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LiveLaughLuv
01-16-2008, 10:26 AM
By TOM HAYS – 2 hours ago

NEW YORK (AP) — There had been warning signs for years before 7-year-old Nixzmary Brown died from a vicious blow to the head.

School employees had reported that she had been absent for weeks the previous year. Neighbors noticed unexplained injuries and noted the child appeared underfed and small for her age. Child welfare workers had been alerted twice but said they found no conclusive evidence of abuse.

Two years after the girl's death shocked the city, hastened child welfare reforms and made her name synonymous with child abuse, opening statements were expected to begin Wednesday in her stepfather's murder trial.

Nixzmary's personal hell was likely to be exposed at trial through symbols of her horrific demise: the rope used to tether her to a chair, the cat-litter box she used as a toilet, the bathtub used to dunk her under cold water.

Authorities say evidence against her stepfather, Cesar Rodriguez, includes crime-scene photos inside the family's three-bedroom apartment and a videotape of the defendant casting blame on the malnourished victim, who weighed 45 pounds at the time of her death.

"Sometimes she used to get me real angry and I used to just throw her," Rodriguez said during a post-arrest interview made public during a family court hearing.

Prosecutor Ama Dwimoh has called it a case of torture. Nixzmary "was beaten repeatedly," Dwimoh said. "She was bound like an animal."

Rodriguez's defense attorney, Jeffrey Schwartz, has sought to blame Nixzmary's mother, who faces a separate trial, for fostering an environment of abuse, and an overburdened bureaucracy — the city Administration for Children's Services — for doing too little to stop it. During jury selection, the lawyer has signaled he also plans to explore the dilemma of how best to discipline children.

"Would you agree with me that when it comes to parenting there is no absolute?" he asked prospective jurors. "Cesar Rodriguez is not being charged with being a bad parent. He's being charged with murder. Can you all agree to keep that distinction?"

The case, coupled with a series of high-profile deaths of children known to child welfare workers, sparked a public outcry for reform. City officials and lawmakers responded by bolstering the corps of caseworkers and drafting legislation to give life in prison without parole to parents who cause the death of a child under 14 through abuse.
http://ap.google.com/article/ALeqM5iZVFBo_7mojtSZCmZnFd7aERSYAgD8U700OO0

LiveLaughLuv
01-16-2008, 10:28 AM
Nixzmary Brown trial begins Wednesday
BY SCOTT SHIFREL
DAILY NEWS STAFF WRITER

Wednesday, January 16th 2008, 4:00 AM

The trial of the stepfather accused of killing little Nixzmary Brown that starts Wednesday will be more than just another gruesome murder trial focusing on yet another tragic death.

Cesar Rodriguez's defense - that he was just disciplining an unruly 7-year-old when he beat her and tied her up two years ago - drives child advocates crazy.

"This case is not about child-rearing at all," said Jennifer March-Joly, executive director of the Citizens Committee for Children. "It's about the persistent abuse and torture of a young child."
Prosecutors say Nixzmary was starved, beaten and finally dunked under cold water when she took a yogurt from the refrigerator on Jan. 11, 2006. Rodriguez, 29, said he was only teaching the girl a lesson.

His statements, tied to forensic evidence such as Nixzmary's DNA on his belt and under his fingernails, will present a formidable case in Brooklyn Supreme Court Justice Priscilla Hall's courtroom.

The challenge for the defense, as lawyer Jeffrey Schwartz repeatedly told prospective jurors, will be to remove the label of "monster" placed on Rodriguez by an outraged public.

To do so, he'll blame Nixzmary's mother, Nixzaliz Santiago, who is also awaiting trial. And he will say that Rodriguez was trying to discipline the girl the only way he knew how.

"Can you judge Mr. Rodriguez based on all the circumstances?" he asked a panel yesterday before the last three alternates were picked. "Would you agree that every family is not the Brady family?"

Most nodded, but it is the sort of argument that riles child welfare officials and many parents.

"There are lines that just cannot be crossed," said child advocate Gail Nayowith. "There are things that are done to a child that just cannot be taken back."

That's a statement often echoed by prosecutor Ama Dwimoh during a week of jury questioning and a sentiment voiced by several potential jurors.

"It's a sort of moral relativism I just can't stomach," said one last week after being dismissed because he was a child abuse victim.

sshifrel@nydailynews.com
http://www.nydailynews.com/news/ny_crime/2008/01/16/2008-01-16_nixzmary_brown_trial_begins_wednesday.html

Roamer
01-16-2008, 11:06 AM
Both so called parents were monsters, IMO.

:1222423: For the little angel who suffered so much.

LiveLaughLuv
01-16-2008, 11:33 AM
Both so called parents were monsters, IMO.

:1222423: For the little angel who suffered so much.

I agree Roamer. How in the world doesn't her mother protect her. Even if she too were abused, she should have ran for the hills to get away from that sick SOB.

Now he's trying to turn the tables and say it was her mother who killed her. I would have to say they both did, especially since mommy didn't get her help and left her there to die on that filthy disgusting mattress. after the step father hit her head into the faucet. She died in excruciating pain!

They both should get the death penalty. Due to this case, a new law took effect. If in the commision of this abuse/torture a child dies it is LWOP, I would like to see them die for what they did to this precious child. I cried so hard when seeing her photos for the first time. :1187603408.CR.MotheYou can see in one of them the black eyes and swollen nose. We are supposed to love and cherish our children, not let a step father beat her to death and the mother going along with it. Unforgivable!

JUSTICE FOR NIXMARY BROWN :1222423:

Roamer
01-16-2008, 12:16 PM
ITA with your above post. Any mother that allows her child to be abused by anyone is just as guilty as they are.

If LWOP is the only option, I hope they all get stuck in general population.

LiveLaughLuv
01-17-2008, 09:44 AM
Testimony To Continue In Nixzmary Brown Murder Trial

January 17, 2008

Jurors hear more testimony in the second day of the trial of Cesar Rodriguez, accused of murdering his seven-year-old step-daughter Nixzmary Brown.

In opening statements yesterday, prosecutors said Cesar Rodriguez forced the girl to live in a virtual prison and that she died as the result of systematic torture and abuse.

Rodriguez's lawyer did not deny that his client hit his step-daughter. He also admits to dunking her head in cold water, but the defense insists Rodriguez was merely a strict disciplinarian trying to control an aggressive girl who was a danger to her siblings.

The defense says Nixzmary's mother, Nixzaliz Santiago is the one responsible for the girl's death. Santiago faces a separate trial on second degree murder charges.

"We told them the evidence would support that it was the mother, that there were medical records to support that it was the mother, and that's exactly what you're going to see if you stick around, keep an open mind and watch the trial," said Rodriguez’s attorney Jeffrey Schwartz.

“I find that an interesting theory because they both have been charged with murder. And there is an ‘acting in concert’ theory. And what that means is they both assisted and aided one another. They both acted together, and they have the responsibility to that little girl, Nixzmary Brown,” said Brooklyn Assistant District Attorney Ama Dwimoh.

Nixzmary Brown died two years ago this month from a blow to the head. Prosecutors believe Rodriguez killed the child after becoming enraged when she took yogurt without asking for it.

Rodriguez faces up to life in prison if convicted.
http://www.ny1.com/ny1/content/index.jsp?stid=1&aid=77586

She was hungry! She only weighed 35 pounds, she was emanciated. They starved that poor child!

The worst job in the world is a defense attorney. How can they sleep at night knowing both of these SOBs are guilty and want to shift blame to one another. They are both responsible.

They should have just pled guilty and hand them over to the state. When they get to their new housing, hopefully some vigilante justice will take place, once the other inmates hear of what they did, they will get the same.


JUSTICE FOR NIXZMARY BROWN :1222423:

Roamer
01-17-2008, 10:00 AM
I'm afraid I'd starve before I could defend some of these POS, especially if it involved a child.

Typical defense move when they know their client is guilty. Blame the victim.
a 35 pound starving little girl was a danger to her siblings. Right. :mad: