Nixzmary Trial Adjourned Again

Nixzmary Murder Trial Adjourned Again

January 24, 2008

Testimony was scheduled to resume this afternoon in the murder trial of Cesar Rodriguez, the step-father of Nixzmary Brown, who was found beaten to death in January 2006, but it has been adjourned for the second time this week.

The judge postponed yesterday's session due to procedural filings with the court, and the same reason was cited again today. A lawyer for Rodriguez declined to give specifics. Prosecutors were expected to present more evidence against Rodriguez today.

He is charged with killing his seven-year-old step-daughter. Prosecutors say she suffered long-term abuse at the hands of Rodriguez and her mother, Nixzaliz Santiago. The defense has tried to shift the blame to Santiago, who faces a separate murder trial.

Original Article-

NY1: Brooklyn

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Another View

Second time Nixzmary jurors sent home

BY SCOTT SHIFREL and TRACY CONNOR

DAILY NEWS STAFF WRITERS

Friday, January 25th 2008, 4:00 AM

Puzzled jurors in the Nixzmary Brown trial were sent home for the second day in a row Thursday as the prosecution and the defense met again behind closed doors about secret evidence.

Both sides refused to talk about the potential bombshell developments that were discussed in Brooklyn Supreme Court Justice Priscilla Hall's chambers.

"We have a very strict gag order," said lawyer Jeffrey Schwartz, who is defending Nixzmary's stepdad, Cesar Rodriguez, against charges he murdered the 7-year-old.

Media outlets including the Daily News filed papers Thursday seeking to lift the gag order.

Jurors had been summoned to court to hear testimony beginning at 2 p.m., and a detective and a Target store employee were waiting to take the stand.

They were slated to testify about surveillance video from a Target that showed Rodriguez and some of his kids buying a yogurt-like product.

Prosecutors contend the treat played a central role in the Jan. 11, 2006, murder because Rodriguez allegedly flew into a rage after Nixzmary took a yogurt container from the fridge without permission.

After 90 minutes of meetings yesterday, the judge told the witnesses and the jurors they could go home for the day. A half-day of court scheduled for today was also scrapped.

That means the next time jurors hear testimony will be Monday - creating a highly unusual week-long break in the trial.

sshifrel@nydailynews.com

Original Article with comments-

Second time Nixzmary jurors sent home