me the night before, that she couldn't drop me to the cemetery because she had a dominoe game planned for Sunday, called and said 3 of the players aren't coming over, so she could give me a ride! I was elated. Suffice it to say, I was also somewhat ticked off that her dominoe game took precedence over a murdered child!

Anyway, earlier on in the day, I bought a gigantic 36 inch balloon for Nixzmary. It's in the shape of a castle with Disney Princess characters like Snow White and Cinderella on it. I was planning on leaving it in front of Nixzmary's apt. for her.

My sister picked me up and we went to the graveyard. There's a big white mausoleum that's about 1 graveyard block from Nixzmary's grave. Because I wanted some privacy, I asked my sister to park at the mausoleum and stay in the vehicle while I walked down the short path to visit Nixzmary. She refused, not wanting to be left alone in front of the mausoleum. I don't know if she thought the dead people in there were going to run out and get her but she insisted on coming with me. She said, "Nooooooooooo! that's a mausoleum! Nooooooooooo! I'm not staying by this mau--so--leum!!!" So she came with me and waited in the vehicle. There's a rose bush that's right next to Nixzmary's grave. The bush had been decorated with mini Christmas bulbs to look like a Chrismas tree. A red bow that said "Merry Christmas" also hung from the bush and a Christmas stocking was on it for Nixzmary. There were lots of dolls at her grave. The ground was covered with snow. It was sad knowing that on this day, 3 years ago, little Nixzmary was murdered. Her head brutally bashed into a bathtub faucet. Her own mother didn't even care about her. Now, as I was standing at her grave, Nixzmary was underneath all of that snow on the ground. It's so wrong. She should be alive and in school and playing with her friends, and laughing and giggling with her little sister, Selena. Instead, she's underneath all of that cold snow on the ground.

Across the road from Nixzmary's grave is the grave of another famous child murder victim, Elisa Izquierdo. Elisa, like Nixzmary, was 1 of 6 children singled out for abuse and murdered by her mother when she was only 6 years old. Her mother would keep her locked up in her room, beat her, starve her, wouldn't let her watch tv or play with her siblings, she violated her with a toothbrush, tied her up and violated her with a hairbrush, forced her to eat her own feces and held her upside down and mopped the floor with the little girl's head. Elisa's mother finally killed her by bashing her head into a concrete wall. Elisa's grave, unlike Nixzmary's, was bare and empty. It made me sad and it hurt my heart to see it. I took my bare hand and wiped off the ice that was frozen on her tiny 5 x 7 inch headstone that lay flat to the ground. You can learn more about Elisa by going to www.myspace.com/elisaizquierdo

On our way out of the graveyard, we stopped off at another murdered child's grave. A little 3 year old girl named, Elea-cha Oliver Ragoo. You have to pass her grave to get to Nixzmary's. She was murdered by her mother's boyfriend in July of 2008 for throwing up some yogurt. Her mother left her to be babysitted by her boyfriend. Elea-cha had a stomach ailment and was given some yogurt to soothe her stomach. When she threw up the yogurt, the boyfriend became so enraged that he murdered her. There's no tombstone, just plastic flowers encircling the grave. I heard the cemetery refused to allow her father's side of the family to place a tombstone down for her, claiming that the mother can always have it removed since she has legal custody of the body. So there's no tombstone. Her grave contained a large plastic bag of toys that she played with in life, including a Mickey Mouse doll and a photo of her in the bag. Pictures.

After we left, my sister went home and I hopped on the subway to Nixzmary's apt. Carrying a 36 inch. balloon in the shape of a castle on the subway was an experience.

Walking to the apt. I actually fell down on the ice. I landed on my palms. Miraculously, there was no blood! I've been to the apt. before, so I knew where I was going.

When I got there, I was expecting to see some sort of memorial outside of the building where Nixzmary died, but there was nothing! This really surprised me because it was Sunday and most people don't work on Sunday. Granted the area is "rough" but alot of people have cars and can come with someone during the daytime. All these people on the internet, screaming about how much they "love" her, where were they??? There were no pictures of her, no flowers, NO NOTHING for little Nixzmary. I tied the balloon I bought for her to a window on the outside of the red brick building. Then I had a small picture of Nixzmary, in her Power Ranger suit, that I scotch taped to the frame of the front door. She looked cute, smiling.

I walked with my camera and stepped across the street to take a photo of the building. (across the street is Tompkins Park where Nixzmary was allowed to go, but forbidden from playing with anyone, by Cesar) When I was across the street, a young Hispanic male, maybe 12 or 13 years old, came out of Nixzmary's building.

I walked back over to the building and when I turned the knob on the front door, it was open! As soon as you open the door, there's a staircase. The floor in front of the stairs was black and white checkered tiles. To the right of the front door was another door for the first floor apt. The staircase including the bannister was a chocolate brown color. The walls were chocolate brown on the bottom and white on the top. The paint was peeling off of the walls and bannister. The stairs were noticable old and were flecked with spots. Maybe paint? To to the top of the staircase was a long fluorescent light. I started up the stairs slowly, not believing I was really going to be right outside of Nixzmary's apt door.

When I was halfway up the stairs, the young boy came back. I said hi and asked him if he was related to Ulbis Rivera. (Rivera was the upstairs neighbor who Nixzaliz ran to for help) he said yes, that he was her son. Rivera is an older woman so I was shocked that she had a son so young. As you go up the stairs, on the second floor landing is apt. 4, Nixzmary's apt. I asked him if that was Nixzmary's apt ( I knew it was) and he said yes and that the door was locked. Afterwards, he walked up to the 3rd fl. where he lives.

When you're on the 2nd fl. landing there's another set of stairs leading up to the 3rd. fl. where Rivera lives. It was about 3 o'clock. Nixzmary's apt. door was silver and there was a doorknob tag that said "Optimum" hanging from the knob. (that's a cable co. in New York City) All I wanted to do was touch the doorknob to feel what Nixzmary felt. When I touched the doorknob and turned it to the right and pushed, A MIRACLE HAPPENED!!!

NIXZMARY'S DOOR OPENED UP!!!

My stomach dropped. I couldn't believe it! My heart was beating so fast. I took a deep breath. I was scared that someone would be inside and mad but when I pushed it open even further I saw that the place was bare and empty. There were buckets of paint on the wooden floor to the right of the front door. I walked in slowly and kept breathing in deeply. I immediately tried to shut the door. The door was creaking loudly so I had to shut it very slowly so the neighbors upstairs wouldn't hear it closing. I found myself in the living room. It was empty except for a black umbrella and buckets of paint lying on the polished wooden floor.

As I turned to the left, I found myself in the kitchen. This was the same kitchen where hot, home cooked meals were being cooked for the whole family, except Nixzmary. Denied food from this kitchen. So hungry and emaciated that she had to eat cat food. The apartment is shaped like an "H", only with the left hand side of the "H" cut off. The middle part is the front door and to the left of the front door is a fuse box and a closet. The upper part of the "H" is first, the kitchen, then a hallway. Down that hall is the bathroom on the right, Nixzmary's room on the left and the children's room at the end of the hall. (the top of the "H") On the lower portion of the "H" is the living room, then Cesar and Nixzaliz's room. After I checked the whole apartment to make sure no one else was there, I went back to the front door and chain locked it. Then I locked the doorknob. Now, I was safe. No one could just walk in on me because the door was locked from the inside. There was no one in here except for me and the spirit of little Nixzmary Brown, murdered 3 years ago, today.

Walking down the short hallway, the first room on the right is the bathroom. The ceiling in there was ripped, so you could see the floorboards from the ceiling. I was scared a rat would come out of the ceiling. There was wood and chunks of plaster all over the floor. The walls had roses on the ceramic tiles. Standing in the doorway, to the right, was the toilet. It had plaster inside of the bowl that had probably fallen in there from the ripped ceiling. This is the same toilet that Cesar would dunk the children's heads into for punishment. To the left of the toilet was the sink with a black medicine cabinet above. The sink had plaster inside and atop of the counter. Opposite the doorway was the bathtub. This was the same tub that Nixzmary's head was bashed into 3 years ago today.

I carefully stepped across the wood and plaster on the floor and made my way to the tub. There was dust, 2 rubber mats in the shape and size of human feet and a broom inside of the tub. There's a step that you have to walk up to get up to the tub. . I walked up that step and got inside of the tub. This is the same bathtub that Nixzmary was forced into. I have no clue whether or not they changed the faucet, but the faucet that was there, I touched. There was a window in back of the bathtub that was opened. I wondered if it was opened 3 years ago, today, and if the neighbors could hear from that window, the sound of a little girl being murdered? The tub itself was small. Only 2 1/2 to 3 feet. I stepped outside of the tub and put the water in the tub on. I tried to imagine what Nixzmary must have felt to have her head being dunked under that cold water. To have Cesar bash her head into that bathtub faucet. There was no electricity in the apartment. Only the water was working. I shut it off.

Directly across from the bathroom (maybe 1 foot and a half across) was Nixzmary's room. I stood in the doorway, for a moment, and looked in. It was an extremely narrow room, approximately 15 x 7 feet. The floor was made of polished wooden panels. There was a black children's bedframe at the far end of the room. On the back wall was a window and to the right of the window, inches away, was the radiator that Nixzmary's chair was tied to. The wall to the right hand side of the door was painted gray and the wall opposite was painted white. There was no closet in this room.

I immediately noticed a gigantic roach, about the size of a New York City waterbug, lying dead on the floor. It made me mad that there was this disgusting roach in Nixzmary's room. There was white cable wires hanging from the door frame. I took the cable wires and pushed the dead roach to the side of the room with them.

Upon entering this room, my mood immediately grew solemn. I could almost feel the heaviness in the air. I knew what history and what sadness this room held. The torture that went on in here. The radiator that Nixzmary's chair was tied to was only inches from the window. The radiator never worked while Nixzmary was in this room during the winter time. It's a wonder she didn't die from pneumonia.

I looked out the window Nixzmary would have looked out of. Looking down, you see a small backyard area covered with snow. There was a ladder lying on the ground, garbage bags and large concrete blocks. It was all enclosed by a wooden picket fence. In back of the fence was a lot filled with cars. The cars all had snow atop of them. Beyond the lot with the cars was an apartment building. You can't see the street because Nixzmary's room is at the back of the house. I wondered if, when Nixzmary was held prisoner in this room, would she come look out of this window for comfort? Would she imagine she was outside? Would she be looking over at the apartment building trying to find another human being to talk to so she wouldn't be alone? Maybe waving to them from the window? What comfort could she have found in an empty backyard used for storage? What comfort could she have found in a lot of empty cars? What comfort could she have found looking at an apartment building ? Then again, children are resilient and they find wonder in everyday things most of us take for granted. Maybe she imagined she was out there having adventures, maybe she was looking up at the stars, maybe the birds. Maybe lights flickering on and off from the apartment building. People moving in the windows. I hope she found some comfort from this window.

Being in this room was hard for me. To stand there and know that right in here, right where I'm standing, on this polished wooden floor, a little 7 year old was being raped orally, was being molested. Her siblings acutally witnessed it. That right in this room, where I'm standing, Nixzmary was being beaten with a black leather belt. She cried and wailed in this room from those beatings. I walked over to the spot where the chair would've been by the radiator. Right here, she was kept bound like an animal to a chair. Kept duct taped and tied up right in this spot. Had to use a cat litterbox right here. It was in this room, 3 years ago, today, that Cesar, when he got finished bashing Nixzmary's head into the bathtub faucet, brought her back in here, naked, duct taped her mouth and started kicking poor little Nixzmary all over her body. She was beaten to death in here. Naked and duct taped into silence. Her tears must have streamed out of her eyes and onto the gray duct tape over her mouth. This is the room that her blood was found all over. Blood on the walls, blood on the floor, blood on the mattresses, blood on the litterbox. All in here. This room definately has a history. It leaves an imprint on the space and nothing can change that. I looked on the floors trying to see if her blood was still there, not wanting to step on it.

I walked over to the spot by the radiator where she was kept tied up. I told her, outloud, how much I loved her, that I wished I was here 3 years ago to protect her, that what she didn't have 3 years ago, she has tonight from me, - love. I told her that I saw her drawing and that I thought it was pretty. I told her how smart she was because she was good in Math. I said I'm not even good in Math. I told her that I heard she wanted to be a doctor and said she would make a good doctor because she's good in Math and you have to be smart like her to be a doctor. I told her how talented she was because she liked drawing and writing stories about her friends. I told her that I wanted to pick her up from the chair and hug her. I said everything that I needed to say to her. How many people get a chance to spend 3 hours in Nixzmary Brown's apartment on the very night she died? That fact was not lost on me.

Afterwards, I went into the children's room. This is the room that she actually died in. The children's room is at the end of the hall, right next to Nixzmary's room, which was on the left. The children's room was approx. 15 x 10 feet. The floor was made of polished wood. There were two windows in this room, one on the back wall opposite the door, and the other one on the side wall to the right. There was a small closet on the same wall with the door. The radiator that Nixzmary died in front of was directly opposite the door. These are old fashioned gray iron radiators. When I got there, there was a black garbage bag in the middle of the room filled with junk. There was also a child's basketball lying on the floor. The white wall to the left of the door was drawn on with crayons.

When I was in here, I called my mother to tell her where I was. She told me to "get out of there", but I just couldn't leave Nixzmary. Not tonight.

When I was in this room, I heard the pitter patter of little feet, running, coming from upstairs and a little girl squeeling with delight, "eeeeeeeee"! The baby was running and screaming happily. Rivera had a child up there. Don't know who she is. It was in that moment that it occured to me that the most beautiful sound in the world, is the sound of little children at play, squeeling and screaming with delight. Hearing this child put me at ease and I wasn't so scared being alone. How could you be after listening to a child being happy? I also then smelled the aroma of a stew cooking. It might have come from upstairs. It made me sad that Nixzmary couldn't eat good food and couldn't experience the happiness coming from upstairs. I found myself getting jealous of the people from upstairs that they were eating good food and they were happy and Nixzmary wasn't. I also heard the sound of a dog barking, constantly, coming from upstairs. I wondered, that if I could hear them upstairs, could they have heard what went on downstairs?

This room, the children's room, is the room that Nixzmary actually died in, in front of the radiator. After Cesar finished beating and kicking Nixzmary all over, and left her, naked, on the floor of her room, Nixzaliz came back 2-3 hours later to check on her. When she saw that she was cold, she took Nixzmary into the bathroom and ran a warm bath for her. Afterwards she dressed her in a red sweatsuit, wrapped her in blankets and put her on the floor by the working radiator in the children's room to warm up. When Nixzaliz was getting ready to leave the room, Nixzmary moaned, "mommy, mommy, don't leave me"! Nixzaliz left her anyway and went into her bedroom to go be with Cesar. Nixzmary died on the floor in front of the radiator.

In the children's room, I stood right by the spot on the floor where Nixzmary died. This was hard for me but it was something that I had to do. I told her out loud how much I loved her. I also swore to her, on the floor that she died on, that one day, if I ever have a little girl, I would name her middle name, "Nixzmary", in honor of her. I also swore to Nixzmary, on the floor that she died on, that I would make sure that people all over the world know her story. That people on every continent, know her story. I already have some ideas about how I'm going to go about this. It may not happen right away, but years into the future, it'll come to pass. I brought my fingers up to my lips and gently kissed them, then put my hand on the floor where she died. I kept my hand there trying to send my love down to that spot on the floor.

From the doorway of the children's room to the doorway of Cesar and Nixzaliz's room, I approximated to be 30 feet. From the back wall of the children's room to the back wall of Cesar and Nixzaliz's room was approx. 50 feet. The apartment was actually alot bigger than I thought it would be. Standing in the doorway of the children's room, I could see the doorway of Cesar and Nixzaliz's room. As I looked up towards her mother's bedroom door, I wondered how a mother could be so close by and leave her little daughter on the floor bruised and moaning after she just got beaten? How do you turn away from a child when they're calling out, "mommy"? A little skinny 7 year old, emaciated and wasted away, with two raccoon-like black eyes, a gash over her right eye with stitches still in there because you never cared enough to take her back to the hospital to get them removed. A gigantic gash to her chin that was scabbed. Bruises and cuts and scrapes in all shapes and colors, all over her little body. 36 pounds. Defenseless. No one to protect her. No biological father to come rescue her, no mother willing to lay down her life for her. Just a selfish, greedy woman named Nixzaliz Santiago, who cared more about her own hide and her own financial security, than protecting her defenseless little daughter from being raped, beaten and tortured.

It was in that moment, standing in the children's room and looking up at her mother's bedroom door, down the hall, that I realized that the prosecutor, Ama Dwimoh, was right when she said in closing, "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 that our law allows". What she allowed to be done to her daughter was so wicked, so evil, so inhuman. To allow your little 7 year old daughter to be raped by your husband. To hear your daughter crying out from being beaten with a belt and not stop it. To deny her food to the point where she's wasted to 36 pounds, the weight of a 4 year old.

Dr. Simpao, Nixzmary's pediatrician, who's Filipino said at Cesar's trial, upon seeing the autopsy photos of Nixzmary, that he's never seen a child in that condition in this country. That the last time he's seen children in that condition was in his country in the Phillipines, where children are starving from being malnourished.

When Nixzmary died, she looked like an Aushwitz victim and that's not something that I say lightly. At the trial, looking at her autopsy photos, the last time I had seen photos like that, was when I looked at photos from Aushwitz.

Here's what the rest of the apartment looked like- the kitchen: when you're coming into the apt from the front door and you walk to the left, you're in the kitchen. On the left wall there's a white fridge with Spider-Man stickers all over it. Next to the fridge, to the right, was the sink with a gray marble countertop. There was cereal and other food left out on the countertop and inside of the sink. Next to the sink, to the right, was the stove. Above the stove was a window. After the stove there's the right hand wall of the kitchen. Against the right hand wall and next to the stove, was a washing machine that had hoses coming out of it. When Nixzaliz lived there, she had both a washing machine and a dryer. Opposite the fridge was a large window. Looking out of the window, on all 3 sides, all you see are the surrounding brick apartment windows of the neighbors. There's a radiator next to this window.

When I opened up the fridge, I was HORRIFIED!

There were dead roaches all over the inside of the refridgerator!! They were just lying there, brown, upside down and dead! Their legs were up in the air, their antennas were sticking out. There was an open package of sugar on the inside of the fridge door. I was horrified! It startled me seeing them. It also disturbed me because, unless they changed the fridge, this is the same fridge that held the food for children. The same fridge that little Nixzmary once took a strawberry Jello pudding snack from. I was upset seeing this. I know Nixzmary is no longer there but I couldn't help but think, how dare these insects invade her fridge!?

The next room over from the kitchen, going towards the front door, is the living room. This is a small room. It had polished wooden floors, a ceiling fan and a window on the left wall, closest to the kitchen. There's no view from the window except the surrounding neighbors apartment windows. There's a radiator about a foot or so away from the window.

Past the living room is Cesar and Nixzaliz's room. This is the largest bedroom in the whole house. Their bedroom has three windows. The same three windows that you see when you look at a photo of Nixzmary's apt. from the outside, well those three windows on the 2nd. floor, are in Cesar and Nixzaliz's room. Looking out the windows from their room, you see a spectacular view of Tompkins Park. The apt is directly across the street from the park. You can see people sitting on the benches, the trees, the grass. You see a bodega (Spanish convenience store) to the left of the park. All three of the windows were cracked open to let air in and on the window to the far right was a Spider-Man sticker. There was also a red fire extinguisher on the window ledge on this window. The floor was made of polished wood. A radiator was in the right hand corner of the room, looking in from the doorway. A gray bin with what appeared to be black electrical equipment inside, was lying on the floor. There was an electrical outlet on the right hand wall. The plaster surrounding the outlet was ripped so there appeared to be a hole in the wall surrounding the outlet.

Cesar and Nixzaliz slept in this room along with the two babies, Cesar Augustine (18 months) and Cesar Gabriel (6 months) At Nixzaliz's trial, Detective Bello said that this room was set up for 5 people to sleep in. I'm not sure if Nixzmary's little sister, Selena also slept in here. The children's room only had two beds. I would assume they would be for Javier and Edward, Nixzmary's half-brothers. This room was also the room where Nixzaliz kept the fetus that she miscarried. She placed it in a jar and kept it on the dresser. Cesar's attorney, Jeff Schwartz, said that she would pray to it. I don't know how true that is.

I spent a total of 3 hours in this apartment. I left a little after 6 o'clock. After 5 o'clock it got so dark that the only light coming into the apartment was from the street lights outside, illuminating from the window. I was inside of the apartment, LITERALLY in the DARK, for about one hour. Just the street lights from outside illuminating in.

JUST THINK, 3 YEARS AGO, TONIGHT, A MURDER HAPPENED IN THIS APARTMENT THAT WOULD BRING NEW YORK CITY TO A STAND STILL. Three years later, on the very day it happened, the apartment is abandoned. There's nobody here. Where is everybody??? This was a case that caused an overhaul to the City's ACS system, a case that received nationwide media attention, a case that New Yorkers are still talking about 3 years later. Where is everyone? There's no one here, except me, Dovesblood, here in the dark, my silhouette, casting a shadow on the floor. 3 years ago, this apartment was filled with cops coming in and out, arresting people, removing children, collecting evidence, taking photographs. 3 years later, to the day, there's nobody here. The place is abandoned. There's just me, here in the dark, with nothing but the street lights from outside coming in.

I wasn't scared being in the dark. First, the door was locked so I knew no one could just walk in on me. Secondly, if there was a spirit in here, I knew it would be Nixzmary's, which is why I came here in the first place. I didn't want Nixzmary being alone. Not tonight, of all nights. I had to be brave for her. That's why I stayed in the dark. To keep her company so she wouldn't have to be alone tonight. So she'd know that she was loved tonight.

I spent a total of 3 hours in the apartment. Most of the time I spent in Nixzmary's room and the children's room where she died on the floor. What did I do for 3 hours? Like I said before, I took photos, I told her I loved her for 3 hours, I told her that what she didn't have 3 years ago, she had from me tonight, - love. I stood on the exact spot where her body was found and I swore to her, on the floor that she died on, that one day, if I ever have a little girl, I would name her middle name, "Nixzmary", in honor of her. I swore to her, on the floor that she died on, that I would make sure that people all over the world know about her story. That people on every continent, know the story of Little Nixzmary Brown.

A little after 6 o'clock, I would leave. I knew I couldn't stay there forever, although I wanted to. I put my hand up and waived goodbye to her in the children's room. Then I walked over to Nixzmary's room. Saying goodbye to her in her room was the hardest part for me. I couldn't bear to leave her. I felt like I was abandoning her. This was the hardest part. To say goodbye to her in this room, in HER room. Right now, as I type this, it pains me to even think about when I had to leave that room. About when I had to leave her in there. I didn't want to leave her in there. I felt guilty for leaving and still do. The room was pitch black for the most part. Only a small amount of light coming in from the window. After I said my goodbye to her in here, I walked out into the hall and stood in the doorway to her room. I looked in at the darkness. Was she in there? I put my right hand up to waive and said gently, "Goodbye, Nixzmary".

Afterwards, I walked over to the front door to leave. I had to open the door really slowly because it creaked loudly and I didn't want the upstairs neighbor to hear it. I managed to get it open but when I had to lock it from the outside, the door made alot of noise. To late. I'm sure they heard. I locked it fast and practically flew down the stairs. I unlocked the front door, closed it behind me and stepped out into the cold, snow filled, Brooklyn night. Standing outside, in front of the apartment, I looked up at the second floor window. I wondered if Little Nixzmary was at the window watching me?

GOODBYE NIXZMARY.

UPDATE TO THIS STORY – A PROMISE KEPT
Four months after my visit to Nixzmary Brown’s apartment, in May 2009, I started an online child abuse newspaper called Child Abuse Headlines.Com It covers child abuse news from all across the U.S. I featured Nixzmary Brown’s picture and story on the front page of the website for 2 years. Her story was one of the first things people saw when they logged on.

Back in the apartment, I promised Nixzmary that people from every continent would know her story - and that’s exactly what happened. I’m proud to say that in the 2 years that I featured Nixzmary’s story on the site, the website has had visitors from all across the United States and around the world! We’ve had visitors from North America, South America, Europe, Africa, Asia, Australia, the Middle East as well as visitors from different islands. And the story of little Nixzmary Brown was the first thing they all saw when they logged on. People from all different continents on Earth learned about Nixzmary through my work.

A promise kept.

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New York Senate approves Nixzmary Brown Bill!

2009-09-12T02:18:00.013-04:00

By: Dovesblood

The New York Senate has finally approved the "Nixzmary Brown Bill"! The bill calls for life without parole for those that cause a child's death in a cruel and wanton manner. The bill is now about to be sent to the New York Governor, David Patterson. Patterson hasn't said if he'll sign the bill into law.

LINK TO ORIGINAL ARTICLE.

Senate Approves “Nixzmary Brown Bill”
Posted by Ruben Diaz on Friday, September 11th, 2009

"[Albany, NY] Last night Senate Bill 6091, better known as the Nixzmary Brown Bill has passed in the New York State Senate. With the hope that it will help raise awareness during this new school year, and deter child abuse and neglect in New York State, Senator Reverend Rubén Díaz, Sr. (D-Bronx), the bill’s sponsor, has pushed for this legislation to be passed during today’s Senate’s Session.

“Each time we bring these tragedies to light, it helps us all to be more mindful of our responsibilities as parents, neighbors, teachers, clergy and citizens to protect our children,” stated Senator Rev. Díaz. “It is my hope that none of us will ignore the signals from children who suffer child abuse and neglect and realize our responsibilities to those children. It is my prayer that children like Nixzmary Brown will not die at the hands of their caregivers, but will be protected from their abusers.

Nixzmary Brown was a seven year old child who, on January 11, 2006 died of blow to the head. She was being punished for eating a yogurt. Her mother and stepfather were convicted for her death and the severe and persistent abuse that they inflicted upon her during her brief life.

“I thank my colleagues in the Senate for joining me today to pass this legislation,” stated Senator Diaz. “When a person abuses a child and causes their death in a cruel and wanton manner, they should be sentenced to life imprisonment without parole and should never be conditionally released.”

Senate Bill 6091 is co-sponsored by Senator Hiram Monserrate, Senator Geroge Onorato and Senator Suzi Oppenheimer.

For further information, please contact Senator Diaz at 518/455-2511"

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Here's another article on the Nixzmary Brown Bill. The bill is awaiting New York Governor, David Patterson's signature. Patterson hasn't said if he'll sign the bill into law.

LINK TO 1010 WINS NEWS ARTICLE!

Here's another article on the Nixzmary Brown Bill being passed:

ANOTHER ARTICLE ON NIXZMARY'S LAW

Senate Approves Nixzmary Brown Bill

posted by gov_wire
Fri, 09/11/2009 - 9:40am
For Immediate ReleaseSeptember 11, 2009Senate Approves “Nixzmary Brown Bill”

"[Albany, NY] Last night Senate Bill 6091, better known as the Nixzmary Brown Bill has passed in the New York State Senate. With the hope that it will help raise awareness during this new school year, and deter child abuse and neglect in New York State, Senator Reverend Rubén Díaz, Sr. (D-Bronx), the bill’s sponsor, has pushed for this legislation to be passed during today’s Senate’s Session.“Each time we bring these tragedies to light, it helps us all to be more mindful of our responsibilities as parents, neighbors, teachers, clergy and citizens to protect our children,” stated Senator Rev. Díaz. “It is my hope that none of us will ignore the signals from children who suffer child abuse and neglect and realize our responsibilities to those children. It is my prayer that children like Nixzmary Brown will not die at the hands of their caregivers, but will be protected from their abusers. Nixzmary Brown was a seven year old child who, on January 11, 2006 died of blow to the head. She was being punished for eating a yogurt. Her mother and stepfather were convicted for her death and the severe and persistent abuse that they inflicted upon her during her brief life.“I thank my colleagues in the Senate for joining me today to pass this legislation,” stated Senator Diaz. “When a person abuses a child and causes their death in a cruel and wanton manner, they should be sentenced to life imprisonment without parole and should never be conditionally released.”Senate Bill 6091 is co-sponsored by Senator Hiram Monserrate, Senator Geroge Onorato and Senator Suzi Oppenheimer.For further information, please contact Senator Diaz at 518/455-2511***"

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Intro to Nixzmary Brown's story!

2009-08-05T01:59:00.004-04:00

By: Dovesblood

Murder Victim. Starved, unloved & beaten to death! On January 11th. 2006, 7 year old Nixzmary Brown was murdered by her stepfather, Cesar Rodriguez, for taking a Strawberry Jello Pudding Snack from her family's fridge and over a broken computer printer.

Nixzmary Brown's stepfather, Cesar Rodriguez, would keep her imprisoned in a dirty spare room. He tied rope from her doorknob to another doorknob on the outside so she couldn't escape. He duct taped her to a chair for hours everyday and duct taped her mouth so she couldn’t cry out. He tied a bungee cord around her ankle and attached it to the chair so whenever she would move her foot, it would be cut. Cesar would beat Nixzmary everyday with a black leather belt and rape the 7 year old, repeatedly. Her siblings actually witnessed it. Because Nixzmary was kept imprisoned in her room she was forced to use a cat’s litter box for a toilet. Cesar left her nothing but cat food to eat while her 5 siblings were fed hot, home cooked meals. All of this was done while her mother, Nixzaliz Santiago, turned a blind eye! When Nixzmary died at 7 years old, she weighed just 36 pounds, the weight of a 4 year old.

The family left Nixzmary, who was emaciated with two black eyes at home and went out on a fun filled shopping trip to the neighborhood Target. They bought Bratz dolls, Play Dough, Power Rangers, Hot Wheels. Nothing was bought for little Nixzmary. Snacks and treats were also purchased for the children. One of those snacks was Jello Pudding.

When Cesar was told that a Strawberry Jello Pudding Snack was missing and his printer was broken he beat Nixzmary in front of her mother then dragged her kicking and screaming into the bathroom, where he threw her into the bathtub like mat! He dunked her head repeatedly under the cold water as punishment. Her head was fatally bashed into the bathtub faucet. Her mother heard her crying out, “ai, ai, mommy, mommy”! The mom came, told him to stop, then left – more concerned about her own hide! Afterwards, Cesar dragged a naked Nixzmary back to her room, duct taped her mouth and started punching & kicking her all over her body. Because she was duct taped, no one heard her crying out. Afterwards her mother checked up on her later and saw that she was cold. She gave her a bath, dressed her in warm pajamas and layed her down on the floor next to the radiator to warm up. As the mother, was leaving, little Nixzmary called out, “mommy, mommy, don’t leave me”! Those were Nixzmary Brown’s last words. Her mother left her lying there and went into the other room to be with her husband.

Little Nixzmary died on the floor a few hours later from bleeding on the brain. When Officer Eric Nolan arrived at the apartment, what he saw lying on the wooden floor would send shock waves through the entire City Of New York, cause an overhaul to the City's ACS System and leave people crying for years later and asking, how could this have happened and why? There, lying on the wooden floor, was the body of 7 year old Nixzmary Brown. She was naked from the waist up wearing only a pair of red sweat pants that hung loosely from her rail thin frame. Her head, turned to her left, was resting upon a balled up sweatshirt and lavender top being used as a makeshift pillow. Her entire face was sunken in from emaciation. She had two raccoon-like black eyes that were half open. A gash over her right eye, a large scab on her chin. Her right hand was resting on her chest and her left hand was sprawled out onto the floor. Bruises of every shape and color, in various stages of healing, were going up and down her entire body. Blue, purple, brown, and green bruises. Nixzmary was so thin you could see the bones right through her skin. The crimescene photo taken of Nixzmary on the floor, looked more like a corpse that had been lying on the floor dead for days instead of a child that had just died. (She literally looked like an Aushwitz victim and that's not something that I say lightly.)

Three years later, Cesar Rodriguez would go on trial for the murder of Nixzmary Brown. After a 3 month circus of a trial, Rodriguez was acquitted of murder and found guilty of Manslaughter 1. He was sentenced to 29 years in prison. Nixzmary's mother, Nixzaliz Santiago, also acquitted of murder, was sentenced to 43 years in prison, almost a decade more than her husband!

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Officer Guards Door As Snitch Testifies At Nixzmary Trial!

2009-07-05T23:16:00.010-04:00

(These are my notes for Cesar Rodriguez's trial on the day that the prison snitch testified. An inmate testified that Nixzaliz Santiago confessed to her that she was the one who dealt the fatal blow to Nixzmary in the bathtub. That after Cesar left the bathroom, she remained and bashed Nixzmary's head into the faucet.)

By: Dovesblood

On Tuesday, Judge Hall ordered everyone out of the courtroom so that a jailhouse snitch could testify that Nixzaliz Santiago told her that she killed Nixzmary Brown.

The day started like any other day. They opened the courtroom doors at 9:30 and everyone came in. People chatted with each other until court started. It was the subject of one of those chats that upset me. A spectator was talking to someone about the prosecution team. (Lead D.A., Ama Dwimoh (ja-mo), Asst. D.A.,Linda Weinman, and Asst. D.A. Anthea Bruffee) The spectator said "Dwimoh and the other two nobodies. I call them nobodies because they're nobodies." Her and the other person laughed. Then if reference to Ms. Bruffee, the spectator said, "and the other one, I could never say her name. Ruffy or Gruffy or Scruffy" she said with disdain in her voice. Linda Weinman and Ms. Bruffee are certainly not "nobodies". Weinman was there from day one, the day Cesar got arrested. She's the D.A. who interviewed Cesar on the video where he admits to beating on Nixzmary. Linda Weinman and Ms. Bruffee are working hard everyday to ensure that little Nixzmary get justice and that her killer doesn't get away with it. They are certainly not "nobodies".

Once the judge came to the bench, she ordered the courtroom cleared. No one was allowed to leave any of their belongings like coats or books behind.

After the press and public filed out of the room, an officer was placed in front of the courtroom door to guard it lest anyone sneak a peak at the snitch. The male officer stood there like he was guarding Fort Knox and not a Rikers snitch.

The press as well as spectators were all seated in the waiting room. People were talking, reading etc.

At lunchtime, rather than doing the usual interviews with the press, the prosecutors walked away. Cesar's attorney, Jeffrey Schwartz, ever the publicity hound, walked over to say "no comment" to everything. Satisfied that he'd gotten enough of the limelight, he left.

After lunch they let everyone back into the courtroom. When the judge got back to the bench, it was deja vu all over again. Apparently, the snitch hadn't finished, so it was out in the hallway again. Courtroom cleared.

This time a female officer was put to guard the door. She did what most females do: chatted it up with another female. They switched and a male officer came. It was Fort Knox time again.

Some of the reporters ran down the hall to cover the acquittal of someone who shot a cop.

At 4pm, the day ended as everyone came out. The prosecution walked away but Mr. Personality, Jeff Schwartz, came back over to say "no comment" to everything. He did reveal that Maria Gonzalez would be testifying tomorrow. When asked by a latina reporter "what do you think she'll say"?, Schwartz answered with a smile "that her daughter is crazy".

I have mixed feelings about this snitch. If she's lying just to get her 15 minutes of fame, doesn't she realize she's planting doubt into the mind of the jury possibly helping to get Nixzmary's killer off? If she's telling the truth, then Nixzaliz is a bigger monster than we all thought.

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Nixzmary Mom & Dad Sitting At Table Together!

2009-07-05T22:38:00.008-04:00

(These are my notes for Cesar Rodriguez's trial on the day that Nixzmary's mother showed up to court. The defense wanted to subpoena her to testify. My notes for Cesar's trial are not that detailed like my notes for Nixzaliz's trial.)

By: Dovesblood

On Wednesday, the 27th, the mother of Nixzmary Brown, Nixzaliz Santiago, made an appearance in court today.

They brought her in from an inmate's sidedoor on the left hand side of the room.

She was wearing a baby pink sweather, a shirt underneath, and a large silver belt made of circular links worn loosely from her hips. Her honey colored hair was pulled back but some of it was resting loosely upon her shoulders. Her mugshots make her look crazy but in person she really isn't crazy looking.

As they were bringing her in, two young black girls sitting in the back of the room whispered to each other "she's yoooung".

I wandered how a girl so young and seemingly normal looking could be such a monster by starving her own child to where she looks like a skeleton and letting some man beat on her child just so he could keep giving her money. I guess evil takes many forms. With Cesar you could tell because he looks like Dracula with his black V shaped receding hairline. I call him Spanish Dracula.

Her and Cesar were sitting at an L shaped table. Cesar sat at the lower end. Nixzaliz sat along the upper right hand side. She wouldn't look at him instead turning towards her translator. The translator was a Hispanic female with short black hair named, Jeanette.

At one point the judge told the attorneys to approach and the translator walked off to talk to the clerk. Nixzaliz was left alone at the table with Cesar! You could cut the tension in the air with a knife. She looked uncomfortable and put her right hand to her face to block her view of him. The translator was still chatting it up with the clerk.

When she was leaving, she gave her attorney, Mr. Sanchez a big hug while patting him on the back as if he were a long lost relative.

Afterwards, I heard one of the sketch artists, Shirley Shepard, say in reference to Nixzaliz's clothes, "that looked like Ann Taylor and Ann Taylor, as you know, is not cheap".

At the end of the day Judge Hall told the officers as they were handcuffing Cesar, "put Mr. Rodriguez on high risk". I guess that's a suicide watch. I thought to myself "Yeah, let him kill himself" but then I thought, "No. He needs to be alive so he can suffer every minute of what he's got coming to him".

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Defense Doc Says Nixzmary Wasn't Starved!

2009-07-05T22:19:00.008-04:00

(These are my notes for Cesar Rodriguez's trial on the day that the defense's Medical Examiner, Dr. Charles Wetli, took the stand. My notes for Cesar's trial are not all that detailed like my notes for Nixzaliz Santiago's trial. For a more detailed account of Wetli's testimony at Nixzaliz's trail, click HERE.)

By: Dovesblood

On Monday, February 25th. 2008, the defense's medical examiner Dr. Charles Wetli stated Nixzmary Brown wasn't starved and tried to prove it by showing 21 or 22 photos he'd taken under a microscope of Nixzmary's autopsy tissues and cells.

When the giant video screen rolled down the photos were put under a projector. Defense co-counsel, Barry Deonarine, stood next to Wetli and aided him in using the projector. One photo was showing the presence of fat cells which he said people who are being starved don't have.

He also said that when people are starved, there's a chemical called "acetone" that's released into the blood. He said since Nixzmary didn't have it, this and the presence of fat cells proves she wasn't being starved.

Now I'm no medical expert, but I've watched enough Oprah shows to know that when you're trying to lose weight, you must eat because if you don't, your body goes into starvation mode and hold's onto fat cells because your body doesn't know when it's going to get food again.

On cross examination on Tuesday by Asst. D.A. Linda Weinman, Wetli admitted he didn't know what part of the body the cells were taken from and conceded it's possible they came from the buttocks which contains more fat cells than any other part of the body.

The prosecution on cross exam tried to put on common sense argument by showing crime scene and autopsy photos of little Nixzmary with her limbs looking like bone covered with skin, her shoulder bone and hips protruding from her body, the way a victim at Aushwitz's would look. The photos were meant to appeal to the jurors emotions as well as common sense.

Dr. Wetli also said that while Nixzmary was abused, she didn't die from Child Abuse Syndrome. He said you can only put that on a death certificate if there's no clear cause of death. In her case there is a clear cause: blunt force trauma to the head.

Here's why both sides are splitting hairs over this: If she died of child abuse syndrome, the jury would have to convict Cesar of murder since he also abused her, but, if she died of blunt force trauma to the head causing a subdural hematoma ( bleeding on the brain) the jury would have to acquit Cesar of murder since there's no proof he, not Nixzaliz, hit her on the head. They'd probably convict him of a lesser bullshit charge.

Dr. Wetli also said he went to the Medical Examiner's office with a friend of his, retired pathologist, Dr. Miller Bass. Dr. Bass is a short little man with gnarled fingers, who walks with a cane. He's been sitting in as a specatator at the trial and doses off during testimony. Defense lawyer, Jeff Schwartz said to Dr. Wetli concerning him going with Dr. Bass to view Nixzmary's autopsy tissues "aren't two heads better than one"? - Infering to the jury that since two pathologists agree on the same thing, it must be true. I thought to myself, "not when one of those heads is sitting in the back of the room sleeping."

I heard Dr. Bass got fired from his previous job. When the prosecutor brought that fact up, the judge wouldn't allow Wetli to say why.

The prosecution got Dr. Wetli to say that if he were being paid his normal fee for consultation, the price for the past two days of his testimony would be $10,000. He said he was testifying at a reduced rate, but wouldn't say what it was. I thought to myself "What's reduced, $9,999 "?

For me, the most disturbing part of his testimony was the cross examination when we learned that a rape kit had been done on little Nixzmary's dead body. I thought to myself "that's desecrating the body, that's raping her all over again". She didn't even have any dignity in death.

Little did I know, the worst was yet to come when the prosecution inferred Cesar forced little Nixzmary to have oral sex with him. I shook my head in disgust and sat there silently grieving for her. I wanted to put my arms around Nixzmary and hug her and protect her with my very life if I had to, but at the same time, I wanted to get up out of my seat and go kill Cesar.

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ER Doc Who Treated Nixzmary Shows Up With Lawyer!

2009-07-05T21:59:00.009-04:00

(This is a copy of my notes from the day that Dr. Michael Abbey-Mensa testified at Cesar Rodriguez's trial. Abbey-Mensa was the Emergency Room doctor from Woodhull Hospital who treated Nixzmary Brown in Nov. of 2005 for the gash on her forhead. My notes for Cesar's trial are not as detailed as my notes for Nixzaliz's trial.)

By: Dovesblood

The emergency room doctor who saw Nixzmary Brown at Woodhull hospital,(seven weeks before she died) because she had a small cut on her forehead showed up in court with, -surprise, surprise- his lawyer! The lawyer was a tall, light skinned African-American. He sat in the back row on the right hand side of the courtroom when Abbey-Mensa was testifying.

Dr. Michael Abbey-Mensa had a really thick accent. I think it was Haitian but I'm not sure. A couple of times during testimony, the court reporter had to stop the proceedings and ask him to repeat the word. When he repeated some words, she still couldn't understand and the judge had to translate for her. That happened alot.

To the majority of questions posed to him by Cesar's attorney, Jeffrey Schwartz, about what happened that day, he kept answering "I don't recall". He said that over and over and over again. When Schwartz asked him to look at the hospital file in front of him to see if that refreshes his memory, he told Schwartz that the file says such and such but, "I don't recall". That was his mantra throughout the testimony. I thought to myself, "if you don't recall anything then why the Hell are you here"? Afterwards, in the hall, the reporters were talking amongst themselves, expressing disbelief at him saying, "I don't recall" to almost everything. I guess his lawyer trained him well. He didn't even recall Nixzmary Brown being there, saying the file says she was there and he sees lots of people!

To a couple of long questions Schwartz posed to him, he said, "I don't understand the question". Schwartz would have to rephrase it in a "baby way". Now, I know lawyers can sometimes ask questions in complicated ways, but even I understood those questions. I thought to myself "if you don't understand the question, then how the Hell are you a doctor"?

I shuddered to think that this quack was anywhere near my precious little Nixzmary.

When Schwartz asked if Nixzmary was checked for bruises, Abbey-Mensa said it's standard procedure and that an intern would have done it. He said that's why it wasn't written down, because it's standard.

At one point, Schwartz asked him sarcastically, "are you training the intern or is the intern training you"? That illicited some chuckles from the audience and shocked looks from the jury. "OBJECTION"! said D.A. Ama Dwimoh (ja-mo), as she stood up from her desk. "This is his witness".!?

Schwartz also asked if he held the intern in "high esteem". Abbey- Mensa replied "average esteem" illiciting chuckles from the younger reporters at how ridiculous he sounded. "average esteem"? chuckled one reporter to the other.

Abbey-Mensa also stated that Nixzaliz Santiago was also in the hospital and that he referred Nixzmary to a maxillo-facial surgeon for stitches. I can only pray that, that surgeon wasn't as dumb as Abbey-Mensa and that he was gentle with Nixzmary so she wasn't in to much pain. I'll never know.

First that animal Cesar causes the cut on her head and now that poor baby has got to endure the pain of getting stitches. I hope, upstate, some inmate runs a needle through Cesar's head a couple of times so he can feel what he put Nixzmary through.

D.A. Linda Weinman, did the cross examination. She suggested that the reason nothing was written down in regards to Nixzmary having no bruises is because the hospital never checked. If they had checked, they would've seen bruises and it would have been written down. That was mistake #1 that they made.

She also grilled him about seeing an emaciated 7 year old girl with a cut and not reporting it. That was mistake #2. No wonder Abbey-Mensa showed up with a lawyer!
Any human being with common sense who sees a 7 year old girl looking like a skeleton with a cut on her forehead would immediately be picking up a phone. Apparently, not this dummy.

Weinman asked about him not reporting suspected child abuse, "that was a mistake, wasn't it doctor"? to which lame brain responded, "I don't know". I sat in that courtroom and my jaw dropped. I thought "are you kidding me ? what the f*ck do you mean you don't know" ?

He had to walk right past me on the way out. It was all I could do to keep from whispering "effing quack" but I didn't want to cause a mistrial. This guy's a complete joke. He can't speak English very well, doesn't recall anything, can't understand questions, never checked Nixzmary for bruises,and never reported suspected child abuse which he's legally mandated to do. If these are the sort of people Woodhull Hospital hires, then maybe the community should go somewhere else.

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Detective Valentine Makes Faces At Schwartz!

2009-07-05T21:26:00.011-04:00

Photo: Det. Georgina Valentine (l), Nixzaliz Santiago (r)

(This is a copy of a blog that I wrote during Cesar Rodriguez's trial on the day that Detective Georgina Valentine took the stand during Nixzmary Brown's step father's trial. My notes for Cesar's trial are not all that detailed like the notes that I kept for Nixzaliz Santiago's trial. Detective Georgina Valentine was the detective who translated Nixzaliz Santiago's statements from Spanish into English. For a more detailed account of Valentine's actions during Nixzaliz Santiago's trial, click HERE)

By: Dovesblood

In addition to ACS caseworker Vanessa Rhoden, retired detective, Georgina Valentin also took the stand. Valentin is a Latina woman, looks 40ish, and resides out of state. She's the detective who took Nixzaliz Santiago's statement and translated it into English. Right before she took the stand, defense attorney, Jeff Schwartz, petioned the court to declare Valentin a hostile witness so he could have some leeway with her in questioning. The judge denied his petition, stating that just because she's a police officer doesn't make her hostile.

When she got on the stand, Schwartz made her admit that she refused to talk to him beforehand, saying he would have to find out what her testimony would be only after she took the stand. She did admit to speaking and cooperating with the prosecution.

Schwartz grilled her about if she had knowledge about the "reid technique" of interrogation and if she ever used it. When she said she's not familiar with that name and asked Schwartz to describe what it was, he told her to just answer the question. She kept saying she couldn't answer it because she didn't know what it was. Schwartz finally said the reid technique involves using deceit and trickery upon a suspect, and asked her if she ever did that. She never answered.

All throughout her testimony, she continually made faces at Schwartz when he asked her questions as if to let the jury know she's not on his side.

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Nixzmary's Law - Different Bills!

2009-06-17T02:35:00.004-04:00

http://www.assembly.state.ny.us/leg/?bn=A07823

This bill is one of several bills entitled, "Nixzmary's Law" in New York State. Of the several, this one, allowing cops to enter the home without a search warrant in cases of severe or repeated child abuse, pertains to Nixzmary Brown's situation directly. Had this bill been in effect when Nixzmary was alive it could've saved her life.

Wednesday, June 17, 2009
Summary - A07823
Back | New York State Bill Search | Assembly Home

See Text
A07823 Summary:
BILL NO A07823

SAME AS No same as

SPONSOR Towns (MS)

COSPNSR Lancman, Castro, Kolb, Weisenberg, Townsend, Errigo, Eddington

MLTSPNSR Crouch, Gabryszak, Giglio, Greene, Hooper, McDonough, McEneny, Quinn,
Saladino, Schimel, Walker

Add S690.37, CP L; amd SS384-a & 423, Soc Serv L

Enacts "Nixzmary's Law" providing for police officers to enter without a search
warrant for the purposes of investigating severe and repeated child abuse and
maltreatment or to investigate whether the safety of a child is endangered;
makes provisions relating to care and custody of children with parents
suffering with mental illness; and establishes the child advocacy audit office.
________________________________________
A07823 Actions:
BILL NO A07823

04/24/2009 referred to codes
________________________________________
A07823 Votes:
________________________________________
A07823 Memo:
BILL NUMBER:A7823

TITLE OF BILL: An act to amend the criminal procedure law, in
relation to establishing Nixzmary's law and allowing police officers
to enter without a search warrant in certain cases; and to amend the
social services law, in relation to care and custody of children with
parents suffering with mental illness and establishing the child
advocacy audit office

SUMMARY OF SPECIFIC PROVISIONS: Section 1: This act shall be known
and may be cited as "Nixzmary's law."

Section 2: The criminal procedure law is amended by adding a new
section 690.37 titled Search warrants; special provisions relating to
child abuse and maltreatment. This section establishes that: 1) Before
a petition has been filed, under the provision of article ten of the
family court act, and before a search warrant has been issued, under
the provisions of this article, an officer may enter and conduct a
search of a designated premises for the purpose of investigating: (a)
severe and repeated child abuse and maltreatment; or (b) whether the
safety of a child is endangered.

2) States such search must be sustained with allegations of fact
supporting the statements of severe and repeated child abuse and
maltreatment.

3) States the entering police officer must inform such person of his
or her authority and purpose.

4) States in order to effect such an investigation, such police
officers may use such physical force, other than deadly, as is
necessary to execute the investigation.

5) States that following the investigation pursuant to this section
and upon the findings of severe or repeated child abuse and
maltreatment and child endangerment, the police officer shall also,
without unnecessary delay, file a written statement with the court to
issue a search warrant for the purposes of seizing property or making
an arrest.

Section 3: Subparagraph (iv) of paragraph (c) of subdivision 2 of
section 384-a of the social services law, as amended by chapter 256 of
the laws of 1990, is amended as follows:

(iv) States a parent, authorized relative or close friend or guardian
has a right to supportive services to visit the child, and to
determine jointly with the agency the terms of frequency of
visitation.

Section 4: Subparagraphs (i) and (ii) of paragraph (h) of subdivision
2 of section 384-a of the social services law, as added by chapter 477
of the laws of 2000, are amended as follows: (i) States where a local
social services official determines that a child is at significant
risk of placement because the custodial parent or legal guardian of
such child is suffering from a progressively chronic or irreversibly
fatal illness or mental illness and it is determined that there is
neither a relative nor a close friend identified by the

custodial.parent or the legal guardian able to assume legal
guardianship of the child, the custodial parent or legal guardian
shall be assisted in transferring the care and custody of the child to
an authorized agency.

(ii) States that where a local social services official determines
that a child is at significant risk of because the custodial parent or
legal guardian is suffering from a progressively chronic or
irreversibly fatal illness or mental illness and there is a relative
or close friend identified by the custodial parent or legal guardian
who is able and willing to assume care and custody of the child, but
who requires foster care services and financial support the custodial
parent or legal guardian shall be assisted by the local social
services district in transferring the care and custody of the child to
an authorized agency.

Section 5: The social services law is amended by adding a new section
422-d. 422-d establishes the child advocacy audit office

(a-c) Definitions

2. Establishes the Child advocacy audit office for the purposes of
administering an audit of programs publicly funded and services
provided to children and families through the office of children and
family services or local social services districts.

3. Specifies the composition of the agency

4. States that the child advocacy audit office shall conduct a
detailed performance evaluation of the delivery of. services by the
office of children and family services, local social services
districts and voluntary agencies, to children in the care, custody, or
guardianship of the office of children and family services or a local
social services district, and their families.

JUSTIFICATION: In wake of the recent violent death of seven year old
Nixzmary Brown, New York State must take measures to prevent another
such ghastly event from occurring. In the case of Nixzmary, many
reports were filed for possible child abuse with the city
Administration for Child Services and because ACS did not obtain a
search warrant, the police department was not able to properly search
the residence of Nixzmary Brown. If a search would have been
conducted, the young life of Nixzmary Brown could have been saved.

Something must be done in order to prevent another child from
suffering abuse, maltreatment and possible death, as in the case of
Nixzmary Brown. This legislation would eliminate the need for a search
warrant in cases where child abuse is allegedly occurring.

PRIOR HISTORY: A9954 2005, Bill died in Codes Committee; A5192 2007,
Bill died in Codes Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law.

-------------------------------------------------------------------------------------
SOME PERSONAL THOUGHTS OF MINE. BY: DOVESBLOOD

When I first read this bill, the first two words that popped into my mind were: "Fourth Amendment". The Fourth Amendment to the United States Constitution guards against "unreasonable search and seizure". This Amendment is routinely violated everyday on the streets of New York City by cops doing illegal patdowns in the name of searching for weapons when they're really just looking for drugs. The last thing people want are cops busting open people's doors in the name of child abuse when they're really just looking to make a drug bust! I believe that the Fourth Amendment should be fiercely guarded and protected. Nixzmary didn't die because a search warrant was denied, she died because ACS never bothered to apply for one! I think getting a search warrant is the best route to go because that's the route that doesn't violate the Constitution. If anything, ACS should be mandated to apply for a search warrant if the child isn't seen within a specific time period. The search warrant would still allow authorities inside of the house to inspect the child, potentially saving a life.

It all comes back to ACS. If ACS never cared enough to apply for a search warrant, then even if this bill was in effect, the same lazy workers probably wouldn't care enough to get the cops to go in! Perhaps if ACS workes were held criminally responsible for any child that died due to their incompetance, they'd take their jobs more seriously if they knew that they were going to jail if anything happened to the child. ACS workers need to be forced into action.

This bill does away with the need for a search warrant which could cause problems Fourth Amendmnent wise. That being said, of all the bills in New York State being called "Nixzmary's Law", this one still comes the closest to Nixzmary's situation.

Had this bill been in effect when Nixzmary Brown was alive, it could've saved her life. When Nixzmary was missing from school in late December 2005, the social worker at the school, Margarita Cotto, went to Nixzmary's house to try and see her but Cesar refused to let her in. Cotto tried to push her way past Cesar but suffice it to say she was no match for him. If this bill was in effect when Nixzmary was alive, the cops could've gone in without a search warrant, whether Cesar liked it or not, seen Nixzmary emaciated and bruised with 2 black eyes and gotten her out of there saving her life.

When the ACS worker, Joyceline St.Hill went to the home on numerous occassions, Cesar also refused to let her in! He would tell her the family wasn't home. St.Hill of course bought all of his lies - hook, line and sinker! If this bill were in effect when Nixzmary were alive, the cops could've gone in, seen an emaciated looking skeletal child and saved her.

On December 30th. 2005 Nixzmary hadn't shown up to school for almost a month! ACS Supervisor, Andrew Bartley, wanted to wait another week to see if she showed up before applying for a search warrant! (as if a month wasn't long enough) Suffice it to say, Nixzmary never showed back up. She was murdered 2 weeks later while Bartley was still contemplating getting his search warrant! Another supervisor, Orlene Cummings, was even less concerned than Andrew Bartley was. Orlene Cummings told Nixzmary's caseworker, Joyceline St.Hill that if Nixzmary returned back to school, to send a note home with her to her parents! If this bill were in effect, they wouldn't need to apply for a search warrant if they suspected child abuse. They could've just gone in with the cops, seen Nixzmary bruised and beat up and saved her life!

On the night Nixzmary died, did any of the neighbors hear her crying? Hear her screaming? Maybe they could've called the cops and saved her?

Again, if this bill were in existance when Nixzmary Brown was alive it could've saved her life.

I have some mixed emotions about this bill. On the one hand, I'm happy that children's lives could be saved by this law. Cops will be able to go in and see if they're ok and if they're in a house emaciated with 2 black eyes, bruised and beaten up like Nixzmary was, they could get them out of there saving their life. I'm happy that children's lives will be saved. But, at the same time, Nixzmary Brown had to die for a bill like this to come into being.

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Nixzmary picked dandelions in the park!

2009-05-31T01:26:00.004-04:00

By: Dovesblood

I recently met someone who use to know Nixzmary Brown. This lady would see Nixzmary in the park and she told me that when Nixzmary saw her she would run up to her and hug her and kiss her.

She said Nixzmary appeared happy and you couldn't tell that anything was wrong. She said maybe her child like instincts allowed her to forget what she faced at home.

She said she saw bruises but didn't know they were from Cesar and would have said something if she had known.

She said she wrapped a bracelet around Nixzmary's wrist that she had just won in a store machine. Nixzmary liked it. She told me that she still has the other half to the bracelet. She also said that she's thinks maybe Cesar might have taken the bracelet from Nixzmary.

I asked her what Nixzmary's voice sounded like. She said Nixzmary had the voice of a little angel. That it was squeeky and high pitched.

She said Nixzmary was like a little doll.

I asked what she remembered Nixzmary wearing. She said the last time she saw Nixzmary she was wearing a purple tank top, jeans and little Strawberry Shortcake sneakers.

She also told me that she and Nixzmary would pick yellow dandelions in the park and that Nixzmary always liked the smell of them. She asked me if when I go to Nixzmary's grave next, if I could bring Nixzmary a dandelion for her. She said Nixzmary will know who it's from. I told her that I would.

Hearing that Nixzmary would pick yellow dandelions in the park was something that made Nixzmary all the more real to me. To often we hear these names of famous child abuse victims but we never really identify with them as actual, real human beings that you would see when you go outside walking. People that actually walked this Earth.

Nixzmary Brown is not just a name. She was a little girl with Strawberry Shortcake sneakers who use to go into the park and pick dandelions. A little girl who lit up when kind lady gave her a bracelet. She was real. She was a real live human being who you might have seen in the park or out walking in your neighborhood. She was alot more than just a famous name. There's a real live human being behind that name.

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Nixzmary Juror Names

2009-05-20T20:30:00.004-04:00

By: Dovesblood

These names, occupations and hometowns of the jurors who served on Nixzmary Brown's murder trials are all PUBLIC RECORD as they were all spoken on the record in court. It's being provided here for the sake of historical accuracy.

The names, occupations and hometowns of the 12 jurors on Nixzaliz's trial are as follows:

1) ENEL ETIENNE: Black male, 41, lives in Canarsie, investigator for City Dept. of homeless services.

2) NANCY CALEB:Black female, 29, lives in Crown Heights, college administrator.

3) JALEDA YATES: Black female, 20, Flatbush, has a single child, unemployed cashier.

4) STEPHAN DEBINO: Black male,35, Crown Heights, teaches middle school, married, 3 year old girl.

5) DENISE ABDEL-DAYEM: White female, heavy set, late 40's, Bayridge, bookkeeper with city human resources administration, married to computer programmer.

6) EVA MILLER: Black female, 60, City Line, retired, divorced with 2 children.

7) THELMA HOWARD: Black female, 64, Clinton Hills, father was a lawyer, grandfather was a judge, 26 year old son.

8) J.L. WILLIAMS: Black female, 50's, Clinton Hill, retired nurse, married to a medical examiner, 2 grandchildren.

9) BRENDA BAGOT: Black female, 50's, Canarsie, separated from husband, 4 grown children who work as a doctor, baker and social worker.

10) ETHEL MALLARD: Black female, 58, East Flatbush, works for City Health and Hospitals Corp., 2 grown children.

11) LORRAINE JOSEPH: Black female, 30-40's, single mom, son in Iraq, 14 year old daughter.

12) FALASHEDA HALL Black female, 32, Mill Basin, receptionist at a hotel, 1 young child.

Some of these juror's conduct at the trial was a little less than professional. Jurors 2 and 3 would laugh and giggle and carry on everyday. This is a murder trial, respect should be shown. Juror 4 was seen dozing off. Juror 7 kept staring into the audience constantly.

The names of the 5 alternate jurors on Nixzaliz's trial are:

1. LENORE HABERSHAM: White female, late 50's, Park Slope, housewife.

2. CAROL GORDON: Black female, 911 operator.

3. ANTOINE URBAN: Black male, Crown Heights, on disability.

4. SUSAN QUIRINDONGO: Hispanic female, 20's, East Flatbush, banker.

5. JEREMY HUDSON: White male, mid 30's, Brooklyn Heights, manager for Bank of America, former military.

Alternate juror 4, Susan Quirindongo would often be seen coming into the courtroom talking and smiling with Alternate 5, Jeremy Hudson.

Here are the names of Cesar Rodriguez's jurors. They all live in different parts of Brooklyn, N.Y.

1. RONALD SOUFFRANT: Black male, 30's, East Flatbush.

2. RENEE SCHNALL: White female, 38, Crown Heights, has a law degree but works as a human resources director at the Metropolitan Council On Jewish Poverty located in Manhattan.

3. TERRENCE COBWELL: Black male, 34, Starrett City, works for Verizon in Manhattan.

4. JANICE RICHARDSON: Black female, 50-60's, East New York, retired.

5. MERCEY LOUIS (?) Cypress Hills.

6. NICOLE DORCE

7. ROMY MANN: female, Fort Greene

8. BARBARA BURNS: Black female, 40's.

9. GWENDOLYN HUTLEY: female, East New York

10. AMANDA BLONSKY: female, Park Slope

11. ZENA McCLEAN: female, Kensington

12. YVONNE ROBINSON: female

Renee Schnall is the juror who convinced the other jurors to vote manslaughter instead of murder. Because Renee wouldn't bulge, the other jurors voted manslaughter to prevent a mistrial.

Terrence Cobwell also wanted manslaughter. Everyday, Renee Schnall would be seen chatting and talking with Souffrant and Cobwell, during testimony! Terrence Cobwell used to make a pillow with his hands and rest his head on the jury box!

Janice Richardson hugged Cesar's attorney, Jeff Schwartz at the sentencing and told him how she missed him. Richardson also said in an interview that if she ever needed a lawyer, she would hire Jeff Schwartz.

Juror 8, Barbara Burns, has stated that after Cesar's trial, she's been waking up at night in cold sweats and gets goosebumps all over her body. She said that there's a light colored wall in front of her bathroom and as she's leaving the bathroom at night, she sees Nixzmary's face flash on the wall in front of her. The image is that of Nixzmary in her white graduation gown. Burns also stated that every night around 3:30in the morning, she's awakened by the sound of a little girl crying. Her and her husband walk through the whole house but there's no little girl.

I don't think Barbara Burns is making that story up. A school nurse named Khadija Charles, who also attended Cesar's trial said the same thing. That sometimes at night around 3:30 am when she's leaving her bathroom, there's a light colored wall and she also has seen Nixzmary's face flash on the wall in front of her! The image is the same: Nixzmary, the way she looked in her graduation photo.

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Nixzmary's Mom & Stepdad's Prison Addresses

2009-05-20T19:58:00.003-04:00

Photo: Nixzaliz Santiago & Cesar Rodriguez

By: Dovesblood

The following information is all public record

These addresses are being provided for the sake of historical accuracy. So readers of Nixzmary Brown's story know what became of her parents and where they went.

These addresses are also being provided because Nixzmary Brown is now deceased. She can't tell her parents that what they did to her was wrong but WE can! We can be Nixzmary Brown's voice and let Cesar Rodriguez and Nixzaliz Santiago know that what they did to Nixzmary Brown was wrong!

Nixzmary Brown's killer, Cesar Rodriguez is currently being incarcerated at Clinton Correctional Facility. Here's the full address:

Cesar Rodriguez 08A1969,
Clinton Correctional Facility,
P.O. Box 2001,
Dannemora, N.Y. 12929-2001

The phone number for the prison is (518) 492-2511.

Nixzaliz Santiago's prison address:

Nixzaliz Santiago 08G1183
Bedford Hills Correctional Facility
247 Harris Road
Bedford Hills, N.Y. 10507

The phone number for the prison is (914) 241-3100

All mail must have a return address and no death threats, otherwise it won't be given to them and the sender could get into trouble. I'd hate to see anyone here get into any trouble over these pieces of $h*t so BE CREATIVE. Get those creative juices flowing!

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Defense Lawyer, Jeffrey Schwartz Defending Another Murderer!

2009-05-14T15:12:00.003-04:00

Photo: Jeffrey Schwartz

By: Dovesblood

New York City lawyer, Jeffrey Schwartz, who defended Nixzmary Brown's step father, is currently the defense attorney on another high profile case in New York City. Schwartz is defending John Katehis, a 16 year old teenager accused of stabbing to death New York City, WABC radio reporter, George Weber, who's 47.

George Weber placed an ad on Craiglist looking for rough sex and the 16 year old, John Katehis, responded in exchange for $60.00. Weber reportedly gave Katehis alcohol and drugs and during that drug fueled, rough sex romp, John Katehis stabbed George Weber 50 times to the neck and body! Afterwards, Katehis took off his bloody clothing and dressed himself in the dead man's clothes! When he was arrested he was still wearing George Weber's clothing! Katehis' Myspace page described him as a, "Satan loving, knife-wielding, sado masochist".

Schwartz, on Katehis' behalf, will be claiming self-defense!

See newspaper article.

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Nixzmary ACS Supervisor, Orlene Cummings Retires With Pension!

2009-05-05T13:02:00.003-04:00

By: Dovesblood

I recently found out that an ACS worker named, "Orlene Cummings" has retired from ACS in January of 2009. (In N.Y. CPS is called ACS: Administration for Children's Services) I haven't confirmed that this is the same Orlene Cummings that was assigned to Nixzmary Brown's case but how many women work for ACS named "Orlene Cummings"?

Here's who Orlene Cummings is: On Dec. 30th 2005 Nixzmary Brown hadn't shown up to school in almost a month. Rather than get a search warrant to go into the house to inspect the child, Supervisor, Andrew Bartley, wanted to wait another week to see if Nixzmary would show up!!! (As if a month wasn't long enough!) Supervisor, Orlene Cummings was even less concerned than Andrew Bartley was. Orlene Cummings told Nixzmary's caseworker, the p!g, Joyceline St. Hill, that if Nixzmary returned to school, to send a note home with her to her parents!!! A note!!! A godd@mned m*therf**king note!!! I'd like to take that note and shove it up Orlene Cummings' st!nking a$$!!!

Just in case, you were wondering, Nixzmary never showed back up to school. You know why?

BECAUSE SHE WAS MURDERED!!!

Now, this cockroach of a woman has retired and is receiving a tax payer funded PENSION! That means that every time money is taken out of YOUR paycheck, it being used to pay Orlene Cummings! Orlene Cummings is being paid because she was a lazy b*tch who did nothing and a beautiful little girl named Nixzmary Brown died because of this roach and her incompetance! Her pension is Nixzmary Brown's BLOOD MONEY!!!

Oh, by the way, Andrew Bartley and Joyceline St. Hill are both currently suing ACS for their jobs back!!!! As if being responsible for Nixzmary's death wasn't bad enough, these two want to keep raking in the bucks at the expense of vulnerable kids!

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Legal disclaimer

2009-05-02T01:36:00.001-04:00

By: Dovesblood

All articles as well as any sentences written in the form of a statement, within this blog, "The Nixzmary Brown Chronicles" by myself, about any individual or individuals, should be understood to be strictly my opinion which is protected by law under the 1st Amendment of the United States Constitution.

I am not advocating in any way, any act of violence and will not be held responsible for such, as a result of these blogs.

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Who I Am & How I Came To Document Nixzmary's Story

2009-04-26T02:49:00.009-04:00

By: Dovesblood

For those of you who are wondering who I am, who is Dovesblood? here's a short synopsis of who I am and how I came to document Nixzmary Brown's story.

First and foremost, I'm a supporter of Nixzmary Brown. I attended her stepfather, Cesar Rodriguez's, murder trial everyday for 3 months. I attended a half a year's worth of pre-trials for Nixzmary's mother, Nixzaliz Santiago. During these pre-trials I was the only member of the public to show up! I also attended Nixzaliz Santiago's 5 week murder trial on a daily basis. I was a witness to the testimony of Nixzmary Brown's torture death.

MY CONTRIBUTIONS TO NIXZMARY'S STORY ARE:

1) Complete coverage of Nixzmary Brown's mother's pre-trials and trial.

2) Exclusive pictures of the inside of Nixzmary Brown's apartment!

3) A complete biography of Nixzmary Brown's life from the time that she was born up until her untimely death.

My coverage of Nixzaliz Santiago's pre-trial and trial: Everything spoken in the courtroom from the beginning of the day all the way to the end of the day, everyday, I documented. Alot of the pre-trials were never covered by the newspapers. Reporters were in the room but articles were never written. My coverage is the only documented source, (aside from court transcripts which would cost you a fortune to purchase) of what went on in the room. You can read about what the papers never wrote about. In reference to the trial, the media coverage was incomplete and that's putting it mildly. There were topics discussed in the room that the media never covered. They only covered the main points for each day. My coverage includes every single topic discussed in the room, in chronological order. You can view my complete coverage of Nixzaliz Santiago's pre-trials and trial in the INDEX of this website.

Exclusive photos I took of the inside of Nixzmary Brown's apartment: On the third anniversary of Nixzmary's murder, I went to her apartment in Bedford-Stuyvesant, Brooklyn. The apartment was abandoned. I took photographs of everyroom in the apartment including the bathroom where the fatal blow to the head was inflicted, her bedroom where she was held prisoner and the children's room where she ultimately died in. This is the first time that pictures of the inside of Nixzmary's apartment are being made available to the public. If you'd like, you can view the photos HERE

My Nixzmary Brown biography: Prior to the biography that I wrote about Nixzmary, The Short, Sad Life Of Nixzmary Brown, there was no one written source where people could read about Nixzmary's life, from her birth in Connecticut all the way up to her death in Brooklyn, New York. People would have to piece together different bits of information from various newspaper articles to try and construct what her life was like. My bio. puts it all in one place. One stop shopping, if you will.

HOW I CAME TO DOCUMENT NIXZMARY'S STORY:

At first I did not set out to document this story. It happened quite by accident. Here's how: I had been crying over the death of Little Nixzmary every single day. It got to the point where I couldn't even hear the name, "Nixzmary", without breaking down into tears. I've heard that others also have experienced that, where even the mention of the name, "Nixzmary", causes them to break down. At the trial, a supporter named Khadija, told me the same thing, that she too would cry in the beginning at the very mention of the name. I remember once, I was on a Greyhound bus and some people on the bus were talking about the case. They said her name. I sat there, unable to escape and took a deep breath because I knew what was going to happen. I turned my head away and sure enough I started to tear up. I tried to hold the tears back as best I could. So it was getting to the point where I was crying everyday and I said to myself that if I'm this effected by the Nixzmary Brown story, then when it starts, I should just go and be there.

When I first started attending Cesar Rodriguez's murder trial, I was not taking notes or memorizing what was being said. I simply wanted to be in the courtroom to show my support for Little Nixzmary and hear about her life and what happened to her.

In February of 2008, the defense's Medical Examiner, Dr. Charles Wetli, took the stand. Wetli testified that in his opinion Nixzmary Brown was NOT malnourished. As you can imagine this was hotly contested by the lead D.A., Ama Dwimoh (ja-mo). The two of them were really going at it. At one point, Wetli made some diagnosis about Nixzmary's medical condition when she was ALIVE and Dwimoh said, "Objection!!! He works on DEAD bodies not LIVE children"!!! The whole courtroom started to laugh. Wetli just sat there stone faced staring at her. Let just say, he did not look amused. You have to remember that Nixzmary Brown was only 36 pounds when she died, the weight of a 4 year old.

Through out the day, graphic pictures of the crime scene were shown. These pictures are really haunting. I find them to be more disturbing than the autopsy photos. The main crime scene photo showed Little Nixzmary lying dead on a wooden floor. Her complexion is a ghastly white color. She's naked from the waist up and wearing only a pair of red sweatpants. Under her head is bundled a lavender top and red sweatshirt. Her head is turned to her left. Her hair is pulled back into a ponytail. She's got two black eyes, raccoon like, that encircle her entire sockets. Her face is completely sunken in from being emaciated. Her mouth is slightly open. Her shoulder bones are jutting out and her hip bone is sticking out (similar to an Aushwitz victim) She's so skinny that you can see the bones right through her chest. Her body is only fitting into a little more than half the sweatpants. The sweatpants are hanging off of her, loosely, to the left. Her right hand is lying on her chest and her left hand is sprawled out onto the floor. Her right leg is bent, like an "L"shape so the bottom of her foot is facing her left leg. The photo looks more like a corpse that was lying on the floor dead for days instead of a child that had just died.

So throughout the day, a debate was going on as to whether or not Nixzmary Brown was actually malnourished. (as if you couldn't tell from just one look at those photos!) When court recessed for lunch, I decided to stay behind in the waiting room right outside of the courtroom. Here's how it's set up: Judge Hall's courtroom was up on the 21st floor. You have to go down a long hallway and her courtroom is the last room on the left hand side, right before a waiting room with benches. At the very end of the hall is the waiting room. It's sort of like a thermometer. It's long and at the end is a circle (the hallway and the waiting room)So everyone had left to go to lunch. The halls were completely empty. The only people in the waiting room with me were a reporter from Newsday and the sketch artist, Marilyn Church. Just the three of us. Marilyn was sitting on the left hand side of the waiting room. She was putting some finishing touches on her sketch and pulled out an apple to eat. The reporter from Newsday was sitting on a window sill looking out the window while eating. He was on the same side of the room with Marilyn. I was sitting on the right hand side of the room, on a bench, closest to the window, reading.

About a half an hour into the lunch break, Cesar's lawyer, Jeffrey Schwartz, and his partner, Barry Deonarine came out of a side room into the hallway. The two had been working in there during lunch. The halls were completely empty but unbeknownst to them, the three of us were positioned quietly in the waiting room, out of sight. (Marilyn and the reporter on the far left of the room and myself on the far right) Jeff Schwartz said to his partner, Barry Deonarine, "do you have to eat or....." Deonarine quickly replies, "no, no, I have to eat"! to which Schwartz replied in a mocking, smart ass voice, "maaaal-nu-triiiition"! The two men laughed and walked down the hallway to get their food! I couldn't believe it!! I immediately got up from my seat and went to the center of the room to look into the hall. I wanted to run down the hall and kill them! I looked at Marilyn and the reporter. "Did you hear that"???!!! "Did you hear that"???!!! I said to them in an angry, disbelieving tone of voice. The two acknowledged that they heard it. Marilyn then shook her head back and forth. I looked down the hallway. The two were already to the end of it. I shouted something but I'm not even sure that they heard it. The reporter from Newsday also shook his head and said that he couldn't believe that Schwartz said that. We all started talking about what just happened. Afterwards, I walked over to the window sill on my side of the room. From the 21st. floor you could see the City below and the Brooklyn Bridge. As I stood there, looking out the window, I started thinking about the grave with no grass on it that I had just visited. The Bratz doll that I took there for her that I know she'll never play with. I thought about the beautiful little girl in the Power Ranger costume who was reduced to looking like a skeleton in those photos. In my mind I could hear Schwartz's voice mocking her. I felt a wetness on my cheek.

After the lunch hour was over and people were sitting in the courtroom waiting for the proceedings to start, I approached the NY Daily News reporter, Scott Shifrel, and told him what had happened over the lunch break. He told me that he has heard Schwartz joke around plenty of other times about this case. He mentioned one incident where Schwartz said that cat food has calories in it. (Cesar would lock Nixzmary up in a spare room and leave her nothing to eat but cat food) He asked me if the Newsday reporter was going to be using it. I said I didn't know. Shifrel walked over to talk to the Newsday reporter and the sketch artist to confirm the story. Afterwards, he told me that if he didn't hear it, that he can't really use it.

Inside I was outraged that the reporter wouldn't be using it. I thought, people need to know what this attorney said. I remembered that underneath all of the online articles, that there was a section for blogger comments. It occured to me that maybe I could leave a comment under the article about what really happened today. I had never blogged on a newspaper article in my life but I knew that it was the only way to get the story out there. I wanted people to know what really happened today and not some censored newspaper version! Most people get their news from the physical newspaper. I'm guessing that even less get it from the internet and probably even less people read those blogs. Even though I wouldn't be reaching as many people the way I would if the incident were described in the actual article, I'd still be reaching some people. I decided that if the incident couldn't be in the article, that it would be underneath it (in the comment section). I was a little scared but I decided that I had to do it.

I didn't want to use my real name so I had to come up with a name for myself. I wanted my name to be representative of Nixzmary Brown and what happened to her. A dove is a symbol of peace and all children are peaceful. Blood represents violence, that something awful just happened. So the "dove" represents Nixzmary and the "blood" represents something violent happening to her. Hence, my new name was, "Dovesblood". When the blood of a dove has been spilled, when peace has been interrupted, only violence can ensue afterwards. Conversely, in Wicca, the blood of a dove is used in love spells as an ingredient. So Dove's blood also means, "love".

After I figured out how to get online, an email address, passwords etc. (this was a whole new world for me) I wrote briefly about the incident. Afterwards, I realized that there was alot that was going on in the room that the newspaper reporter was leaving out. I decided that I would pick up where the reporter left off and write what he failed to write about. Back during Cesar's trial, my blogs were not that detailed. Perhaps a paragraph or two.

When Nixzmary's mother's trial came around, knowing how inept the media was at reporting what went on in the room, I decided I would document the whole trial in excruciating detail. Every topic covered in the courtroom would be written about so in this way a record would be made for all those who cared to read it. Granted not everyone wants to read every single detail of a murder trial and would rather read just the main happenings for the day. But, for those that are deeply effected by the murder of Nixzmary Brown, every single detail, every topic, is important. If it were your child, wouldn't you want to know everything that went on in the room? Since no one else was doing it, I took it upon myself to document history. This trial really is a part of child abuse history. I don't know short hand so I wasn't able to record every word said. I did my best and I tried to write as fast as I could. In essence, my work is as close as you're going to get to the events that unfolded in that courtroom, short of actually ordering the minutes for the trial which would cost thousands.

Only two people are in possession of detailed notes for Cesar and Nixzaliz's trials. Pastor Greene for Cesar's trial and myself, Dovesblood, for Nixzaliz's trial. At Cesar's trial, a middle aged black woman named, Pastor Greene, attended everyday and took copious notes of everything. She is the only civilian with detailed notes of Cesar's trial. For Nixzaliz's trial, I, Dovesblood, am the only person that has detailed notes from her pre-trials all the way up to the end of her trial. Pastor Greene showed up at Nixzaliz Santiago's first pre-trial but after that she never came again. I heard that she was having some personal problems. Don't know of what nature. There were rumors that she was planning on writing a book but I don't know how true that is. If she is, it would be a good thing. I don't know what ever became of Pastor Greene's notes or what she plans on doing with them. As for my notes, I put them all up on the internet so people could learn about Nixzmary's trial. First on newspaper blogs and then I transferred the notes to this website.

In closing, let me just say for the record, that I hold no ill will towards any of the defense attorneys in this case: Jeff Schwartz, Kathleen Mullin, Barry Deonarine or Sammy Sanchez. Granted, what Schwartz said was in bad taste, and that's putting it mildly!, but I still understand that defense attorneys are just doing their jobs. 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"? Well, 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 Cesar's trial, I hated 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 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.

Maybe everything happens for a reason? If Jeff Schwartz hadn't made that stupid remark, I would have never started blogging, I would never have started to document the trial and this website would not even exist. If he hadn't made that remark, people would have no way of learning, in detail, about Nixzmary's life, via my notes. Maybe things do happen for a reason?

If you have some time, visit my other rwebsite at:

CHILD ABUSE HEADLINES.COM

So that, my friends, is how "Dovesblood" was born. In Brooklyn Supreme Court, up on the 21st floor, in the waiting room at the end of the hall. Created to exact vengeance. Born from the blood of Nixzmary Brown.

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Nixzmary Mom Trial, Day 21: Sentencing Postponed!

2009-03-27T19:35:00.003-04:00

(Photo: Brooklyn Supreme Court)

By: Dovesblood

On Wednesday, November 5th. 2008, the sentencing for Nixzmary Brown's mother, Nixzaliz Santiago was schedueled.

I had heard rumors over the internet on Sunday and Monday night, that the defense lawyer, Kathleen Mullin, was out of town and that the sentencing would be postponed until the following Wednesday, November 12th. Tuesday November 4th. was election day, so no one picked up when I called the courthouse to find out if the sentencing really was scheduled for tomorrow. Not wanting to take a chance on the rumors not being true, I decided I would go to the court tomorrow anyway.

Outside of the courthouse, I ran into the El Diario reporter, Candida Portuguese. El Diario is a Spanish newspaper in New York City. They've been covering the trial daily. The reporter told me that as far as she knew, the sentencing was still scheduled for today. She had to go to her office but said she'd be in the courtroom in a little while.

I decided first to go up to the Court Clerk's office on the 13th floor (yes, unlucky number 13. Personally, you couldn't pay me to work up there) to find out if the sentencing really was today. They told me that it's still in the computer for today and maybe the postponement just recently happened so it's not out of the computer yet. The woman said I should just go to the courtroom and find out for sure.

When I went up to the second floor, Nixzmary's grandmother, Maria Gonzalez, was there with two Hispanic women. The Ceremonial Courtroom #1 wasn't opened yet. I was sitting in the waiting room, directly across from Gonzalez and the two women. A guard saw me and asked me if I was waiting for Judge DiMango. I said yes. He told me that her Part (courtroom) had been moved upstairs. (I forgot which floor he said, sorry) He said she's been moving around alot lately. I thanked him and left to go upstairs.

Apparently, he hadn't told Gonzalez because she was still left down there.

I saw Lissette, a courtroom spectator, who normally sits in on Judge DiMango's trials up there. There was no media anywhere to be found. The judge's courtroom wasn't opened yet so we were just waiting outside of the courtroom door. Another spectator from Nixzaliz's trial, this young black female that works for the bus company, Atlantic Express, was also there. Natasha, another spectator from the trial showed up. A little while later, Maria Gonzalez and the two Spanish women came upstairs. One of them was looking at the electronic courtroom calendar that was to the side of the courtroom door to see if Nixzaliz's name was on it.

Me and Lissette walked over to the waiting room down the hallway. Lissette sat down on the bench by the window while I was standing up, looking out of the window. Maria Gonzalez and the two Spanish women came into the waiting room. They sat on the opposite side of the room from us. One of them was looking at me as I stood by the window. I looked back, wondering who she was and if she was related to Nixzmary, but I never said anything. Then Jamila, another spectatator from Nixzaliz's trial, showed up.

They finally opened up Judge DiMango's courtroom and let everyone in.

As we were sitting down talking, the El Diario reporter came into the courtroom.

One of the guards was bringing in a leather burgundy chair to put down for the judge to sit in. When I saw that, I knew right away this was DiMango's courtroom. On the first day of jury selection for Nixzaliz on the second floor (which is not where DiMango normally presides over) there was this regular chair for the judge to sit in. DiMango decided on her first day in the new courtroom that she didn't like the regular chair and made the guard go get her a padded, leather, burgundy chair. I guess she wanted to be comfortable.

Anyway, DiMango's court clerk, Peggy, tells me that the sentencing was in fact postponed until the following Wednesday, November 12th. Then she told Maria Gonzalez and her people the same thing. El Diario left first. Then Gonzalez. I stayed around for a few minutes chatting with the spectators, then I left.

I ran into the Daily News reporter outside and he confirmed that the sentencing was postponed.

How come the lawyers couldn't pick up the phone and at least call Gonzalez? Not that I care.

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Nixzmary Mom Trial, Day 20: Verdict Day!

2009-03-12T04:48:00.002-04:00

By: Dovesblood

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Count 2: MANSLAUGHTER 1st. degree - guilty!

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

Count 4: CRIMINALLY NEGLIGENT HOMICIDE - not guilty!

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

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

Count 7: UNLAWFUL IMPRISONMENT - guilty!

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

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

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

Nixzaliz, for the most part, sat stone faced.

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

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

Nixzaliz was taken out of the room.

DiMango swiftly left the room.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE END

Some personal thoughts.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Nixzmary Mom Trial, Day 19: Jury Deliberations: Day 2!

2009-03-09T07:49:00.003-04:00

By: Dovesblood

October 16th.2008 was the second day of jury deliberations in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago.

People were just sitting in the courtroom chatting with each other, waiting around for the jury to come back with a verdict.

Judge Patricia DiMango was wearing a black lingerie-like top with spaghetti straps and black bell bottom pants. Lead D.A., Ama Dwimoh (ja-mo) was wearing a black dress with a gray plaid jacket. Asst. D.A., Anthea Bruffee, was wearing a white top. I didn't write whether she was wearing pants or a skirt (sorry) but it was black. Asst. D.A., Linda Weinman, was wearing a midnight blue skirt suit. Defense lawyer, Sammy Sanchez, was wearing a black suit. Defense lawyer, Kathleen M. Mullin was wearing a black skirt suit. The defense's appellate lawyer, Beverly Van Ness was wearing a purple top with a gray skirt. Nixzaliz's mother, Maria Gonzalez and her spokesperson Awilda Cordero were there. Gonzalez was wearing a beige cardigan, a black and white leopard shirt underneath and a headband.

During Cesar's closing arguments, there was this melato black female lawyer who was there in the audience. She was acting in a lowlife manner, carrying on and laughing loudly in the room. She wouldn't shut up the whole time. Anyway, she showed up today and was talking to one on Dwimoh's assistants. Not surprisingly, she was again carrying on and laughing loud and literally doubling over with laughter. That happened a couple of times. I know that court is not officially in session and everyone is just waiting around for the jury to come back but that room is still technically the place where a murder trial for a child is going on. Some sort of respect should be shown and this woman was carrying on like a lowlife.

Moving on, there was a reporter putting on her blush in the room.

When they brought Nixzaliz out, she was wearing a brown shirt, navy blue jeans with designs on the back pockets and her hair was in a bun enclosed in a brown, knitted bun holder.

Judge DiMango announces to the room that there are two notes from the jury. In the first note, the jury wanted to know when the A.C.S. workers went to the school, all the dates that A.C.S. visited the house, Nixzmary's medical records from birth up until age 7, (?) pictures, and they wanted the medical records that say where the blunt impact on the head occurs.

According to my notes, DiMango told the jury that the ACS workers went to the school on Nov.1st. 2005. The actual date that the ACS workers visited the school was Dec.1st. not Nov.1st. If my notes are correct, then that means that THE JUDGE GAVE THE JURY WRONG INFORMATION TO DELIBERATE ON! If my notes are NOT correct, then I apologize to Judge DiMango for writing this. The only way to know for sure would be to look at the official court reporters transcript to see what the judge actually said. That's something I don't have access to. I should point out that nobody in the room objected when the judge said it. I didn't even realize that there was a discrepancy until right now as I'm looking at my notes and typing this. If it is true that she gave them the wrong information, the defense will probably use that as a basis for appeal.

DiMango also told the jury all of the dates that the ACS workers visited the home: Dec.1st 2005 (when Nixzmary showed up at school with the gash to her eye), Dec.8th- no access, Dec. 9th.- they called and there was no answer, Dec. 21st. - they called and the phone was not in order, Dec.23rd.- visited with no access, Jan. 1st- visited with no access, Jan.11th.- they visited and Nixzmary was found dead.

DiMango gave them the medical records. (in reference to where Nixzmary was hit on the head, it was on the right hand side of her head)

Then DiMango read the second note from the jury. They were requesting the testimony of ACS worker, Vanessa Rhoden (who saw Nixzmary at the school and went to her house and was shown by Nixzaliz, the fetus in the jar)

At this point the sargent in the room tells two reporters to put away their newspapers and to stop putting on make-up.

DiMango then said to the jury, "We sent you all of the photos of the apartment. We have two photos taken that depict items in the apartement. Do you have what you need?" The jury responded, yes.

DiMango then informed the jury that Donna, the court reporter would read them back the testimony of the ACS worker, Vanessa Rhoden. When Donna got up from her chair to approach DiMango's bench to talk to her, jurors 2 and 3, Nancy Caleb and Jaleda Yates, two young black females, started laughing. These two are very unprofessional and have been seen laughing in the jury box on more than one occassion. After Donna, the court reporter finished reading the jury Rhoden's testimony, they leave.

The Judge DiMango announced that court would be in recess for a little while. Afterwards, she put on a long leopard jacket. Some female reporters, upon seeing the jacket, were acting catty and snotty about the jacket. DiMango, because she dresses nice, intimidates alot of the women in the room. If they were secure with their own selves, they wouldn't be so intimidated by her.

One of the spectators in the room, this little old black lady named Lena, who goes to all of the high profile cases, was talking about the time she went to the Gotti trial.

Lead D.A., Ama Dwimoh, was talking to reporters.

At 1:00 pm, Judge DiMango comes back into the room (wearing her leopard jacket) and hands the sargent a photo that he then takes out of the room. DiMango told the audience that the jury had asked for a colored copy of the brain that was in the text book. Here's what that means: one of the defense's exhibits was an illustrated photo that they got from a medical textbook, depicting what a subdural hematoma looks like. (subdural hematoma is bleeding on the brain- what Nixzmary died from)

Then Judge DiMango announced that they'll be in recess for lunch and resume at 2:15 pm.

At 2:35, everyone was let back into the room. Again people were just waiting around for the jury to come back with a verdict. People chatted with each other, read newspapers. The sketch artists were putting finishing touches on their sketches. I was reading a book, and doing some other stuff.

The defense counsel, Kathleen Mullin, walked over to the first row, on the right hand side of the room, where the defense's appellate lawyer, Beverly Van Ness was sitting. "Want a gum"?, asked Mullin. She had a pack of blue Orbit gum. Van Ness took a gum. "Want a gum"? "Want a gum"?, Mullin asked Sanchez and the Spanish translator, Jeanette. Both said yes so Mullin handed out gums to them. I was thinking, "I want a gum, too!" When Sanchez popped the gum in his mouth, for a second it was dangling out of his mouth. The four of them were over there eating their gum.

Another note came in from the jury. They wanted counts 1-4 read back. Those are Murder 2, Manslaughter 1, Manslaughter 2 and Criminally Negligent Homicide.

When the jury was brought in, Judge DiMango asked them if they also wanted the charge for accessorial liability, meaning: "acting in concert" read back to them. They said, NO.

When the jury answered, no, that they didn't want "acting in concert" read back to them, I knew in that instant that they found Nixzaliz guilty of one of the higher homicide charges and not criminally negligent homicide. As soon as they said, no, I knew her fate was sealed. Here's why: all of the charges require that in order to find Nixzaliz guilty that she had to have had the same state of mind as Cesar. She had to have been "acting in concert" with him. Cesar's state of mind that night was to beat Nixzmary - that was his state of mind. Nixzaliz tried to stop him twice and tried to help Nixzmary by warming her up in the tub, dressing her in a sweatsuit, wrapping her in blankets and lying her next to a heater to warm up. That's a different state of mind than Cesar. I knew that the odds of ALL the jury members agreeing so quickly that Nixzaliz did NOT have the same state of mind as Cesar were, next to nothing. If they didn't want the read back of acting in concert, then I assumed that they already made up their minds that she WAS acting in concert and they'd convict on a higher count.

After the judge read them back the law for the first four charges (Murder, Manslaughter 1, Manslaughter 2 and Criminally Negligent Homicide) and the jury left, they took Nixzaliz back out of the room. Everytime there's a note from the jury and the judge has to give them something, they bring Nixzaliz out. Afterwards, when the jury leaves, she's taken out of the room.

Court was now in recess again.

People were just in the room talking and waiting for the jury to come back with a verdict. The lead D.A., Ama Dwimoh, was just outside of the courtroom in the foyer area. Immediately after you leave the courtroom and go through the exit door, there's a foyer area (don't know what else to call it) then there's the main doors that lead you out into the hallway. Dwimoh was in the foyer area with a large group of reporters, explaining to them the difference between the homicide counts. She was talking to them out there for a long time.

A Spanish reporter was in the courtroom sleeping.

At 4:15 pm, they brought Nixzaliz back out.

DiMango, who was wearing her leopard jacket, puts back on her judge's robe. The note said that the jury wants only the ELEMENTS of the first four charges read back to them.

If you've read my previous blog called, The Jury Charges ,you'll know what each of the elements are. The "elements" are what the prosecution is required to prove, in order to convict on a certain charge. For ex. murder has it's own definition. In order to convict the person of murder, 4 elements (or things) need to be proven. Each count has it's definition and a certain amount of things (elements) the D.A.'s need to prove to convict the person of the crime.

After DiMango finished reading the jury the elements for the first four counts against Nixzaliz, the jury told her they need to go back to the jury room and write another note to give her.(DiMango didn't want them saying what else they wanted out loud) It's 4:30 pm. They leave and go back to the jury room to write their note to give to the judge.

The jury then came back into the courtroom with their note. This time they wanted the DEFINITIONS of the first 4 charges. (what is Murder? what is manslaughter 1 ? etc)

When the jury was asking for all of these readbacks and definitions, not just today but yesterday as well, people in the room were saying that they've never seen a jury ask for so much to be read back. The people were basically implying that the jury is a bunch of dummies who can't remember anything. More than one person expressed shock that the jury kept asking for all of these read backs.

After DiMango finished reading them the definitions of the charges, she asked them to nod their heads if it was OK. Juror# 4, Stephan Debino, black male school teacher, says, "NO", outloud, meaning he wasn't satisfied with the read back.

The jury again leaves to go back into the jury room to write another note to give to the judge.

When they come back into the courtroom, a female guard hands the clerk the note. It's 4:45pm. The note says that they want to know what the difference is between Murder 2 and Manslaughter 2. DiMango told them that Muder has a greater degree of recklessness and depraved indifference to human life.

After the jury leaves the room, all the attorneys were conferencing at the bench. Then Asst. D.A., Linda Weinman, bursts out laughing hysterically.

The defense lawyers, Sammy Sanchez, Kathleen Mullin and Beverly Van Ness were huddled together talking in the back of the room. They were standing up. Van Ness started laughing.

Again, people in the room were just chatting and doing whatever, waiting for the jury to come back with a verdict. The lead D.A., Ama Dwimoh, comes over to the first row (center section) and starts talking to the 1010 Wins reporter, Juliet Papa, about child abuse cases her office handles. The NY1 reporter, Jeanine Ramirez was in the second row listening.

At 5:30 pm, Nixzaliz was brought back into the room. DiMango brings the jury back in and asks them if they want to stay or go home for the day. She said she'll send them back out and they must bring back a note letting her know what they want to do.

At this point, there are four sargents in the room. If the court thinks the jury is close to a verdict, the number of guards in the room goes up. Especially for a high profile case.

The jury comes back in the room with their note. DiMango said that the note says that they want to go home for the day.

The 1010 Wins reporter was going on about the judge's dress saying, she doesn't feel that it's appropriate and that it's a cocktail party dress. Some of the other reporters were arguing with her that there was nothing wrong with the dress. Ironically, DiMango actually walked over to the first row to chat with some of the reporters and this 1010 Wins woman was also chatting with her when 2 minutes ago, she was talking about her!! The cattiness in that room amongst female reporters was unbelievable!

Awilda Cordero, Nixzmary's grandmothers's spokesperson, came in wearing a black and white herringbone coat and was talking to the Telemundo reporter. He's this older man in his 60's. Don't know his name.

One of the spectators in the room, this black woman named Jamila with blonde hair, who made a dvd depicting candlelight vigils and people gathered at Nixzmary's apartment after she died, was talking to the channel 2 reporter, Pablo Guzman. She was telling him her own story of child abuse. Previously, she had handed out the dvd she made of the candlelight vigil to the El Diario reporter also.

Not to long after the jury was released everyone left court. Out in the halls there were about 9 or 10 television cameras mounted onto tripods.

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Nixzmary Mom Trial, Day 18: The Jury Charges!

2009-03-08T01:58:00.004-05:00

By: Dovesblood

On October 15th. 2008, the jury was charged in the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago. The charge means instructions that the judge gives to them regarding the laws on murder, manslaughter etc.

Nixzmary's grandmother, Maria Gonzalez was in the courtroom. She was wearing a white headband, beige shirt and black pants. Gonzalez's spokesperson, Awilda Cordero was also there. Cordero showed up with a camera man named, Angelo. She's working on a documentary about Nixzmary. At Cesar's trial, she was also there with a camera crew for the documentary. Personally, I'm glad that she's doing a documentary and I don't care what the motives are. At least people years from now will have a tool (this documentary) in which they can learn about Nixzmary. I heard Cordero say, during Nixzaliz's trial, that the documentary is going to the Sundance Film Festival. I forgot what state she said it was in. I'm not sure if it gets released to the public after the film festival. When I first heard about the documentary, I have to admit that I raised an eyebrow but now, I'm in full support of it. The public needs tangible things that will help them to remember Nixzmary years from now. This documentary is one of them. Other things might be: a book, a law named after her (one that pertains to her life or that would've prevented her death, not sentencing laws that have nothing to do with her), her story mentioned in the media every now and then, something like a statue or part of a park named after her. Stuff like that.

The judge, Patricia DiMango was wearing a white dress with a pearl necklace and long earrings. I thought to myself when I saw DiMango in the pearl necklace that the lead D.A., Ama Dwimoh (ja-mo), is not going to appreciate DiMango wearing a pearl necklace because that's sort of Dwimoh's trademark. She always wears a white pearl necklace. Dwimoh came in wearing a black skirt suit. Asst. D.A., Anthea Bruffee, was wearing a midnight blue pant suit. Asst. D.A., Linda Weinman, was wearing a black pant suit. Defense attorney, Sammy Sanchez, was wearing a light gray suit. Defense attorney, Kathleen M. Mullin, was wearing an eggplant purple skirt suit. Defense appellate lawyer, Beverly Van Ness, was wearing a dark pink (fuscia top) and black pants. When Nixzmary's mother, Nixzaliz Santiago, came out, Sanchez patted her on the back. She was wearing a lavender sweather with a purple ring around the collar and sleeves and navy blue jeans. Her hair was tied in a bun with a lavender scrunchie.

Kathleen Mullin walked over to the second row to speak with Pablo Guzman, a reporter for WCBS channel 2 news in New York City.

At 10:35 am. the judge started the charge to the jury. The courtroom doors were not locked (thank goodness). DiMango had already said she wouldn't lock it even though most judges do and she'd instruct the guards to tell people to come in quietly. The guards ended up scotch taping a note at the hallway entrance of the courtroom door, written on white paper with a black magic marker, that said to be quiet, that the jury is being charged.

When DiMango was sitting on the bench, her robe was in her trademark, "off the shoulder" position. The judge likes to wear alot of fashion outfits and evening dresses. Usually, she'll come into the courtroom without her robe so everyone can see her outfit. Then after she puts the robe on, a few minutes later, one side of the robe will be down past her shoulder. (so one bare shoulder is showing) Then, a little while later, the other side of the robe will be down past her other shoulder, so now both bare shoulders are showing. It sort of looks like she's wearing a shoulderless dress, which she is, under the robe. Then, eventually, the robe will come off. Most of the time, she wears her robe in an "off the shoulder" way. Judge Judy, she is not. She's got one up on Judge Judy in that she's a law professor so DiMango knows her stuff in reference to the law.

Nixzaliz is being charged with:

1) Murder 2

2) Manslaughter 1

3) Manslaughter 2

4) Criminally Negligent Homicide

5) Assault 2

6) Assaut 2 (under a different subdivision)

7) Unlawful Imprisonment

8) Endangering the Welfare Of A Child

The charge started at 10:35 am. I'm not going to be using quotes because I didn't catch every single word but for the most part, what you'll be reading were DiMango's actual words. I'll be using a colon, ":" to indicate that she's speaking.

There are 8 charges against Nixzaliz. When DiMango is reading the jury the law, the JURY IS REQUIRED TO MEMORIZE ALL OF THE LAWS THAT DIMANGO IS SAYING. They're not allowed to have any paper in the jury room with them that tells them the definition of Murder 2, Manslaughter 1, Manslaughter 2 etc. Everything that DiMango will tell them, they're required to memorize. This can make the deliberations somewhat problematic because if they don't remember the law, they have to have the judge read it back to them as many times as they want so they can remember. When they're in the jury room, it basically AMOUNTS TO A GUESSING GAME as to what the law is because the majority of them are not going to remember everything the judge said.

DiMango started off telling the jury that if they need to send any notes, the foreperson (juror 1, Enel Etienne) would have to do it. Also the notes would have to be dated with the time.

She told them not to dwell on the autopsy photos to view them calmly and unemotionally without predjudice.

She explained to them about STIPULATIONS. (a stipulation is where both parties, prosecution and defense agree that if a witness were to testify they would have said such and such. This means the witness won't have to come in)

She explained about DIRECT EVIDENCE: evidence of fact based on the person's knowledge or observation of a fact.

: CIRCUMSTANTIAL EVIDENCE: direct evidence of fact which the person may reasonably infer.

(Then DiMango gave an example between direct and circumstantial evidence.) She said: if someone is walking in the rain, that's direct evidence that it's raining. If you saw people with an umbrella in the train, that would be circumstantial evidence that it's raining. Either way may be enough to establish guilt beyond a reasonable doubt.

:CIRCUMSTANTIAL EVIDENCE: what inference of guilt may be drawn from facts? Must be consistant with the proven facts, logical, reasonably drawn from facts.

:PRESUMPTION OF INNOCENCE: People must prove guilt beyond a reasonable doubt. Consider all evidence presented. THE DEFENDENT IS NOT REQUIRED TO PROVE SHE'S NOT GUILTY. People must prove every element of the crime. If the people fail to satisfy, you must find her not guilty.

:REASONABLE DOUBT: doesn't require proof beyond all possible doubt. It's an honest doubt of defendant's guilt for which reasonable doubt exists based on evidence. Proof beyond a reasonable doubt is guided by a full and fair evaluation of the evidence. Must not rest on baseless speculation. Not based on bias, sympathy, or just to bring an end to deliberations. The fact that the defendant did not testify is not a fact.....(?)

:CREDIBILITY OF WITNESSES: You decide whether the witness told the truth or testifies falsely. Quality of the testimony is controlling, not quantity. If you feel the witness was untruthful, you may dismiss their entire testimony or parts you found untruthful. Use personal experiences.

:GUIDELINES FOR EVALUATING CREDIBILITY:

1) did the witness have an oppurtunity to see or hear events?
2) Do they have the ability to recall events accurately?
3) Is their testimony plausible or likely to be true?
4) Is their testimony consistant or inconsistant?
5) The manner in which the witness testified upon truthfulness(?)
6) What extent their background or training effects their testimony?
7) Any bias or hostility in the testimony?
8) Motive to lie?
9) Whether statements are inconsistant with each other.
10) Facts they've omitted where it would have been reasonable to say the fact.
11) Contents of prior inconsistant statements are not proof of what happened.
12) Is what the witness testified to consistant with the testimony of other witnesses in the case?

(At this point, juror 9 , Brenda Bagot, started coughing uncontrollably and DiMango got her some water.)

:EXPERT WITNESSES: Dr. Sampson, Dr. Wetli, Taylor Dickerson. (the 2 Medical Examiners and the dna expert) Whereas scientific, medical or technical knowledge can help the jury understand, witnesses within a specialty field can render an opinion.....(?) quality and believability, facts upon which opinion is based, hypothetical fact or fact......., reason given for opinion, whether opinion.....(?)

:POLICE OFFICERS: Evaluate their testimony the same as you would any other witnesses.

:The law does not prevent the DA or the defense from speaking to witnesses before they testify.

:The law does prohibit witnesses from reading testimony beforehand.

:It's your recollection of the evidence, not the attorneys, that controls deliberatiions here.

:COMMISSION OF A CRIME REQUIRES 2 THINGS: PHYSICAL & MENTAL Physical are physical act that are criminal. Mental is a culpable mental state.

:Omission is: failure to perform an act in which the duty of performance is imposed by law or act of which the person is physically capable of performing. Parents have a duty to provide a child with adequate medical care. Failure can result in criminal charges. Failure of one parent does not excuse the other parent to act.

: HOW TO DETERMINE WHAT A PERSON'S CONSCIOUS OBJECTIVE WAS: Use common sense to see if the person harbored a past (?) state of mind, what did she do or not do?, how did she do it?, what was said during the act and after?, what were the results of actions?, This is how you determine the state of mind.

DiMango then gave them the definition of accessorial liability, which is "acting in concert". EVERY charge against Nixzaliz requires that she be acting in concert, that is, have the same state of mind, with Cesar, in order to find her guilty

:ACCESSORIAL LIABILITY: Where two or more individuals can act jointly to commit a crime. Acting in concert is when one person is criminally liable for the conduct of another. When one person commits a crime, another person is acting with the mental culpability. HE OR SHE ILLICITS, REQUESTS OR COMMANDS A PERSON TO ENGAGE IN CONDUCT.

(this is problematic for the prosecution because the defense is saying that all Nixzaliz said was to go ask Nixzmary about the printer. She never said to go beat her to death and twice that night, in bedroom then bathroom, Nixzaliz told Cesar to stop hitting Nixzmary. The defense is saying his state of mind was to hit Nixzmary and Nixzaliz's state of mind was telling him to stop. That's two separate states of mind so the defense is saying she was not acting in concert)

:The mere presence at the scene of a crime does not make you liable. They goad, solicit, request or command a person to engage in conduct with the state of mind required to commit a crime. In order to find the defendant guilty, you need not be unanimous on acting in concert. (this was strange to me. I always thought all the jurors were required to be unanimous)

Then DiMango moves on to explaining the law on the 8 charges, starting with Murder 2

:MURDER IN THE 2nd DEGREE:
Under circumstances illiciting a depraved indifference to human life, the defendant being 18 years of more, did recklessly engage in conduct which created a grave risk of serious physical injury or death to a person less than 11 years old and thereby causes death.

(DiMango then defined three of the terms used in the Murder 2 charge: serious physical injury, recklessly engages in conduct and depraved indifference)

:SERIOUS PHYSICAL INJURY: (definition) impairment of a person's physical condition which creates a substantial risk of death or causes death, protracted disfigurement, protracted health, protracted loss or impairment of functions of the body's organs.

:RECLESSLY ENGAGES IN CONDUCT: (definition) create a grave and unjustifiable risk that serious physical injury or death will occur and when you're aware of and consciously disregard the risk to such a nature and degree that disregard of the risk is not what a reasonable person would do......To constitute the crime: evidence must show that the defendant acted under circumstances evincing a depraved indifferance to human life.....(?)

:DEPRAVED INDIFFERENCE: refers to a state of mind which creates a grave risk of death, when there's utter disregard for the value of human life. Doesn't care whether harm will result. Wicked, evil, inhuman state of mind manifested by brutal, heinious and dispecable acts. Conduct is wanton and devoid of regard for life of others.

:IN ORDER TO PROVE MURDER 2, THE PEOPLE MUST PROVE 4 ELEMENTS:

:1) That between Nov.1st. 2005 to Jan. 11th. 2006 Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, caused the death of Nixzmary Brown, a person less than 11 years of age.

:2) She did so recklessly engage in conduct which created a grave risk of serious physical injury or death.

:3) Had a depraved indifference to human life.

:4) Defendant was 18 years older or more.

: The people must prove each element.

:

MANSLAUGHTER 1st. degree:

Being 18 years or more, with the intent to cause physical injury to a person less than 11, recklessly engages in conduct which creates a grave risk of serious physical injury causing death.

(then DiMango read back the definition of serious physical injury)

:DEFINITION OF INTENT: when conscious objective or purpose is to cause physical injury to a person less than 11 years of age. When you're aware of and consciously disregard that risk.

:TO CONVICT ON MANSLAUGHTER 1, PEOPLE REQUIRED TO PROVE 4 ELEMENTS:

:1) Between Nov.1st. 2005 to Jan.11th 2006, Nixzaliz Santiago, acting in concert with Cesar Rodriguez, caused the death of a person less than 11 years of age.

:2) Did so recklessly engage in conduct which created a grave risk of serious physical injury.

:3) Acted with intent to cause serious physical injury.

:4) Defendant was 18 years older or more.

:

MANSLAUGHTER 2nd. degree:

Recklessly cause the death of another person.

:Recklessly has it's own special meaning: when you engage in conduct which creates or contributes to a substantial or unjustifiable risk and when disregard of that risk constitutes a gross deviant from the standard of conduct that a reasonable person would apply in the situation.

:TO CONVICT ON MANSLAUGHTER 2, PEOPLE ARE REQUIRED TO PROVE 2 ELEMENTS:

:1) Between Nov 1st. 2005 to Jan. 11th. 2006, Nixzaliz Santiago, while acting in concert with Cesar Rodriguez caused the death of Nixzmary Brown.

:2) That she did so recklessly.

(DiMango now explains the difference between murder and manslaughter): Murder requires a heightened degree of recklessness and murder has an intentional element of depraved indifferance. Manslaughter only carries a substantial risk. Murder carries a grave risk.

:

CRIMINALLY NEGLIGENT HOMICIDE:

When someone with criminal negligence causes the death of another person.

:Criminal Negligence is when: a person engages in conduct which creates or contributes to a substantial risk or unjustifiable risk that another person's death will occur. Failure to perceive the risk that a reasonable person would observe.

:TO CONVICT ON CRIMINALLY NEGLIGENT HOMICIDE, PEOPLE REQUIRED TO PROVE 2 ELEMENTS:

:1) That between Nov.1st. 2005 to Jan. 11th. 2006, Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, caused the death of Nixzmary Brown.

:2) She did so with criminal negligence.

:

ASSAULT 2nd degree:

Intent to cause physical injury. They cause injury to a person by means of a dangerous instrument.

(DiMango then proceeds to define three terms used within the assault charge: physical injury, intent, and dangerous intrument)

:Physical injury: impairment of physical condition which causes substantial pain.

:Intent: conscious objective or purpose.

:Dangerous instrument: any instrument used under circumstances in which it was used or threatened to be used or causes protracted disfigurement, health, or impairment of fuction of a body's organs. Death of physical injury need not occur.

:TO PROVE ASSAULT, PEOPLE ARE REQUIRED TO PROVE 2 ELEMENTS:

:1) Between Nov.1st. 2005 to Jan.11th. 2006 Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, caused physical injury with a dangerous instrument, namely, a bungee cord and white twine.

:2)Did so with intent to cause injury, (cut on the ankle)

(there are 2 assault charges both under different subdivisions. Here's the second assault charge)

ASSAULT 2nd degree:

Person being 18 or more with the intent to cause physical injury to a person less than 11, causes physical injury.

TO PROVE ASSAULT, THE PEOPLE MUST PROVE 3 ELEMENTS:

:1) Between Nov.1st. 2005 to Jan.11th. 2006, Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, recklessly caused serious physical injury to Nixzmary Brown, a person less than 11 years old. Namely: stitched injury to the forehead and black eye.

:2) That they intended to cause physical injury.

:3) Defendant was 18 years or more.

:

UNLAWFUL IMPRISONMENT 1st degree:

When you restrain a person under circumstances which exposes them to serious physical injury.

:TO RESTRAIN: to restrict a person's movement where it's unlawful and it interfere's with their liberty. They're moved without consent and without knowledge(?) the restraint is unlawful. Where your conscious objective or purpose is to restrict a person's movement. Person restraining other.....(?) aware of restraints not authorized by law.....(?) by physical force.

:TO PROVE UNLAWFUL IMPRISONMENT, THE PEOPLE ARE REQUIRED TO PROVE 5 ELEMENTS:

:1) Between Nov.1st. 2005 - Jan.11th. 2006, Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, restrained Nixzmary Brown in such a way that interfered with her liberty.

:2) That they did so without her consent.

:3) did so intentionally

:4) that the restriction of movement was unlawful.

:5) restrained Nixzmary Brown under circumstances which exposed her to a grave risk of serious physical injury.

:

ENDANGERING THE WELFARE OF A CHILD:

Knowingly act in a manner that's likely to be injurous to the physical, mental or moral state of a child less than 17.

:Term: Knowingly act in a manner and be aware that acting in such a manner affects the physical, mental or moral welfare of a child.

:TO PROVE ENDANGERING THE WELFARE OF A CHILD, THE PEOPLE MUST PROVE 3 ELEMENTS:

:1) Between Nov.1st. 2005 to Jan.11th. 2006, Nixzaliz Santiago, while acting in concert with Cesar Rodriguez, acted in a manner that affected physical, mental or moral welfare of a child.

:2) they did so knowingly.

:3) Done to Nixzmary Brown who was less than 17.

Then Judge DiMango contd: You should not surrender your honestly held view because you want the trial to end and you were out voted.

:You may see all the exhibits and have testimony read back to you.

DiMango told them she'd give them a verdict sheet and to check off the boxes (for murder there's a box that says guily, not guilty)

She contd: Homicide counts, pay attention to the instructions below each count before you proceed to the next count.

:The foreperson's opinion or vote is not more important than the other jurors. The foreperson must sign the notes.

At this point, DiMango takes the lawyers out in the hallway behind her bench, for a talk.

DiMango came back and said to the jury what the difference is between motive and intent.

:INTENT: when your conscious intent is to bring about an act.

:MOTIVE: ...(?) not element on why crime is committed......(?)

After the jury left the room, the defense lawyer, Kathleen Mullin, stood up and thanked the judge for her "fair service and graciousness" and repeated that she wants to thank her for that. (obviously a blatant attempt to kiss ass) Then the lead D.A., Ama Dwimoh, not wanting to be out done by Kathleen Mullin, got up and said, "the people join in that application". A reporter in the first row started clapping. Then out of nowhere, THE WHOLE COURTROOM AUDIENCE STARTED CLAPPING FOR THE JUDGE! It was surreal! DiMango was just sitting on the bench, lapping up all of the applause. Probably the highlight of her career.

Personally, I thought all the clapping was a little to much. Most of the people clapping over DiMango's "fairness" were reporters and people who weren't even there for the whole trial! How the hell would they know if she was fair or not? I've been attending Nixzaliz's trial from the very first pretrial hearing to the last one (6 months worth and only missed one hearing) and I attended this murder trial everyday. I'm in a perfect position to know whether or not she was fair. Truth be told, DiMango may be a completely nice human being away from the courtroom but her actions in this trial were'nt exactly fair to both parties. That's the truth.

After the jury left to go deliberate, the people in the room were just sitting around chit chatting and waiting for the jury to come back with a verdict.

One of the spectators in the room, Sabrina, was carrying a poster board with a photo of a mother gorilla mourning it's dead child. The words written on it were, "how come humans aren't like this"? Sabrina was sitting in the 3rd row talking to two other spectators. A little old black lady named, Lena, who goes to all of the high profile trials and another woman named Jamila. She's black, got blonde hair and created a dvd of candlelight vigils outside of Nixzmary's apartment after she died. The women were sitting in the gallery talking to one another.

At one point, Judge DiMango,...well,.... how do I put this?.... she was "working the room", sort of like at a cocktail party. Like I said, everyone was just sitting around talking, waiting for the jury to come back. DiMango approached the first row and started talking to the reporters and the sketch artist, Christine Cornell. Then the judge actually stepped into the spectator gallery and went around talking to all of the spectators, kind of working the room. When she got up to Sabrina who was sitting in the 3rd row, she said, "ladies". Everyone said hi to her. DiMango spotted the gigantic cardboard poster that Sabrina had that was propped up against the bench in front of her. It was folded in three halves so DiMango couldn't see what was on it. DiMango asked her if it had anything to do with the trial and Sabrina said, no. Afterwards, DiMango walked over to the other side of the spectator gallery to the right of the room, to talk to the other people. The sargent in the room was an Irish guy, 50ish, pink complexion with white hair that was slicked back. He was pleasant, unlike the other gung-ho black one before him who was always arguing with reporters and people in the room, trying to make himself feel important. Anyway, the sargent told Sabrina that at lunch time, she would have to leave the poster board downstairs at the desk. DiMango probably tipped him off. I guess she didn't want anything being waived in front of the jury, causing a mistrial. It had to have been her who told him because he saw the poster board previously and never said anything. Her cocktail party skill of "working the room" paid off. She caught something before it happened.

Court was recessed for lunch.

After everyone returned from lunch, people were basically just waiting around for the jury to come back with a verdict.

Judge DiMango conferenced at the defense table with all of the lawyers. They were going through photos at the table.

The judge informed everyone that the jury had sent a note to the court. The note was dated Oct.15th. and the time on it was 12:06 pm. In the note, the jury was requesting to see the police video tape of Nixzaliz at the precinct, the 911 audio tape, and the transcript. The judge said everything was played in the presence of the sargent.

A second note came in from the jury. The time on the note was 2:26 pm. The jury was requesting to see photos of Nixzmary's back, buttocks, legs, Target receipts, Nixzaliz and Cesar's pictures, showing the front of their clothing. Exhibits: 20, 59, 21, 58, 56, 57, 18, 63, and 53. Lead D.A. Ama Dwimoh asked that when the jury said video tape, did they mean the precinct interview? Then she asked: what about the oral and written statements? The defense lawyer, Kathleen Mullin said that the jury probably meant all of the photos and she wanted additional photos of Cesar given to the jury that don't show the front of his clothing. When Mullin said that, Judge DiMango got mad. DiMango said, "you want me to interpret ALL photos to be ALL photos of Nixzmary as well"!!??? Mullin said, "my request was not meant to be flippant". DiMango: you have an exception.

At 4:35 pm, Nixzaliz was brought back into the courtroom because there was a third note from the jury. The jury was requesting the components of the first four charges in writing (Murder 2, Manslaughter 1, Manslaughter 2 and Criminally Negligent Homicide) The jury was brought back in. DiMango reads back the first 2 notes from them and asked them if they were satisfied with the responses to the notes. DiMango told them that they weren't allowed to have the written law in the room with them and she would have to read the law to them. The faces on the jury did not look to pleased when they found out that they wouldn't be getting the law in writing and would have to memorize what she was saying. DiMango read back to them the law for Murder 2, Man 1 and 2 and Criminally Negligent Homicide.

This whole situation is really problematic in that the jury is basically forced into playing a guessing game on what the law is if they can't remember what the Judge's definition of the law is. Not only do they have to memorize the definition of the laws but they also have to memorize all the elements needed to find the defendant guilty of each count. Like I said, it's a guessing game.

After DiMango finished reading them all the definitions, you could see the bewildered, confused and shocked look on their faces when they realized they weren't getting the law in writing. Especially juror 2, Jaleda Yates, she especially looked shocked when she was leaving the jury box.

After the jury left the room, the defense attorney, Sammy Sanchez, sat in the first row, middle bench, and was posing for a picture! The courtroom sketch artist, Christine Cornell, was sitting in the first row and she was sketching Sanchez as he as sitting there looking at her and smiling. It was surreal. And I thought DiMango was vain! He could give her a run for her money, sitting there posing and smiling!

At 5:40 pm the jury was brough back in and the judge told them that she's sending them home for the day. She gave them a number of instructions before they left: She said they're only allowed to deliberate in the jury room. (they can't do so at home) Do not converse with anyone about the case. Don't accept bribes and to come to her immediately if anyone tries to bribe them. To promptly report if anyone is trying to influence their vote. Not to go to the scene of the crime or any of the places involved. Not to read, view or listen to any television, newspaper or radio interviews. Not to research any facts or issues about the law. After that the jury left. Court ended for the day.

Some personal thoughts. If anyone thinks that this jury is not going to go home and research this case, then they are living in La-La Land! If the jury was secluded, then that would be a different matter but these people I'm sure are going to go into the privacy of their own homes, get on their computers and start typing into their search engines. Do you even have to guess what name their going to be typing in? I'll give you a hint: it starts with an "N" and ends with a "Y". These jurors are probably going to go home, pick up a newspaper to see how the sketch artist is drawing them and read any and everything they could possibly find on Nixzmary Brown. Face it. If all of them don't, then at least some of them will. That's reality.

I'm wondering if the defense will bring up, on appeal, that the prosecution charged Nixzaliz with causing the injury to Nixzmary's forehead, mid-way into the trial. When the trial first started, the prosecution wasn't alledging that Nixzaliz is the one who caused that injury.

In reference to the forehead injury, I'm wondering why the defense didn't subpoena Nixzmary's little sister, Selena Brown, to testify that she saw Cesar give Nixzmary that injury. Here's the background. In Dec. 2005 when ACS came to the school to investigate the gash over Nixzmary's right eyebrow, they asked Nixzmary's little sister, Selena, how Nixzmary got the cut over her eye. Selena pointed to a window frame and said, "Cesar did it". Now if the defense knows this, and they do, why didn't they call the little girl to the stand? It means vindicating their client so I'm wondering why that was never done. That seems like a mistake on their part.

Speaking of calling kids to the stand, there were reports that Nixzmary's older brother, Javier Batista, told a City social worker that his mother tried to stop Cesar's attack on Nixzmary. Again, I'm wondering why Javier was not subpoened to testify by the defense. Both him and Selena could've bolstered the defense's case but yet the lawyers choose not to call them. During Nixzaliz's pre-trials, two counts against her were dropped because the prosecution didn't want to force Javier into testifying. His biological father said it would be detrimental for him to testify against his own mother. The D.A., rather than forcing Javier to testify, decided to give in and drop the charges so he wouldn't have to come in. Personally, I think Ama Dwimoh needs to stop playing child psychiatrist, worried about the kids mental health, and be a prosecutor and prosecute the case. Prosecuting sometimes means forcing kids to testify. If we worried about every child's feelings, all the criminals would still be walking the streets!

There's also some potential problems with the Manslaughter 1 charge. The definition of Man. 1 is that the SERIOUS PHYSICAL INJURY MUST HAVE CAUSED THE DEATH. The injury that the prosecution is alledging for this charge is the gash over Nixzmary's eye. The defense's appellate lawyer, Beverly Van Ness, has already said to the judge that the injury over Nixzmary's eye did NOT cause her death. She died from a subdural hematoma (bleeding on the brain, caused by a blow to the head) not from an injury over her eye. The defense is saying that because Nixzmary didn't die from the injury the prosecution is alledging, the gash to the eye, the Manslaughter 1 charge is incorrect. She should have never been legally charged with it in the first place.

In reference to the Man. 1 charge, the prosecution contends that Nixzmary died from, "Child Abuse Syndrome" and that the gash over her eye was A PART of the child abuse syndrome, so the Man. 1 charge is correct.

The defense claims that despite the fact that the Medical Examiner put Child Abuse Syndrome on Nixzmary's death certificate, that she DID NOT die from Child Abuse Syndrome. The defense claims she died from a blow to the head, that absent that blow on Jan.10th., she'd still be alive today. They're claiming that you can only put Child Abuse Syndrome on a death certificate if no clear cause of death can be determined. In Nixzmary's case, there is a clear cause of death- the blow to the head. They contend that while she WAS an abused child, she did not die from Child Abuse Sydrome.

I'm also wondering about the legality of charging more than one crime under the same assault charge. The second assault charge, is citing the "stitched injury to the forehead" AND the "black eyes". The judge previously ruled that the prosecution can't charge assault for a specific time period. That they have to specify which assault incident they're charging. Both the injury to the forehead and the black eyes happened on different days. (Unless the prosecution is claiming that when Nixzaliz punched Nixzmary, that gave her the forehead injury??) If the injuries took place on different days then shouldn't the prosecution have had a separate assault charge for the forehead injury, and a separate assault charge for the black eye? I'm not a lawyer, so I don't know, but that's what comes to mind.

In reference to the Unlawful Imprisonment charge, the 4th element states that the restriction of the movement has to be "unlawful". The problem I see is that the judge never defined for the jury what restriction of movements are LAWFUL and what restrictions of movements are UNLAWFUL. How is the jury suppose to know what restrictions are lawful from unlawful? For ex. is grounding your child unlawful since that's a restiction of movement? It was never explained what constitutes unlawful restriction. For the record, I do think Nixzaliz is guilty of Unlawful Imprisonment but I'm pointing this out to address the legality of how the charge was read.

In reference to the Endangering The Welfare Of A Child charge: the definition is that the defendant ACTED IN A MANNER that interferes with the physical, mental and moral welfare of a child. Now, Nixzaliz is definately guilty of this but legally speaking, the judge never indicated WHAT MANNER Nixzaliz acted in. We can pretty much guess it would be binding her to a chair, starving her etc. but legally, shouldn't the exact MANNER be specified? The defense can turn around and say, since the MANNER was never specified, for all the jury knows it could've been, for ex., preventing her from watching tv., which doesn't constitute endangering. Again, she's definately guilty of this crime but from the way that the charge was read, it's leaving loopholes open for the defense.

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Nixzmary Mom Trial, Day 16: Redacting Paperwork!

2009-02-18T13:59:00.001-05:00

By: Dovesblood

Coming Soon!

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Nixzmary Mom Trial, Day 15: Defense Medical Examiner Testifies!

2009-02-17T15:11:00.004-05:00

(Photo: Dr. Charles Wetli)

By: Dovesblood

On October 7th, 2008, the murder trial of Nixzmary Brown's mother, Nixzaliz Santiago, continued. First I'll say what happened in a nutshell then I'll give the testimony in detail.

HERE'S WHAT HAPPENED IN A NUTSHELL: The defense called to the stand their Medical Examiner, Dr. Charles Wetli. He testified that Nixzmary wasn't lying on the floor dying for 2 days, that she was hit on the head and her death came a few hours later.

Nixzmary died from a subdural hematoma. Here's what that is:

SUBDURAL HEMATOMA: first, there's the skull, then there's a membrane called the dura mater that covers the bottom of the skull. Under the dura mater is the brain. The dura mater has tiny veins that connect it to the brain and the skull. (so the dura is in the middle between the skull and the brain) When a person's head is struck violently the veins connecting the dura mater tear and leak blood. So a subdural, is a pooling of the blood between the skull and the dura. When the blood pools it presses on the brain. That's what happened to Nixzmary.

Here are the scientific reasons he said Nixzmary had only died a few hours after being hit:

1. Blood from the subdural will adhere to the dura. A subdural of two days would have blood entirely adherant to the dura. Nixzmary's blood was not entirely adherant to the dura, which tells us that it's only hours old.

2. Then he said that when a person is bruised, initially red blood cells will remain intact, then after 2-3 days they'll break down. Nixzmary's cells were still intact, meaning the injury was hours old not two days.

3. He also said that when blood comes out of the membrane, the body responds with an accute inflammatory reaction within a few hours.(this can be detected microscopically) Nixzmary had that accute inflammatory reaction, meaning her injury was only hours old.

4. He also noted that Nixzmary's potassium level (7.4) was more consistant with her being dead a few hours rather than days.

5. Wetli said in reference to starvation that people who are starving have a chemical that 's released into their blood called, acetone. He said Nixzmary had no acetone in her blood and that means she wasn't starving.

6. Wetli also said that none of her fat cells were breaking down, trying to nourish her body.

Wetli also said that the cause of death listed on Nixzmary's autopsy report is child abuse syndrome with a subdural hematoma. Wetli said that Nixzmary did die from the subdural but he said that you can only put child abuse syndrome on a death certificate only if there's no one specific thing that caused the death. Wetli said in Nixzmary's case the one specific thing that caused her death was the subdural, that absent the subdural, she would still be alive. So because there is specifically something that caused her death, you can't put child abuse syndrome down. He said she was a victim of child abuse but didn't die from child abuse syndrome, she died from a subdural hematoma.

HERE'S THE TESTIMONY IN DETAIL:

In the morning when everyone arrived in court, Judge Patricia DiMango, was wearing a leopard jacket with a bright red dress underneath. The judge is known for her flashy outfits, evening dresses worn on the bench, and wearing her judge's robe, off the shoulder. The leopard jacket and red dress were definately eyecatching. A woman in back of me was saying she liked DiMango's outfit. Other women in the room sometimes tend to be catty when it comes to DiMango. I've heard them on more than one occassion. DiMango is a law professor so she's not stupid but the outfits tend to make the women in the room stare. Like I said, the women in the room are catty. Judge DiMango still has a cold. She's had that cold since jury selection started.
Defense lawyer, Sammy Sanchez was wearing a beige suit. Defense lawyer, Kathleen M. Mullin, was wearing a brown skirt suit. Lead D.A., Ama Dwimoh (ja-mo) was wearing a gray suit. Asst. D.A., Linda Weinman, was wearing a black mini skirt. Asst. D.A., Anthea Bruffee was wearing a black pants suit. Nixzaliz was wearing a brown jacket, purple shirt, and navy blue jeans with designs on the back pockets. She wore rectangular shaped, black rimmed glasses and her hair was in a bun. The bun was tied with a pink/brown scrunchie.

Before Nixzaliz's case started, Judge DiMango was handling another case regarding post release supervision. Defense counsel, Kathleen Mullin, walked over to the prosecution's table and started going through pictures of Nixzmary. Mullin had a big gigantic tan pocketbook that was on the defense's desk. She had a hard time lifting it from the desk onto a chair in back of the desk because it was so heavy. I could see her struggling, lifting it with both hands underneath the bag.

The defense's first witness was their medical examiner, Dr. Charles Wetli. Wetli was dressed in gray, had on a pink tie and his complexion was also pinkish.

Defense counsel, Kathleen Mullin, did the direct exam.

Wetli testified that he's from New Jersey, 65 years old, married, forensic pathologist, atttended the University of Notre Dame and has a bachelor's in science. He went to St.Louis school of medicine where he received his medical degree. Became a doctor in 1969, spent 3 years in the army. He's worked at Cedars of Lebanon as a pathologist in Florida. In 1980 he became the Chief Medical Examiner for Miami Dade until Feb. 1995. He was also a clinical Assoc. Professor of Pathology and the Chief Medical Examiner and Director of Forensic Sciences for Suffolk County. (Long Island) He supervised 4 M.E.'s and was there for 11 and a half years. Retired in 2006. He received a presidential accomadation for his work in identifying the TWA Flight 800 victims. (that was a plane that went down) Scientifically identified all 230 victims on the plane. Performed over 7500 autopsies and supervised thousands. Currently, he works as a consultant in forensic pathology and takes private cases.

Defense counsel, Mullin pointed out that attorneys representing clients seek his expertise and he gets payed at a court assigned rate. (At Cesar's trial, Wetli was also the defense's M.E. The Asst. D.A., Linda Weinman, got him to admit that for his 2 days of testimony, he would normally recieve $10,000. He said he was charging Cesar's defense team much less) Mullin pointed out that she selected Wetli and the judge authorized his payment and that he's not been retained privately.

Wetli testified that he's written 120 peer reviewed journal articles and 2 books published. He regularly takes courses and he teaches District Attorneys and police, forensic pathology. He's testified over 1000 times, testified in Congress, through the county and in various states: California, Washington, Nevada, Oklahoma, Texas, Michigan, Illinois, Connecticut, Massachusetts, New Jersey, Maryland, North Carolina, South Carolina and Georgia. Testified in municipal and state courts and has never been denied expert status in anatomical, clinical or forensic pathology.

Lead D.A., Ama Dwimoh, spoke from her desk, asking him how many times he's testified in child abuse cases. Wetli: less than 1 %.

Dwimoh: no expertise in neuropathology? (the brain) Wetli: no more than any other forensic pathologist. Wetli then stated that forensic neuropathology (what the D.A.'s medical examiner is an expert in) is not a recognized term by the American Board of Pathology. It's used informally, it's not a formalized specialty. He said Neuropathology is a recognized sub-specialty of pathology. Its the disection of the brain and spinal cord.

He said he's performed over 7500 autopsies, autopsied over 250 children where he's been asked to render cause of death.

Wetli said that the autopsy doctor should be in court as they have a distinct advantage. (this was a dig at the prosecution's M.E., who was not the autopsy doctor)

He said he reviewed Nixzmary's complete medical records. Wetli stated that according to the autopsy records, Nixzmary's cause of death was listed as "child abuse syndrome with blunt impact to head". "Objection"! said all 3 prosecutors AT THE SAME TIME, like they were singing. "One of you will be enough"!, replied the Judge.

Mullin put up the autopsy report on the projector screen. (to the right of the audience is a gigantic white screen that a projector machine projects images onto.

Wetli said that the cause of death is not correct on autopsy report. The later part of death is correct (blunt impact to head) but he said he doesn't agree with the child abuse syndrome part. Wetli said Child abuse syndrome may not have symptoms of malnutrition.

Mullin directed him to the 0-36 month, birth chart and the growth chart for height and weight for ages 2-12 years. Mullin pointed out that ethnic children were not used as the basis for those charts. (white children were)

Wetli testified that if he were looking at Nixzmary's autopsy photos that he'd suspect malnutrition but the photos aren't enough to make a determination. He said he'd first get an accurate weight then go to the medical records to see where she normally fell on the growth chart. If he saw no changes it would indicate no malnutrition or you could assume chronic malnutrition. Mullin got Wetli to confirm that a single point of weight (Nixzmary was 36 pounds) couldn't tell you if the child was malnourished.

Mullin asked Wetli to review the charts from birth to 36 months with respect to the plots on the charts. Wetli notes that Nixzmary's height and weight follow along the 10th percentile (that's low on the chart, not good)

Mullin then proceeds to ask Wetli a series of questions about OTHER WAYS TO DETERMINE IF NIXZMARY IS MALNOURISHED. Wetli said other ways to determine malnutrition are: Looking at the stature of the parents, the other kids, look for areas of baldness in the hair, blood tests for vitamins and fat stores, growth arrest lines on the fingernails.

Wetli said that NIXZMARY'S HAIR HAD NO SIGNS OF BALDNESS and the M.E. who did the autopsy noted that the color was black/brown, wavy and 4-5 inches long.

She also HAD NO GROWTH ARREST LINES ON HER NAILS. Wetli pointed out that if Nixzmary had an episode of malnutrition, it would cause growth arrest lines but she had none.

He said that when people are starving, their fat appears an orange gelatnus color. Wetli noted Nixzmary's FAT APPEARED A NORMAL COLOR.

Wetli said that there's a chemical called "acetone". If acetone is present it indicates malnutriton. It comes from a breakdown of fat. When fat breaks down it produces acetone. Acetone is not the determining factor but it is strongly suggestive of starvation. He noted, NIXZMARY HAD NO ACETONE PRESENT. (this means that her body wasn't breaking down fat, trying to nourish itself)

He said there's no evidence for Nixzmary being malnourished except for her appearance.

Wetli also said that in the autopsy they would look for subcutaneous fat under the skin. It wasn't mentioned in Nixzmary's autopsy report but photos were taken of Nixzmary's fat and he said that THE FAT WAS PRESENT IN ADEQUATE AMOUNTS AND APPEARED NORMAL. Mullin asked, "so she looks skinny, but she's got fat"? Wetli said she could naturally be a skinny kid with a recent episode of malnutrition followed by nourishment. He noted that microscopically, fat cells look like a ring with a small stone. NIXZMARY'S FAT CELLS HAD THAT NORMAL SHAPE. He said that Nixzmary's fat cells were inconsistant with a diagnosis of malnutrition.

Wetli also said that anther sign of malnutrition would be that the heart would have serious atrophy and the heart cells would be watery. He said the M.E. examined Nixzmary's heart and there was NO SERIOUS ATROPHY IN NIXZMARY'S HEART. That means there was no evidence of malnutrition.

Mullin then said that according to the prosecution's theory, that they claim that Nixzmary was unconscious from the evening of Jan. 8th going into Jan. 9th. until she died. She isn't brought to the Medical Examiner until Jan. 11th. Wetli said in response to the theory of Nixzmary lying on the floor for two days that if someone were lying around for two days without eating or drinking they would be dehydrated and would have an elevation of a fluid in the eye called ureanitrogen. If someone is unconscious for 24 hours and they're not taking in fluids, ureanitrogen level in the eye elevates. He said NIXZMARY'S EYE FLUID WAS TESTED AND THE UREANITROGEN LEVEL CAME BACK AT = 21, WHICH IS NORMAL. That means she was not dehydrated and that at sometime in the past 24 hours, she had eaten. He noted BILE IN HER GALLBLADDER WAS MINIMAL- that means there was recent food ingestion. (these tests contradict the theory that she was unconscious for 2 days because they prove that she had only recently eaten)

Nixzmary's CREATNINE LEVEL WAS = 0.4 Creatnine would affect kidney function and her level was normal.

Her SODIUM WAS 144 & CHLORIDE WAS 115.

Defense counsel, Mullin, had previously drawn what a subdural hematoma looks like on a gigatic sketch pad for the jury to see. She had Wetli look at it.

Mullin then requests that a professional drawing of a subdural from a medical book called CIBA which is a collection of medical illustrations, be entered into evidence. Wetli is the one who brought the drawing and book.

The illustration of the subdural had a line on the bottom with a upside down U on top of it. There was an diamond shape in the center of the U. There was red inside of the diamond. On the outside of the diamond shape, on the right, were triangles going down the side of the diamond. Here's what all of this translates to: The outside of the upside down U is the outside of the scalp. The diamond shape with the triangles to the right is the dura mater that was just ripped and the triangles were the rips. The red inside of the diamond is the blood from the subdural.

Wetli said that the VEINS THAT BRIDGE THE DURA TO THE SKULL BREAK AT THE SAME TIME, SO THEY DON'T NEED TO TEST DIFFERENT SECTIONS OF THE BRAIN.

Wetli said that a parent wouldn't be able to see a hematoma or know that it's growing. If one pupil dialates and the child is not arousable, you'd know. (you'd have to know what to look for)

In reference to determining the age of the hematoma, Wetli said if the hematoma is fresh, you'll see the dura mater and red blood cells. If hematoma is older, you'll see inflammation and a form of membrane around the hematoma itself. After 3 months, there's scar tissue.

Wetli said NIXZMARY HAD NO MEMBRANE FORMATION. (meaning her hematoma was not older) There were areas that were adherant and some that were not. (blood adherant to the duramater) He confirmed that Nixzmary's level of adherance is inconsistant with her being hit on the head on Jan. 8th and dying on Jan.10th. Wetli testified that Nixzmary's hematoma was only 8-10 hours old from the time she received the injury.

Wetli also noted that ALL OF NIXZMARY'S RED BLOOD CELLS WERE INTACT. When a person is bruised, initially, red blood cells will remain intact and then start to break down after 2-3 days. All of Nixzmary's cells were intact meaning the bruising was recent.

Wetli also testified that when the red blood cells breakdown the cell membrane starts to leak. This produces an accute inflammatory reaction. Wetli stated that in Nixzmary's case, this is a very fresh hematoma.

Defense counsel, Mullin, pointed out the medical evidence so far suggests Nixzmary had been dead for 8-10 hours rather than on Jan. 8th.

Wetli then talks about bruise colors and determining how old a bruise is.

Mullin said that it's possible to tell from looking at the bruise 3 things: If the bruise is fresh, healed or healing, or somewhere in the middle.

Wetli said a dark blue or purple bruise means that it's fresh. Multiple colors like yellow and green means that's it's in the recent process of healing. If it's healed you won't see anything.

Wetli said that other than the subdural hematoma, there was no other injury that would've caused Nixzmary's death.

He said all of her injuries are consistant with being inflicted between Christmas and Jan. 11th.

Next, they discussed the 4 ways to determine a persons tme of death:

1) Lividity

2) Rigidity

3) body temperature

4) chemical tests

In reference to rigidity (when the body becomes stiff after death) Nixzmary had no muscle mass and you would need muscle mass to become rigid.

Lividity is when after death, because of gravity, all of the blood in the body pools to one location. You can see the blood stain. Wetli said it happens after the heart stops pumping. According to the M.L.I. report (MLI means: medical legal investigator, they are representatives of the medical examiner who go to the scene of the crime) NO LIVIDITY WAS OBSERVED IN NIXZMARY. The E.M.S. report also notes no rigidity or lividity. The Dr. who did the autopsy on Nixzmary, Dr. Guitierez, also noted: lividity minimal and located posterierly. (the blood pooled on her back) Wetli said that LIVIDITY WOULD BE APPARENT IN 3-4 HOURS AND INTENSE IN 12 HOURS. He said: if you have no lividity (Nixzmary didn't) then death occured very shortly before examination. Mullin pointed out that the Kings County M.L.I. report (who work for the state not the defense) is more consistant with Nixzmary dying closer to the exam rather than on Jan. 10th. If she died on Jan.10th, she'd have lividity.

Next they talked about using chemical tests to determine time of death. Mullin noted that a potassium test was performed on Nixzmary. Potassium fluid is taken from the vitrious fluid of the eye.

(these sort of eye tests really bother me. Nixzmary was a baby. They shouldn't have been sticking needles in or cutting up her beautiful eyes. I really feel that autopsies need to be banned. They are performed to frequently. They desecrate bodies on a regular basis and these autopsy doctors are sickos. Who in their right mind would want to cut open dead bodies for a living? These people (Sampson and Wetli) I feel have serial killer tendencies. Serial killers are the only ones who get pleasure from cutting open bodies. Every time I saw Wetli and Sampson, I kept thinking "ghoul"! "Dr. Death") Sampson was like a female Jeffrey Dahmer.

Getting back to the potassium test, Wetli said that the longer you're dead, the higher the potassium number. If you're dead right away, your potassium number would be 3 1/2 - 4. He noted that he's seen potassium levels of 30 and higher and that the Suffolk County Medical Examiner's Office uses potassium testing as a marker for time of death. NIXZMARY'S POTASSIUM LEVEL WAS 7.4 Wetli said that based on that level, she had not been dead for very long. If Nixzmary died on Jan.10th. her potassium level would've been higher.

Next, Wetli discussed the prosecution's medical examiner using body temerature to determine Nixzmary's time of death. Wetli said he would never use body temperature to determine the time of death. "the rate of cooling is so variable that body temperature is useless".

Mullin asked him if he was forced to use body temperature to determine time of death, what would be the most reliable way. Wetli said you would have to take the core temperature of the person's liver and keep taking it every 3 hours. That was not done with Nixzmary, they only took the single temperature.

Nixzmary's body temperature was 82 degrees. The ambient room temperature was 78 degrees. (after death, the body will cool until it reaches the ambient room temperature) Mullin pointed out that Nixzmary's body had not reached the ambient temperature of the room (78) and that's more consistant with her being dead less time.

Wetli said that when the Medical Legal Investigators arrived at 8:30 am. that Nixzmary had only been dead 5-6 hours at most. (Meaning SHE DIED SOMETIME BETWEEN 2:30-3:30 ON THE MORNING OF Jan.11th 2006) He said, SHE RECEIVED THE BLOW TO THE HEAD 8-10 HOURS PRIOR. (meaning she was hit on the head sometime between 6:30 - 7:30 pm)

Mullin said that the prosecution is claiming that Nixzmary was rendered unconscious on Jan. 8th. going into the 9th but the SCIENCE IS MORE CONSISTANT WITH HER BEING DEAD ON JAN.10th until the M.E. sees her. Wetli said her death would be closer to Jan. 11th.

Wetli also pointed out that the Kings County Medical Examiner's office is not credited by the National Association of Medical Examiners.

At this point, the judge called a 5 minute break.

Mullin took off her high heel shoes. Her and Selene, the STEPS lawyer, were talking.

Jeff Schwartz, Cesar's lawyer, shows up at 12:15 pm, during the break.

Judge DiMango came back into the room wearing her leopard jacket with a bright red dress underneath.(showing off her outfit) Afterwards, she started blowing her nose again. The judge has had a cold ever since jury selection started.

Mullin walked over to the D.A.'s table with an autopsy photo depicting Nixzmary's legs.

The jury returned at 12:25 pm.

The lead D.A., Ama Dwimoh, did the cross exam.

Dwimoh pointed out that Dr. Wetli had previously testifed at Cesar's trial for the defense.

In reference to the award Wetli recieved for his work on the TWA flight victims, Dwimoh revealed that he was actually critisized for refusing to accept outside help to perform the autopsies. He only had a staff of 5 medical examiners and refused outside help.

Dwimoh pointed out that Wetli didn't have Nixzmary's complete history regarding weight at the time of autopsy.

She also mentioned that only 1% of the cases he's testified at are child abuse cases.

Wetli agreed that all the injuries noted on Nixzmary were a result of child abuse.
and that the blunt impact to the head was also a component of pattern child abuse.

Dwimoh said that child abuse syndrome (that's what's on Nixzmary's death certificate as the cause of death:" child abuse syndrome including blunt impact to the head") is a constellation of injuries, some old, healing, or healed. Wetli said that he disagrees with the word "syndrome" being on the death certificate. You can only put "child abuse syndrome" on a death certificate if there is no one clear cause of death. In Nixzmary's case there was a clear cause: the blunt impact to the head.

Dwimoh put the death report up on the projector screen.

Dwimoh points out that Wetli said at Cesar's trial that the subdural was inflicted 6-8 hours or possibly 2 days before. She then gets the transcript of his testimony and reads it back to him. He said that was based on looking at the injuries only.

Dwimoh describes the symptoms of subdural: infliction of subdural followed by an accumulation of blood. Brain shifting and brain swelling. Occurs over several hours. There would be nausea, headaches, loss of consciousness and sessation of breathing. Wetli agreed.

Dwimoh said if you recieve prompt medical attention you survive. Subdural is drained from the surface of the brain.

Dwimoh said to Wetli that he's basing his opinion on red blood cells but she said that a few accute inflammatory cells are typically present within a few hours of the subdural. Wetli confirms that Nixzmary did have some inflammatory cells.

There was also some adherance of blood to her dura.

Dwimoh said that when a person scrapes their arm, a scab is not immediately formed. Some parts heal more quickly than other parts. Wetli started explaining how a scab works. He said a scab is a layer of protein. An abrasion (scrape) wipes away the outer layer of skin. Body's blood goes into the area and exudes a protein. He said a scab is nature's bandaid.

Dwimoh asked if bleeding of a subdural is a continuous process, Wetli said, yes.

Dwimoh said that some parts of hematoma you'd see cellular organization and other parts appear more recent. Wetli confirmed that process of healing is not uniform. Dwimoh: If you take a look at a hematoma that's more recent, you'd see intact red blood cells. Wetli said, yes.

Dwimoh talked about the difference between starvation and malnutrition.

Dwimoh got Wetli to confirm that acetone is not present in every case of malnutriton and it is possible that Nixzmary suffered from insuficient caloric intake.

Dwimoh then said that no where in the M.E. report does it say that Nixzmary suffered from dehydration. ( I couldn't understand why Dwimoh brought that up because that doesn't help her case. If Nixzmary wasn't dehydrated, then that means that she recently took in fluids or food and could not possibly have been lying around on the floor for 2 days)

Dwimoh said: you say Nixzmary is not starved or malnourished. She then puts up two crimescene photos of Nixzmary onto the gigantic projector screen. They showed Nixzmary lying on the floor with her shirt off, extremely thin to the point where you could see the bones under her skin.

The court breaks for lunch.

After the lunch break, when every one was coming back into the room, Nixzaliz's original attorney who she fired, Robert Abrams, showed up! I was in shock! I went out to the restroom and when I came back into the room he was there. I didn't see him talking to Nixzaliz's other lawyer, Sammy Sanchez. He was wearing his usual black eye patch and dressed in a gray suit. He left after a few minutes. That must have been uncomfortable for Sanchez, to say the least. This was suppose to be Abrams' case. Instead, his co-counsel, Sammy Sanchez, ended up taking over the case when Abrams got fired!

It's just as well that Abrams got released because Nixzaliz ended up with Kathleen Mullin as her lawyer. Nixzaliz could not have asked for a better lawyer than Kathleen Mullin. For whatever you want to think of Kathleen Mullin for representing someone accused of being involved in a child's death, she's a good lawyer. She's passionate, she knows her stuff and she's not afraid to dish the dirt on someone. She's like a character straight out of Law & Order. If Kathleen Mullin has to cross examine you, BE VERY AFRAID. She will be carrying a bucket of dirt in her left hand. She will take her right hand, put it inside of the bucket, scoop up some dirt, raise her hand into the air and FLING THE DIRT AT YOU while you're sitting on the witness box! Like I said, for whatever you want to think of her for representing what amounts to a baby killer, she is a good lawyer, you can't argue with that. Her personal morals you could maybe argue with but not her lawyering skills.

Nixzmary's grandmother, who's suing the city for 250 million dollars, her spokesperson is Awilda Cordero. During the break, I heard Cordero telling a reporter that she's an investigator for a Law Firm. Her non-profit organization, Emergency Rights, she does on the side.

Lead D.A., Ama Dwimoh, continued the cross examination of Wetli. Dwimoh said to Wetli that he claims that death occured 5-6 hours prior and he's basing that on the observations of the Medical Legal Investigators (MLI). She said the MLI used body temperature to determine time. Wetli said, no, he used potassium testing, observations of MLI and Dr. Guitierez and that Nixzmary had no lividity.

Dwimoh pointed out that Wetli had previously said that he couldn't rely on potassium testing because of the rate potassium changes after a person dies. Wetli said that if you take everything together ( potassium, no lividity, observations of MLI & Guitierez etc.) you can get an idea of the time of death.

Dwimoh said: you said the best way to take body temperature is to take the temperature of the liver at various intervals. She said: where the body is discovered, you'd have to cut it open, and stick a thermometer in and pull it out and keep doing it every 3 hours!? Wetli stared at her.

Dwimoh said that Nixzmary's body temperature was 82 deg., room temp was 78 deg. "you said it was more consistant that she died in less time"? Wetli said, yes. Dwimoh: are you aware she was placed in warm water? Wetli: yes. Dwimoh: were you aware she was dressed in sweatpants and placed near a radiator? Wetli: no. Dwimoh: that would increase body temp? Wetli: No it wouldn't increase body temperature.

Dwimoh asked him if he was familiar with John Koe's writing about potassium testing at time of death. Wetli said no he was familiar with Sturner. Dwimon sends Asst. D.A., Linda Weinman, over to an easle, to the righ (my right) of the witness box, to write out a potassium testing formula. Dwimoh: if you're relying on that formula, Nixzmary's death would be 12 hours prior. Wetli said, "the formula is worthless". Dwimoh: that's why M.E.'s don't rely on potassium testing. Wetli, "as a sole paramater". Wetli, "everyone finds them....(?)" Dwimoh, "I'm not talking about everyone, I'm talking about you"!!!

Dwimoh: minimal bile led you to conclude that she could've eaten a yogurt? (actual substance was Jello pudding) Wetli: yes.

Dwimoh: according to you, it could've been inflicted Jan. 8th? Wetli: yes.

Dwimoh: In majority of cases, person undergoes respiratory depression, then arrest, then cardia failure. This takes several hours. While process is going on, person could be moaning in pain or gasping for air? Wetli said, yes and agreed that if person received medical care it didn't have to be fatal.

Dwimoh puts crimescene photos of Nixzmary on the gigantic projector screen. Nixzmary is lying on a wooden floor and she's so thin, her shoulder bones are jutting out and you could see the bones through her skin. She literally looks like an Aushwitz victim. Dwimoh asked, "would you be alarmed if you saw a patient like that"? Wetli said, "I wouldn't be alarmed, I'd be concerned". Dwimoh was in disbelief. She said again,: you wouldn't be alarmed if you saw a patitent like that??? Wetli again said, "no", that he would be concerned. (I sat there and thought, remind me not to have YOU as my doctor. He lost major points for the defense by saying he would not be alarmed at seeing a patient in Nixzmary's condition. I was thinking, "Dr.death"!)

Dwimoh has Wetli approach the weight chart and asks him to place on the chart where Nixzmary falls at 36 pounds. He marks a spot on the chart (big easle) and Dwimoh points out that he placed the green dot in the wrong place, that Nixzmary weight is off of the chart.

She got Wetli to admit that Nixzmary could have been in a medically compromised state.

She said: It's your opinion that Nixzmary is not suffering from malnutrition based on lab tests, fat cells, no serious atrophy that YOU examined? Wetli: yes. Dwimoh: photo of the crimescene is not evidence of malnutrition? Wetli: it may or may not be. Dwimoh in disbelief over his statements, made a face. The defense counsel, Kathleen Mullin, said outloud,: "objection to the face making." Dwimoh's whole face tightens and her eyes go as wide as flying saucers. She turns to Judge DiMango and hisses, "I CAN'T HELP MY FACE" !!!!!! She stares at DiMango, with this wild, furious look on her face, almost daring DiMango to say something. DiMango doesn't say anything. This was the funniest shit. I had to keep myself from laughing. At Cesar's trial, Ama Dwimoh was famous for making faces and giving people the evil eye, sort of like a voodoo queen.

Dwimoh got Wetli to admit that the most common cause of being underweight in abused children is malnourishment.

Wetli also confirmed that an adult female is just as capable of inflicting injury to cause a subdural.

Dwimoh then quotes Wetli's book that he wrote in regards to what he said about child abuse syndrome. She made reference to his chapter on pediatric deaths. (I can't make out my notes in regard to what she said)

Dwimoh then puts autopsy photos back onto the gigantic projector screen. Photos of Nixzmary's bruised feet, lower back, ankle, bruise behind ear, black eyes, buttocks, lips and legs. Dwimoh said,: the injury to the forehead, if she lived that might've caused permanent injury, scarring? Wetli answered yes. (That made me sad, knowing that had little Nixzmary lived, there was a chance she would have had a permanent scar over her right eyebrow. I started thinking, maybe she could've had plastic surgery when she got older to cover the scar or maybe used a cream. Nixzmary was beautiful, physically. I'm sure she would've been self conscious about the scar. Even though she was dead, I felt bad for her, knowing she would've been in emotional pain from this scar. Cesar is such an animal for doing that to her)

Dwimoh asked him again that if Nixzmary had received prompt medical attention if she'd still be alive. Wetli asked: for the subdural hematoma? Dwimoh, her voice noticiably angered, said with an attitude, "OF COURSE!!! I'M NOT REFERRING TO THESE BRUISES!!!!"

Defense counsel, Kathleen Mullin, did the re-direct.

Mullin pointed out in reference to the prosecution claiming Wetli said at Cesar's trial that it was possible that subdural was 2 days old, that what he actually said was, only if you're just looking at it. Wetli said you would have to look at everything available. Mullin confirmed that it's possible that when you just isolate that one fact (that it looks 2 days old) but when you look at everything, it's unlikely.

Mullin said that the government is saying that Nixzmary's lack of muscle mass is a possible sign of malnutrition. Then Mullin asked: but when you look at the history of her life (Nixzmary was born with a low birth weight and had always had a very low weight) is it possible? Wetli answered, no.

Mullin then faced the jury and said that this was a murder trial for "A MOTHER OF 6 CHILDREN". "Objection", said the D.A. (Dwimoh didn't like Mullin trying to emotionally blackmail the jury by pointing out that Nixzaliz is a mother of 6 children. That could potentially make them feel sorry for her. The ironic part is, the prosecution's whole case is based on emotional blackmail. The bulk of their case are the autopsy photos that they constantly show to the jury to emotionally blackmail them into feeling sorry and voting with the prosecution. The jury is composed of 10 women and 2 men. Mullin pointing out that Nixzaliz is a mother of 6 children, I would think, only infuriates the female jurors. The women are going to hold Nixzlaliz to a higher standard, because she's a mother. Them, hearing she's a mother of 6 children, will only make them mad at her. It's possible Mullin said that because she was playing to the men on the jury. Men don't judge women as harshly as other women do)

Mullin pointed out that the potassium formula on the board that the Asst. D.A. wrote is "junk science". She said that's the consensus of the Medical Examiner community, National Association of Medical Examiners, and the Academy for Forensic Science. Mullin asked: at conferences, did they discuss the formula and is it their consensis that the formula is CRAP? Wetli said, yes.

Mullin asked that if Nixzmary was rendered unconscious on the evening of the 8th. or Jan. 9th, as that is what the prosecution claims, she would be dehydrated and what would you expect to see? Wetli answered, "an elevation of ureanitrogen". (Nixzmary didn't have an elevation. Ureanitrogen is the fluid from the eye)

Mullin questioned Wetli about Dwimoh's assertation that he was critisized for his work on the TWA victims. Wetli said that that was due to political interference and that the family was kept 60 miles away from us. Wetli also said a reason for the critisism was that they wanted his unit (which only consisted of a few board certified pathologists) to accept hospital based pathologists and unknown pathologists, all who were not board certified. Mullin pointed out that at the end, Wetli's office recieved a presidential accomodation.

Lead D.A., Ama Dwimoh, did the re-cross.

Dwimoh said that critisism in the newspapers means that you can't believe everthing you read.

When she asked, Wetli said he never reviewed Nixzaliz's written, oral and video statements. Dwimoh asked if the statements of an adult inside the home where Nixzmary's body was discovered would be of value? Wetli said: we correlate that with autopsy findings that we know. When asked, Wetli said that he did review Cesar's video taped statement.

Dwimoh said that Dr. Menna did the exam on the subdural and said there were places where it was adherant. Wetli responded that he doesn't know whether Dr. Menna is board certified or not.

Dwimoh asked if symptoms exhibited by Nixmary told by the last person with her would be valuable. Wetli said, "no. I'd have to evaluate that in the light of autopsy findings. It's not valuable in and of itself". Dwimoh said, "the statement of Nixzaliz who was present in the home, is not valuable to you? Wetli said, no.

Defense cousel, Kathleen Mullin did the re-direct.

Mullin asked Wetli, if at the last trial when the government played Cesar's confession tape, if it changed any of his conclusions. Wetli said, no.

Wetli's testimony ends and he leaves.

The judge orders the jury out of the room.

There's a bench conference and Nixzmary's autopsy photos were left lying atop the prosecutor's table. The photo showing a close up of her two black eyes was clearly visible from the audience. A female guard goes and gathers up the photos.

DiMango reissued the orders of protection and Nixzaliz signed them.

The jury was brought back in.

The defense said they rested their case. The prosecution said the people of the state of NY rest their case. DiMango told the jury to come back on Tuesday and they left.

DiMango announced that when she's giving the charge to the jury (instructions on the law before they go to deliberate) that she's not locking her door. She said that she knows that alot of judges do but since the room is always busy she's not going to and would tell the officer to tell everyone to be quiet when they're coming in. I was so glad she wasn't locking the door. At Cesar's trial, Judge Hall announced to everyone in the audience that if they felt they couldn't sit for an hour to an hour an a half, to leave the room. She also said that she's not saying people can't leave, just to be quiet. What ended up happening is the asshole sargent in Judge Hall's room, who looked like a Nazi, was standing guard by the door, preventing anyone from leaving or coming in, despite the fact that Hall said people could.

Mullin requested a stipulation regarding Cesar's boss and for Tuesday morning to put it on the record. (the stipulation would be that Cesar's boss would say exactly what date and time he got fired)

Asst. D.A., Anthea Bruffee, made two requests: that the vulnerable child part of deposition be included in the charge: that it has to do with torture of a child and also to be included is the dury owed by a parent to a child. She said that they drafted a charge during Cesar's trial.

Defense counsel, Sanchez wanted DiMango to mention during the charge about the defendant not testifying, acting in concert, correlation of confession, voluntariness of the statement, and circumstantial evidence.

Mullin said that there's no direct evidence of Nixzaliz causing the gash above Nixzmary's eye. (there's not, it was Cesar who did it)

Bruffee said that the defendant's statement is admissible and photographs and medical records.

Judge DiMango said: I'll hear what specific Miranda(?) you want me to give the jury that charge. DiMango was sucking on something. I could hear her sucking all the from the audience.

She also said something about "not marshall evidence". Not sure what that means.

Mullin said in reference to alternate jurors that she would like them held throught the beginning of deliberations.

DiMango said she'd let the attorneys look at the charge before she gives it.

Then DiMango read the indictment for Murder 2. Sub.4. DiMango said that if the jury comes back with Murder 2, they'd stop deliberating. Then she read Manslaughter 1st. degree, Manslaughter 2nd. degree, and Criminally Negligent Homicide.

Asst D.A., Bruffee, said that there was no evidence that the defendant was merely negligent. DiMango: I'll look at it. Mullin said, "Nixzaliz repeatedly said she was NOT in the bathroom and didn't see the severity of the beating." She was not in the bathroom. Asst.da. Linda Weinman points out that on Nixzaliz's police video statement, she was asked, "did you think you were going to lose her"? and Nixzaliz responded, yes. (she said, "yes, but I had faith")

DiMango said: reckless endangerment goes in. Assault to cause physical injury- bungee cord and rope. Assault: banging the childs head against the floor (Nixzmary fell to the floor, her head was not banged) Unlawful imprisonment in the 4th degree: restrained under circumstances which exposed Nixzmary to a risk of serious physical injury. Possession of a weapon in the 4th degree- the floor. (prosecution wants to charge Nixzaliz with using the floor as a deadly weapon because after Nixzmary had just done something, Nixzaliz got mad at her, punched her in the eye and Nixzmary fell to the floor. Afterwards, Nixzaliz immediately apologized to Nixzmary. This was the only incident that Nixzaliz admits to hitting her daughter) Endangering the welfare of a child.

DiMango said she would tell the jury not to dwell on the photos and to view them objectievely. She recessed for tomorrow at 12 pm. Only her and the lawyers, not the jury. Purpose would be to redact paper work, like the autopsy report, medical records etc. Redact is when you black out, so the jury can't read, any info that doesn't pertain to Nixzmary, or any private info like Social Security numbers etc. Court ended for the day.

Some personal thoughts:

The scientific as well as logical evidence all point to Nixzmary only being dead a few hours and not lying around on the floor for 2 days.

1) If Nixzmary was hit on the head on Jan. 8th. then where'd she get the Jello pudding from? The pudding wasn't even purchased until Jan. 9th so she could not have been hit on Jan. 8th.

2) The Target video shows Cesar wearing white pants on Jan.9th. When he was arrested, he was wearing bloody jeans. (Nixzmary's blood) Why would Cesar hit Nixzmary on the head on Jan.8th then put the same bloody jeans back on on Jan.10th when he was arrested? The only logical conclusion is that she was hit on Jan.10th, the same day he was arrested wearing the jeans with her blood on them.

3) Her ureanitrogen level was normal, meaning she was not dehydrated and had recently eaten in the past 24 hours

4) Her subdural hematoma was only partially adherant, meaning it was recent.

5) All her red blood cells were still intact - meaning bruising was recent and not 2 days old. She hadn't even been dead long enough for her red blood cells to start breaking down.

6) Her cells had that accute inflammatory reaction, meaning it was recent.

7) potassium level was low, meaning death was recent.

8) Minimal bile in her gall bladder, meaning she had recently eaten.

There's a list of other things as well. To me, it really doesn't matter WHEN the blow happened, whether it was 2 days prior or a few hours prior (and the evidence supports a few hours), EITHER WAY, NIXZMARY NEVER SHOULD HAVE BEEN VICIOUSLY ABUSED AND MURDERED AND SHE SHOULD'VE BEEN PROTECTED. WHAT MATTERS IS NOT WHEN SHE DIED BUT HOW SHE LIVED.

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Nixzmary Mom Trial, Day 14: A.C.S. Workers Testify!

2009-02-15T17:18:00.004-05:00

(Photo: ACS Worker, Vanessa Rhoden)

By: Dovesblood

On October 6th.,2008, the trial of Nixzmary Brown's mother, Nixzaliz Santiago, continued. First, I'll say what happened in a nutshell then I'll describe the testimony in detail.

HERE'S WHAT HAPPENED IN A NUTSHELL: A.C.S. (administration for children's services) caseworkers, Vanessa Rhoden, Joyceline St.Hill and supervisor, Orlene Cummings testified. Rhoden and Cummings said that after Nixzmary appeared at school with a cut over her eye in December of 2005, that ACS was called to the school, interviewed the kids and checked them for bruises. They saw none. They took them to the hospital for exams, and spoke to both Cesar and Nixzaliz at their home. They concluded the children were in no immediate danger and left them in the home.

Joyceline St.Hill, the case worker assigned to Nixzmary, testified about all of her attempts (half assed) to enter the home.

The prosecution pointed out in reference to them saying they saw no bruises and attempting to enter the home, that all of the workers assigned to Nixzmary's case were either suspended or fired for doing such an incompetant job.

HERE'S THE TESTIMONY IN DETAIL: When the day started and everyone came in, Judge Patricia DiMango was wearing a black jacket and white shirt with a belt. Lead D.A., Ama Dwimoh (ja-mo), was wearing a royal blue skirt suit with a pink and white scarf around her neck. Asst. D.A., Linda Weinman, was wearing a navy blue pants suit. Asst. D.A., Anthea Bruffee, was wearing a red skirt suit. Defense lawyer, Sammy Sanchez, was wearing a black suit and defense lawyer, Kathleen M. Mullin, was wearing a navy blue pants suit. The defense's appellate lawyer, Beverly Van Ness was present. (I forgot to note what she was wearing, sorry)

There was a bench conference with all the lawyers, including Van Ness. Afterwards, defense lawyer, Kathleen Mullin, noted on the record that the ACS workers testifying today are accompanied by their lawyers and that they're suing for their jobs back from ACS. (why? so more kids can die? What freaking nerve these lowlifes have. Apparently it's not enough that Nixzmary died, these pigs want to keep working so they can rake in the money at the expense of children!!!!!! I hope no judge out there is idiotic enough to reinstate them. The press should be covering those hearings or at least write a two sentence article about when the hearings are so maybe the public can protest)

Judge DiMango, in addition to being a Judge is also a law professor. Twice a week, her students from a nearby college come sit in the classroom to observe. Today a group of about 16 black students came in and the judge, with the lawyer's permission, explained to them that this was a murder case. They sat to the left in the courtroom and during the day, were kind of rowdy, laughing and carrying on. Suffice it to say, it made me mad. DiMango's regular students don't carry on that way but this bunch wouldn't shut up.

Jurors 2 and 3, as usual, were laughing and making faces. (these two have absolutely zero respect for the dead).

The first witness was ACS caseworker, Vanessa Rhoden. She wore a short sleeve brown shirt, brown pants and a yellow shawl. She had a long ponytail in dreadlocks and wore glasses.

Defense lawyer, Sammy Sanchez, did the direct exam.

Vanessa Rhoden testified that she still works for ACS as a child welfare specialist who goes out into the field to investigate allegations of child abuse that come in from the state. She has a B.A. in psychology and went through an ACS 6 month training protocol on how to do investigations and what to look for.

She said that an I.R.T. stands for instant response team. Rhoden said that on Dec.1st. 2005, a case came in alledeging abuse and domestic violence. There was a prior case from the year before. Her supervisor, Andrew Bartley, who's referred to as a sup.2, gave her the case. Nixzmary's regular caseworker, Joyceline St. Hill was in court that day and Rhoden was just filling in for her.

When Sanchez asked when the last time he (Sanchez) spoke to her was, Rhoden replied: on Friday at her attorney, Gary Maitland's office. Andrew Bartley was also there. Kathleen Mullin was present along with Jean, Gary's assistant.

Rhoden said that she previously testified at Cesar's trial and prior to testifying there, she met with the government beforehand for 1 hour. Asked to point out which of the prosecutors she met with, she said she remembers "the young lady over there". (referencing lead D.A., Ama Dwimoh)

Rhoden said that on Dec. 1st. as a part of an Instant Response Team (IRT), she and a supervisor named Orlene Cummings went to Nixzmary's school by van. She went to the principal's office and asked for the kids to be brought down. They came down all at the same time.

Rhoden testified that when she saw Nixzmary, she had a 3 inch gash that had been stitched up and a healing black eye that was purple in color. She said Nixzmary was "clean, well dressed, appropritately dressed for the time of year, her hair was done, and she appeared to be well taken care of." She said she "scanned" Nixzmary, looking at her hands and neck. Rhoden introduced herself to Nixmary, told her why she was there, and took her into a back room to interview her. There was school staff in the room. She complimented Nixzmary on how she looked and asked her what happened to her eye. She said Nixzmary was "open, active, cooperative and polite". Nixzmary gave an explanation and Rhoden was satisfied with it. Rhoden took Nixzmary back to the principal's office where her supevisor, Orlene Cummings was with the other kids.

Rhoden then spoke to Nixzmary's older brother, Javier. She took Javier into the same room she interviewed Nixzmary and told him he looked nice. She said his hair was neat, his clothes and sneakers were clean. She said he was happy, active and polite with no bruises. She introduced herself to him and asked him if he knew the difference between a truth and a lie. He said, yes. After the interview, she took him back to the principal's office.

She interviewed Nixzmary's little sister, Selena, next. She said Selena was shy and didn't talk much. She was clean appropriately dressed and her hair was done. Her hair was worn down. She took Selena back to principal's office.

Rhoden then said she called the C.A.C. = Child Advocacy Center, where she spoke with them.

She also reported back to her supervisor, Andrew Bartley then she called the home. Cesar came down to the school. She sat with the children while they drew pictures.

Two detectives from the CAC came. While supervisor Orlene Cummings talked with the detectives, Rhoden stayed at the table with the kids.

Rhoden said, "based on my interview at that time, I saw no immediate risk".

Afterwards they gathered the children and took them home in the van. Inside of the van were herself, Cummings, Selena, Javier, Edward, Cesar and the 18 month old baby that he brought with him to the school. She said it was a 15 minute drive to get to the house.

When they got there, the mother was sitting in the living room holding a young baby. Rhoden said that the kids ran to the mother and showed her the pictures that they drew, they played with the baby, then afterwards they went to their room.

She said the baby was clean, well dressed and not crying.

She said: the house was clean, in order, no dishes in the sink, nothing on the stove, there were a few toys on the living room floor.

Rhoden introduced herself to the mother, read the allegations and asked Cesar if he would leave the room for a minute. He went to a bedroom. Nixzaliz, sitting in the chair holding the young baby, appeared tired but cooperative and friendly.

Sanchez wanted Rhoden to walk over to the gigantic map of the apartment on an easle to the right of the witness box, and identify all of the rooms. She said she'd rather recall from her mind. (I don't think she understood the map)

Rhoden then said she inspected the apartment. She said the kitchen was right in front of her, then living room.

She said the bathroom was clean but th edge of the sink was broken.

10 feet from the bathroom was another room. She asked the mother who slept there and she said it was the 2 boy's room.

Rhoden then described the storage room she went into. (this was really Nixzmary's room) She said there were mattresses leaning up against the dresser, three or four large garbage bags, toys scattered on the floor, the radiator was cold and there were bars on the window. When Sanchez questioned her, she said she noticed no rope, chair, bungee cord or duct tape. Rhoden inferred it was a storage room that the boys weren't sleeping in.

Across from that room was room where all children slept.

Rhoden also mentioned that she never spoke to Edward (Nixzmary's younger brother) because he had a speech impediment. She noted that he was neat, clean and appropriately dressed for the weather.

When she went to the children's room there were 2 single beds, clothes had been folded on each bed and she inferred that laundry was just done. There were toys on the floor. She said she was concerned that a part of the ceiling was coming down and she talked to Nixzaliz about that.

Then she went to the kitchen and asked Nixzaliz to open up the fridge and it was full of food.

Then they went to the living room.

When Sanchez asked Rhoden about the fetus in the jar conversation she had with Nixzaliz, lead D.A., Ama Dwimoh objects. Judge DiMango has all of the lawyers go to her office with the court reporter.

Rhoden was still in the room while the Judge and lawyers were conferencing in her office.

It's 11:20 am. and Selene, the STEPS lawyer comes into the room and sits on the defense's side of the room, to the right. (during pretrials, the D.A. had subpoened psychological records from a domestic violence organization that Nixzaliz attended called STEPS. STEPS sent a lawyer, Selene, don't know her last name, to fight the subpoena. They lost and the D.A. was awarded the records)

When they all come back, Rhoden continues her testimony. She said Nixzaliz said that she recently had a miscarriage and she became teary eyed. She said she was keeping the miscarried fetus in a jar and asked Rhoden if she wanted to see it. Rhoden said, no. Rhoden said that she left a case note for the regular, social worker, Joyceline St.Hill, that the mother needs mental health and grief counseling and to follow up.
Rhoden then testified that she didn't think Nixzaliz was crazy. She was cooperative and not violent.

When Sanchez asked questions that he already asked, DiMango calls a bench conference.

DiMango said to Sanchez that the question she sustained the objection to earlier, she'll now allow him to ask.

Rhoden then testified that Nixzaliz said that once she saw the baby's eyes, she couldn't let it go. Rhoden told her it wasn't healthy for her to keep it in the jar. Nixzaliz became sad and her eyes were watery. At 11:30 am, the direct exam ends.

Lead D.A., Ama Dwimoh, did the cross exam.

Under cross exam Rhoden testified that, When she called the home, she spoke to Cesar and asked him to come down to the school.

When she was at the home, she spoke to Nixzaliz in English and had no communication problem.

She said that based on her interview, she concluded that there was no domestic violence in the home.

Dwimoh pointed out that at the school, Rhoden never looked underneath the children's clothes.

Rhoden testified that when she was at the home, she had her winter coat on when she entered the storage room (Nixzmary's room, unbeknownst to her) and it was "really, really cold". She said she could tell the heater wasn't working.

Dwimoh said "you knew the school indentified Nixzmary as a target child".

Then Dwimoh pointed out that it's not unusual for women who have miscarriages to be sad.

Rhoden said she had no issues with Nixzaliz's mental state, didn't see any cats at the home and that Nixzaliz was interviewed at the home while Cesar was in another room.

Dwimoh pointed out that before Rhoden even went to the home, she made a decision that the children were not at any immediate risk. Dwimoh, "while the investigation was ongoing, you already made up your mind!!!" Rhoden answered, yes.

Dwimoh pointed out that the investigation she went out on, remained open until the day Nixzmary's body was found! Rhoden answered, yes.

Dwimoh said that supervisors, Bartley, Cummings and St. Hill also had involvement and that everyone who had handled the investigation of Nixzmary's case was either suspended without pay or fired. Rhoden confirmed it, yes.

Defense lawyer, Sammy Sanchez, did the re-direct.

Sanchez: what was Cesar's demeanor at the school? Rhoden: he was cooperative until he went into the back room.

Sanchez: any allegations of domestic violence? Rhoden: it wasn't allegations, it was past history.

Sanchez: why was the radiator not working? Judge DiMango intercedes and says, "how would she know, she's not a mechanic!"

Rhoden testified that Cesar said that Nixzaliz was sick so she couldn't come to the phone but when Rhoden went to the house, Nixzaliz was not sick.

Lead D.A., Ama Dwimoh, did the re-cross.

Dwimoh asked Rhoden if the domestic violence was an allegation not a finding. Rhoden said, yes.

After that, Rhoden's testimony ends and she walks off the stand with her water cup. (they give all the witnesses water to drink) When I saw her walking off with the water cup, I thought to myself: what? you can't afford your own water! The bitch took the cup with her!

The second witness called was ACS supervisor, Orlene Cummings. I didn't hear whether or not she still works for ACS She's black, skinny, extremely dark skinned, hair was in a pony tail and she talked with a Caucasian accent. She wore a gray suit with a white shirt.

Defense lawyer, Sammy Sanchez did the direct exam.

Rhoden said that she never before spoke to Sanchez.

Orlene Cummings testified that on Dec.1st. 2005 she assisted caseworker, Vanessa Rhoden, in an IRT. (instant response team)

She said she went to the school, saw the three kids, looked at Nixzmary's brother, Javier's arms, face and visible parts of his body.

Cummings said that Nixzmary lifted up her shirt, sleeves and pant legs and that she saw no marks.

She said Cesar was cooperative.

Lead D.A., Ama Dwimoh, did the cross exam.

Cummings said on cross exam that the inspection of Nixzmary was in the principal's office.

Dwimoh asked if she was suspended or fired with everyone else who was involved in Nixzmary's case (for being incompetant) Cummings snidely remarked, "that's the allegations". I couldn't believe this roach on the stand was calling ACS's incompetance, "ALLEGATIONS"!!! A child is dead because of their incompetance and her dumb ass can't even admit it!!! Of course not because the cunt wants to keep working for ACS so she could keep raking in the money and never mind if children die!!!

Here's what Orlene Cummings didn't say on the stand. What didn't come out in her testimony is that in Dec of 2005, Nixzmary was absent from school for almost a month. Rather than get a warrant to enter the house, on Dec. 30th. 2005, supevisor (or stupid-visor) Andrew Bartley, decided to WAIT ANOTHER WEEK TO SEE IF SHE SHOWED UP!!!!!!! Rather than get a warrant, this Einstein wanted to wait another week! Well you know what? In that couple of days, Nixzmary was murdered!!!!!!

What do you think Orlene Cummings' reaction to Nixzmary being missing from school for almost a month was???? I'll tell you what it was, she was even less concerned than Bartley!!! Orlene Cummings told Nixzmary's caseworker,(the pig) Joyceline St. Hill that if Nixzmary showed up to school--TO SEND A NOTE HOME WITH HER TO HER PARENTS!!!! A note!!!!! A fucking note!!!!!!!! I'd like to take that note and shove it up her stinking ass!!!!!!

As far as I'm concerned, NIXZMARY'S BLOOD IS ON BARTLEY'S, CUMMINGS AND ST. HILL'S HANDS! (especially Bartley) They are also responsible for her death and THESE 3 NEED TO BE HELD ACCOUNTABLE!!!!!! They contributed to her death and they're out there right now, as free as a bird while Nixzmary is in a hole in the ground decomposing. What's wrong with that picture???? These three need to be held accountable!!!!!!!

They're actually suing for their jobs back!! They're not even fit to be cleaning shit from toilets and they want to work with children!!!!???

Continuing on with the hearing, the defense's third witness was Nixzmary's ACS caseworker, Joyceline St. Hill. How ironic that this bitch has got the last name of St. Hill? "SAINT"????? This pig was anything but a saint!!!! St. Hill (and I use that term lightly) was a light skinned black woman. She was chunky, and had a bit of a beard under her chin. I could see the stubble when she walked past me. She was wearing a bubble coat ( she should've floated away straight to hell) and a low cut blue shirt. I don't know who this bitch is trying to pick up, wearing a low cut shirt. She needs to realize NOBODY WANTS A BABY KILLER!!!!!!!! Before I get into her testimony, let me tell you what didn't come out on the stand during her testimony.

On Jan. 10th. 2006, Joyceline St.Hill was ordered to make an after hours visit to Nixzmary's apartment. This lazy pig decides she's going to put it off until the next day. When she got to the apartment the following morning, she walked into a crime scene! She was greeted by police cars and was told that Nixzmary was murdered the day before- the very day she was suppose to go visit!!!!!!

NIXZMARY'S BLOOD IS ON JOYCELINE ST.HILLS HANDS AND NOW THIS BITCH HAS THE NERVE TO BE SUING FOR HER JOB BACK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! If this pig gets her job back, that will be an insult to Nixzmary's memory. No judge better not be stupid enough to reinstate this slob!!

Continuing with her (I really should be saying "IT" but, so I don't confuse you, I'll refer to "IT" as "her") testimony. The defense attorney, Sammy Sanchez, did the direct exam.

St.Hill testified that she's no longer employed by ACS, and that the last time she spoke to Sanchez was on Friday, after 7 o'clock. She said that in Dec. 2005 she was employed by ACS a little over 5 years.

She said that on Dec. 8th was her first attempt to contact the family. She made a home visit, no one answered the door so she called from a payphone outside. She spoke to Cesar on the phone and he came down. Sanchez asked her what they talked about. D.A. Dwimoh objected. The judge called a bench conference. St.Hill said that she told Cesar that she wanted to introduce herself to the family, that they had met her co-workers. She said she didn't want to address the allegations on the street. Cesar said the family wasn't home, that he was on his way out, and to call the following day.

St. Hill said that on Dec. 9th between 3 - 6:30pm she called the home 4 times to set up an appointment and got no answer.

She said the next attempt was made through the supervisor.

On Dec. 21st, the phone was out of order when she attempted to call.

On Dec. 22nd, she got a recording on the phone.

On Dec. 23rd, she made another visit to the home and left a note saying that she needed to see the children.

Asst. D.A., Linda Weinman, did the cross examination.

Weinman said: when you got there on January 11th, Nixzmary was already dead.

Then Weinman said that Margaritta Cotto, the social worker at Nixzmary's school contacted her (St.Hill) on the 5th and the 8th. Weinman said, "Cotto kept contacting you because she was concerned about Nixzmary". St.Hill said, "I only had one contact with Cotto." Weinman responded, "she left you numerous messages on your voice mail!!" St. Hill said, "no".

Then Linda Weinman pointed out that St. Hill got fired.

I couldn't believe this pig, St.Hill was actually lying about how many times Nixzmary's school social worker contacted her. This didn't come out in the testimony but this social worker, Margarita Cotto, actually went out of her way to help Nixzmary. She even went down to Nixzmary's home and when Cesar came to the door and refused to let Cotto inside the home, COTTO TRIED TO PUSH HER WAY PAST CESAR! Suffice it to say, she never got in but the school really did do all they could and then some. It was those good for nothings at ACS that didn't care.

Defense attorney, Sammy Sanchez did the re-direct.

St.Hill said that the kids didn't return to school on Dec. 21st. and that Cotto made a complaint with the central registry.

After that, the testimony ended and the pig, Joyceline St. Hill, walked right past me on her way out of the courtroom. It was 12pm.

After the jury left, Judge DiMango took care of some other issues in regards to the case. The defense's appellate lawyer, Beverly Van Ness, had made some motions to have numerous charges dismissed and complained that the prosecution is not being clear as to which assault incidents they were charging Nixzaliz with.

Asst. D.A. Anthea Bruffee, said that the prosecution is limiting the assault counts to two specific incidents:

1)Count 5: the assault with the bungee cord or rope that caused the cut on Nixzmary's ankle

2)Count 6: this assault count was that she "recklessly caused physical injury" by throwing Nixzmary hard to the floor.

Bruffee noted that Nixzaliz caused the black eye to Nixzmary.

She also mentioned that the case that the defense's appellate lawyer cited, that the court of appeals granted a leave to hear that case.

Defense lawyer, Kathleen Mullin, stated that Nixzmary didn't get the cut on her forehead from being pushed. Mullin stated that what's in the medical records in relation to Nixzmary's cut is that Nixzmary was playing in the room, fell and hit her head on a piece of wood.

Bruffee noted that on 11-29-05 the medical records differed from what the defendant said occured on 12-1-05.

Bruffee also said that they're charging Nixzaliz for the cut over Nixzmary's eye.

This is big, because the prosecution knows that Cesar is the one responsible for that cut over Nixzmary's eye but yet they're trying to tack it on Nixzaliz! It surprised me when they did that because it means they're really want her so bad that they're tacking on Cesar's crimes as hers.

In regards to Mullin pointing out the medical records say Nixzmary hit her head on a piece of wood, here's the real story: When ACS came to Nixzmary's school on Dec.1st. to investigate since Nixzmary showed up with the gash over her right eyebrow, they interviewed all of the kids and took them to the hospital. When Nixzmary's little sister Selena was asked how Nixzmary got the cut over her eye, Selena pointed to a wooden window frame and said, "Cesar did it". The ACS workers didn't know what she meant so they asked her again. Selena again, pointed to the window frame and repeated, "Cesar did it". So it was Cesar who caused that cut to Nixzmary's head, it was not an accident. The prosecution knows this. Nixzmary's older brother, Javier, repeated Cesar's lies by telling ACS about Nixzmary falling on a piece of wood. Her little sister, Selena identified the true culprit.

DiMango said in reference to the order of the counts (count 1, count 2 etc) that they have to be relabeled to fit the charges.

Defense attorney, Kathleen Mullin, then said in response to the prosecution's new allegation that Nixzaliz caused the cut on Nixzmary's head, "the people never opened their theory that Nixzaliz was responsible for the eye injury"!!! Mullin said: Nixzaliz was present in the emergency room and spoke to the Dr. about the wound.
Asst.da, Linda Weinman, said that Nixzaliz was under general anesthesia undergoing a Dal(?)

The defense again made a motion to dismiss every count as duplicitus in reference to the assault and possession of a deadly weapon counts. DiMango said: the essential elements were established here. Motion to dismiss denied.

Assault 2nd. degree 120.05 sub.2 intent to cause physical injury: the bungee cord and the rope. The second assault count the defense remedied. DiMango said she wasn't dismissing any of the assault counts.

Defense appellate lawyer, Beverly Van Ness again stated that the cut over the eye doesn't constitute serious physical injury. Asst. D.A., Bruffee, stated that the definition is disfigurement and the cut could've left a scar, that'd protracted disfigurement. Dr. Wetli, the defense's Medical Exzmainer did state that had Nixzmary lived, there was a chance she would've been left with a scar over her right eyebrow from the cut. That's permanent protracted disfigurement. After that, the oral arguments end.

SOME PERSONAL THOUGHTS: The lawyer that's fighting to get the ACS workers who contributed to Nixzmary Brown's murder back their jobs is attorney, Gary Maitland, from the lawfirm Kreisberg & Maitland LLP in Manhattan. Apparently, this scum bucket lawyer makes a living trying to get incompetant ACS workers back their jobs so they can continue to be incompetant and more kids can die in the process!

Maitland also represented the ACS worker, Adriano Navalo, who was in charge of Elisa Izquierdo's case. Navalo ended up getting fired. (nice work, Gary)

(Photo: Elisa Izquierdo)

For those of you not familiar with Elisa's story, here it is: Elisa Izquierdo was a beautiful 6 year old girl who was murdered by her mother in 1995. Elisa was born with her mother's cocaine in her veins. Custody was immediately given to her father, Gustavo Izquierdo. Izquierdo worked as an employee in a homeless shelter. Gustavo loved Elisa and took good care of her. He took parenting classes and every morning before school, he'd get up and put her beautiful hair into pigtails and braids and buns. The two went on outings to the circus, the movies the park. He had tons of pictures of Elisa in his wallet. He enrolled her in a pre-school that the Prince of Greece was associated with. An aide to the Prince had established a connection with the school. Elisa was learning to dance and impressed Prince Michael so much, that he offered to pay for her entire private school education, all the way up to college.

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

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

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

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

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

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

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

The caseworker, Adriano Navalo, who handled Elisa's case was fired. His supervisor, Thomas Gorse, was allowed to retire, WITH A FULL PENSION! Apparently, there wasn't enough evidence against Gorse so this pig is out there somewhere living off of Elisa Izquierdo's blood money. I'm sure Gary Maitland is very proud of himself for getting Thomas Gorse off the hook. These are the sort of people that ACS attorneys like Gary Maitland want to keep in buisness. So more tragedies like this can happen.

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

Awilda Lopez is up for parole next year in 2010! Personally, I'd like to see this bitch rot in jail for the rest of her life! No parole board better not be stupid enough to let her go!

Personally, I'd like to see Carlos Lopez prosecuted in Brooklyn for his crime against Elisa there. He CONFESSED in a police statement taken Nov. 22nd. 1995, while he was in jail, that on a family trip to Coney Island in Brooklyn, that he threw Elisa into the ocean three times to rid her of demons. He confessed this to Det. James Turnbull. Carlos Lopez was never charged with Elisa's murder because he was in jail on a parole violation when Awilda killed Elisa. Carlos, who would also abuse Elisa, was present in the home when Awilda was inflicting all of the torture on Elisa and did nothing. Carlos was only charged with assaulting Elisa on Halloween (he bashed her head into a concrete wall) and was sentenced to 3 years in prison. That's it! I don't care if it happened 14 years ago. Unless there's some sort of statute of limitations on child abuse, Lopez shoud be prosecuted. You know why? Because ELISA IZQUIERDO MATTERS!!! Prosecuting him would send a message that you can't just come into Brooklyn on vacation, commit a crime on a child, leave, and think you're going to get away with it. That no matter how many years pass, you'll eventually pay for it.

I'm thinking about contacting the Brooklyn D.A.'s office about prosecuting Lopez but I'm afraid I won't be taken seriously because of the amount of time that's passed.

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

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