GUILTY NY - Nixzmary Brown, 7, beaten to death in Brooklyn, 11 Jan 2006

[sherri79]

http://www.nydailynews.com/ny_local...da_confident_nixzmary_will_get_her_justi.html
The defense the Nixzmary Brown trial rested its case Tuesday and the fate of monster stepdad Cesar Rodriguez could be in the jury's hands by Wednesday.
Both sides expressed confidence, but defense lawyer Jeffrey Schwartz lost some of his earlier swagger while prosecutor Ama Dwimoh smiled broadly.
"I'm confident at the end of the day, Nixzmary Brown will get her justice, Dwimoh said outside Brooklyn Supreme Court.

 

[joe jones]

thanks for posting the link,

closings will favour the state as they can keep showing the photos,

at long last there may finally be some justice for this beautiful child for whom death was a release from a life that was lived in terror and pain,

 

[sherri79]

http://abclocal.go.com/wabc/story?section=news/local&id=6017334
NEW YORK (WABC) -- Prosecutors portray him as brutal and shameless, saying he tortured his 7-year-old stepdaughter to death and then tried to shift the blame to the child's mother and even the tiny victim.
A defense lawyer casts Cesar Rodriguez as an overwhelmed family man who punished the unruly girl with beatings, but the attorney says her "demented" mother was the killer.
Jury deliberations are underway in Rodriguez' murder trial. The former security guard has pleaded not guilty to killing Nixzmary Brown with a blow to the head on Jan. 11, 2006, after catching the starving child stealing yogurt.
A prosecutor and a defense lawyer underscored their versions of the girl's violent death in closing arguments Wednesday.

Assistant District Attorney Ama Dwimoh displayed a gruesome crime scene photo of Nixzmary's battered corpse - skeletal, topless and splayed on a wooden floor - as she alternately scolded and mocked Rodriguez.
"He's nothing short of a murderer," she told jurors, her voice rising. "Cesar Rodriguez is a murderer!"
Moments later, Dwimoh positioned herself in front of the defense table and glared at Rodriguez.
"Now he's having you believe, 'It ain't me, it's my wife.' Hmm!" she told the jury of 10 women and two men.
Finally, gazing up at the photo, she argued: "There is nothing that 7-year-old Nixzmary Brown could ever do to deserve that."

 

[nanandjim]

I hope that these two are beat to death in prison. I hope that they are tortured first and then they die a slow, agonizing death, pleading for help.

 

[sherri79]

http://cityroom.blogs.nytimes.com/2...ritten-statements-by-nixzmarys-stepfather/?hp
As the jurors deliberate in the murder trial of Cesar Rodriguez, who is accused of killing his 7-year-old stepdaughter, Nixzmary Brown, they will have no shortage of visual aids to help them in their decision-making.
There are dozens of exhibits in the case, and one of the most fascinating among them consists not of images but only of words: Mr. Rodriguez’s two handwritten statements, made while he sat in a windowless interrogation room at the 79th Precinct station house near his home in Bedford-Stuyvesant, Brooklyn.

Other exhibits include gruesome photos of a girl’s painfully thin body covered with cuts and bruises and ligature marks and black eyes; a videotape of Mr. Rodriguez’s unsettlingly matter-of-fact statement at the police station house; and a shopping cart full of physical artifacts ranging from the cat-litter box in which Nixzmary defecated when she was locked in her room to the duct-tape and bungee cords that bound her to a chair to her pink Tinkerbell backpack.
The handwritten statements [pdf], however, were among the first items the jury asked to see after they began their deliberations on Thursday.
Mr. Rodriguez’s first statement, an 1,198-word attempt to tell something close to the whole story, was written on the afternoon of Jan. 11, 2006, starting about nine hours after Nixzmary was declared dead at 4:30 a.m. by medics summoned to her family’s apartment.
Mr. Rodriguez wrote out the second, 545-word statement, a narrative of the events of Nixzmary’s final night, a little later, after the police confronted him with statements made by his wife, Nixzaliz Santiago.
The statements, the work of a 27-year-old, out-of-work security guard with a high school education, are filled with spelling and grammatical errors and missing words, and reflect the conflicting intentions of a man who appears compelled to simultaneously confess, deny, justify, apologize and plead for help. They veer from the eloquently expressive to the barely comprehensible and include chilling sentences like “My wife and I are very deeply sorry that our daughter Nixzmary would and couldn’t achieve our standards.”
Below are the statements, transcribed verbatim and without editing, in their entirety:

 

[Brefie]

I hope that these two are beat to death in prison. I hope that they are tortured first and then they die a slow, agonizing death, pleading for help.

This gets my vote!

Note to 'mom' - your 7 yr old DOES NOT CHOOSE have oral sex with your lover.

Burn these b!tches. :furious: :furious:

 

[NanaMcZoo]

Oh. My. God.
That poor sweet baby.

 

[sherri79]

http://www.nytimes.com/2008/03/14/nyregion/14nixzmary.html?_r=1&oref=slogin
About two hours after deliberations began, the jury sent a note to L. Priscilla Hall, the presiding justice in the case.
The judge ruled that the jury could see the written, oral and videotaped statements made by Mr. Rodriguez, the written and oral statements made by Ms. Santiago, Nixzmary’s pediatric records, the medical examiner’s report and photographs of Nixzmary’s body. The jury also requested, and received, permission to view receipts from a shopping trip to Target that prosecutors claim show that Nixzmary was left at home alone — at a point when the girl may have already been dying from the head injury she sustained.
The judge ruled that the jury could not view the report from emergency medical technicians who responded to the 911 call or the diary of a witness — believed to be a fellow inmate of Ms. Santiago’s — who testified in the trial, because neither item had been admitted into evidence.
The jury also requested the testimony of the medical examiner, Barbara A. Sampson, to address questions, the note said, about whether Nixzmary would have died if she had received prompt medical attention and about the brain injury that caused her death.

 

[nanandjim]

...Note to 'mom' - your 7 yr old DOES NOT CHOOSE have oral sex with your lover...

Can you believe this? It makes me absolutely sick. Why did this innocent child have to be subjected to this kind of life? Children's lives are supposed to be happy and carefree. Sad, sad, sad.

 

[tempusfugit]

http://cityroom.blogs.nytimes.com/2...ritten-statements-by-nixzmarys-stepfather/?hp
As the jurors deliberate in the murder trial of Cesar Rodriguez, who is accused of killing his 7-year-old stepdaughter, Nixzmary Brown, they will have no shortage of visual aids to help them in their decision-making.
There are dozens of exhibits in the case, and one of the most fascinating among them consists not of images but only of words: Mr. Rodriguez’s two handwritten statements, made while he sat in a windowless interrogation room at the 79th Precinct station house near his home in Bedford-Stuyvesant, Brooklyn.

Other exhibits include gruesome photos of a girl’s painfully thin body covered with cuts and bruises and ligature marks and black eyes; a videotape of Mr. Rodriguez’s unsettlingly matter-of-fact statement at the police station house; and a shopping cart full of physical artifacts ranging from the cat-litter box in which Nixzmary defecated when she was locked in her room to the duct-tape and bungee cords that bound her to a chair to her pink Tinkerbell backpack.
The handwritten statements [pdf], however, were among the first items the jury asked to see after they began their deliberations on Thursday.
Mr. Rodriguez’s first statement, an 1,198-word attempt to tell something close to the whole story, was written on the afternoon of Jan. 11, 2006, starting about nine hours after Nixzmary was declared dead at 4:30 a.m. by medics summoned to her family’s apartment.
Mr. Rodriguez wrote out the second, 545-word statement, a narrative of the events of Nixzmary’s final night, a little later, after the police confronted him with statements made by his wife, Nixzaliz Santiago.
The statements, the work of a 27-year-old, out-of-work security guard with a high school education, are filled with spelling and grammatical errors and missing words, and reflect the conflicting intentions of a man who appears compelled to simultaneously confess, deny, justify, apologize and plead for help. They veer from the eloquently expressive to the barely comprehensible and include chilling sentences like “My wife and I are very deeply sorry that our daughter Nixzmary would and couldn’t achieve our standards.”
Below are the statements, transcribed verbatim and without editing, in their entirety:

sherri thank you for your post, my computer is acting like a , and won't let me open the links! I want to throw it across the room. I would love to read the handwritten statements. I have been following this case for awhile, holding my breath that Nixzmary will finally get justice.

 

[concernedperson]

Cruel, cruel, cruel. He is blaming a 7 year old for his anger problems. She is dead at his hand. It literally makes me sick.

 

[sherri79]

sherri thank you for your post, my computer is acting like a , and won't let me open the links! I want to throw it across the room. I would love to read the handwritten statements. I have been following this case for awhile, holding my breath that Nixzmary will finally get justice.

on it.

[First statement, Jan. 11, 2006]
[Page 1]
My name is Cesar Rodriguez. I was taken into custody because I blindly disciplined my step-daughter Nixzmary Brown. With no intention of causing her death I carelessly corrected my step daughters actions. I took upon myself to defend the safety of my other five beautiful children. I feared for my safety as well for the safety of my wife and children. I assume all responsibility of parenting my children with and iron hand. I also assume all responsibility with stating that I spanked and restrined my step-daughter with descipline and enforcing judgement and taken awareness of her unsafety actions on her brothers and sisters. Nixzmary became unstable to control and was subject to restraining her over nights. Nixzmary is a beautiful girl and very smart, she also able to desire myself and her mother by her responding that she would never again in her life do nothing japerdize her life and putting the life of her family members in danger. I love nixzmary and only wanted the best but her actions led me to spank and restringed her from doing harm to herself and others. My wife and I are very deeply sorry that our daughter nixzmary would and couldn’t achive our standards. We feel very sorry that has passed away. Our intentions were for the best and I am sorry if I used bad judgement. I asked for the help of those that have the power to change the worst for the best. Please help me mange my life and my childrens life. My kids need me like I need them. I miss my children and my wife. I spanked nixzmary beacused she would steal, lie, desive, hurt, and put the welfare of my 6 month old in danger while sleeping and unconssiness burned and try to kill my 6 month old son gabriel. I punished her and spoke to her about her actions. She would slap my 1 year old son and lie she never went near him (Cesar Augustin). She to my knowledge was doing good in school. She would for some unknown reason hate and jealously and envy would hurt my step-children and she would cause injury to her brothers and sisters by
[Page 2]
punching and stabbing and using solid objects to cause harm to her brothers and sisters. She also in different occasions stolen money and destroy the babys power milk he received from WIC. She would destroy food and property in the household. She would damage a presents and gifts toys and books, clothes and assault her brothers and sisters with knifes and solid woods items. She would constantly curse her mother and finger with the middle finger saying “”. She would destroy the most precious items and appliances around the household. She would steal from the store and her brothers money. My wife and I discussed her attitude and doings of her actions. We concluded that she would be rather off being with her grandmother and keeping her safe from doing any more harm. We spoke and spoke about getting help but there were never any actions taken from me or her mother. Things escalated to her drowning in the bath tub and having me spent the rest of my life in prinson without seeing my children. I love my children all my kids need me and her mother. The Center of attraction was nixzmary always demanding and hurting her brothers and sisters. She also became a danger to herself by hurting herself and blaming me for her actions. I lost my job because I tried to care and nourished my family when they most needed me. I blame my job and uncalled judgement for dismissing me of my duties when my family most needed me. My wife suffered from a mis-carriage and has blamed my step daughter for the stress she put her through. The stress and disorder that one child of the age of seven can can cause without knowledge of her doings. I sat and spoke and explain why things work the way they do and I spent hours teaching her good manner but she was just a bad child I couldn’t correct with spanking or force or restrineding. I worked all my life without blaming my ups and downs to no one. I began my life at the age of 6 when I came to the USA for A better life and as a teenager I have been always a
[Page 3]
face life with a strong charater and label myself as one of the good-guys that want the best for this life and the one to come. I have always kept my head high when things got difficult and try not to judge others because their lifes are very different from my point of view. I have never wish or desired to take someones life. I have always be honest and straight forward about my opions and feelings. I have always gave to those that mostly needed my help and consider those that help to make a better place a friend. I have always spoken to young able body boys and girls to make a change and not for their familys but for themselves. I met my wife with 4 children and took them under my wing because I desicided that to play and angel roll in their lives. When I met my wife she was the strongest and lovely women in the planet because after her suffering form previous marriages and all the abuse she took in order for children to have the best, she struggled maybe more then I did I just thought I might be the one key to those children for a better life but life in some strange way took a wrong turn in our lives. We fought through snow and cold and happy and sad days and kids sometimes not having what they really deserve. I am sorry my life is a mess. All the troubles with my daughter nixzmary started when she began eating and destroying the babys only milk. She became more and more violated towards her brothers and sister. She began disobeying and carrying on with her selfish attitude. I was very but very angry and disappointed into what she had become. The day started correcting her was when I notice she was becoming a little devil and couldn’t be control with nothing. I tried grabbing the belt and spanking her with my hand I tryed taking her toys and previliages and until I had to restrinde her her with tape and tieing her hands from doing harm to herself and her brothers. My wife found her laying in the bath tub facing down on side. My wife called me and I rushed to cover her wounds and give CPR.
[Page 4]
My wife called the neighbor and the neighbor called the neighbor and the neighbor called the 911 to report a child dying. I have been very cooperative with the detectives and have told them my life and all my doings to the best of my knowledge. I was offered help to deal with the stress and all my anger and the weight I carry. I need help please help me.
[signed] Cesar Rodriguez
[Second statement]
On tuesday evening we left to do some shopping. We took our kids and went shopping my son Javier wanter some toys tha the had been asking and my wife instead for us to take some fresh air to cool off. We left to target store and bought toys for my self and my children. I also bought yogurt because my son Augustin likes yogurt and he saw it in the refrigerator so I took 4 dollors about wrought of yogurt and when we arrived him I offered my son Javier to take some yogurt and to share with his sister selena and brother edward each one taking one and when my wife looks in Refrigerator she asked me if I had taken some yogurt and I said no we wanted to make sure everyone had one and I confronted my children if they had eaten more than one yogurt and I who took more yogurt because I had bought especially for my son we didn’t have much to eat and my son is only a baby we could only point out milk and eggs, yogurt, sandwich and other favorite foods he likes to eat. I saw that there was more missing and I counted and my son edward said nixzmary took one. I asked her about it and I told her am going to grab the belt if you don’t ell me she said no I did take it. I hidden it I then said for get it eat you are always getting me mad. I then went to get my printer which I had to make a copy of a document and found my printer not working. I yelled at the kids with anger asking why they had to break my stuff and if I had ever broken their toys.
[Page 5]
I again confronted nixzmary because my wife said why don’t you ask nixzmary and I said why she knows better not to touch my stuff she promised. My wife said ask her so I did and she said yes I try damageding your printer. I then screamed and said why you doing to me I have always cared for you when you needed something. I asked why she was giving me a hard time with anger I pound her on her back and after I had placed her in the shower with cold water. I laid her in the room almost naked and I told my wife to leave her alone and my wife said to stop hitting her and she became concern with her breathing and I she leave her she fooling us again with not much concern I went on my business and fixed the printer which I had thought it was damaged for good. I manage to take it apart and got it to print. My then kept checking on her occasionally and kept asking why she was breathing like that she took Nixzmary and clothes her and gave her some heat. She last check on nixzmary and one of my sons said she to making noise she then rushed to me and concern rushed back to nixzmary I then did CPR and told my wife to called 911. she got some help and I kept doing CPR.

 

[tempusfugit]

Sherri, thank you.

 

[joe jones]

http://edition.cnn.com/2008/CRIME/03/18/child.starved.ap/index.html

an unbelievable verdict,

 

[Brefie]

WTF???

From the link:

Schwartz contended that Rodriguez was a hard-working security guard and overwhelmed parent who was "guilty of child abuse." But he said the case was plagued by sloppy police work and a rush to judgment, and told jurors, "You have not seen evidence in this courtroom that has proven murder or manslaughter charges."

The only reason he is in the courtroom is because the little angel is DEAD!!!!!
How much more evidence can there be????

Also:
The stepfather admitted he had abused her but denied killing her, saying on tape, "Sometimes she'd get me real angry, and I used to just throw her on the floor. ... She was always lying to me about everything."

I wonder why a 36lb, seven year old girl often beaten and barely fed wouldn't be well behaved...lack of fuel (food) or lack of sleep??

These SOB's MURDERED that child and at least one has escaped a murder conviction.

I truly hope they are killed in prison, and if it's quick, it's still more than they deserve. I am LIVID at the conviction and the defense lawyer.

 

[csds703]

http://edition.cnn.com/2008/CRIME/03/18/child.starved.ap/index.html

an unbelievable verdict,

How very sad that she couldn't get the justice she deserved.

 

[tempusfugit]

I am furious & truly sick to my stomach. I just don't understand...

 

[givree]

I am astonished that they convicted on manslaughter not murder,

I hope the judge gives him the maximum sentence he can, and I wonder if the prosecutor can do what was done in the Grant case and ask the judge to go outside the maximum sentence in the guidelines and give him a harsher penalty,

 

[Lisahas2cats]

Children are completely, 100 percent disposable in this country as far as the courts are concerned, as long it's a "parent" doing the disposal.

 

[philamena]

:behindbar :furious: Wtf is right!@!@!@
This should have been charged and convicted of first degree murder! Were the jurors idiots???
From the above article:

Prosecutors, who alleged the girl was the victim of years of abuse and neglect comparable to torture, had sought to convict Rodriguez of murder.
First-degree manslaughter carries a maximum penalty of 25 years in prison :silenced: ; Rodriguez, 29, could have spent the rest of his life in prison if he'd been convicted of murder.
Rodriguez also was convicted

Rest in peace Nixzmary, you will suffer no more.