Monday, September 29, 2008

Nixmary Brown

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I've been a little distracted lately ..

But here are the articles on Nixmary Brown from this week..

For those of you that don't know..

Nixmary Brown was beaten to death while "child protective services" was involved with the family and said there was no abuse in her home.

Friday Sept 19, 2008

Nixzmary Brown's mom weeps in court at photos of abuse

Brooklyn jurors have remained stoic while viewing gruesome evidence at the child abuse trial of Nixzmary Brown's mother.

But Nixzaliz Santiago -- who has pleaded not guilty to second-degree murder, manslaughter and reckless endangerment -- wept as the evidence was presented.

On Friday, the state Supreme Court jurors saw pictures of the 7-year-old girl's emaciated and bruised body. Prosecutors also showed them a litter box, bungee cords, duct tape and a belt.

Authorities say Nixzmary died on Jan. 11, 2006, while being punished for stealing yogurt. Her stepfather, Cesar Rodriguez, was convicted of manslaughter for delivering the fatal blow.

The prosecutor said Thursday that the dying child's last word was "Mommy."

Nixzmary Brown's mom weeps in court at photos of abuse --

Saturday- Sept 20 2008

Mother of battered 7-year-old NY girl on trial

By COLLEEN LONG Associated Press Writer

September 21, 2008

NEW YORK - After she was brutally beaten by her stepfather, 7-year-old Nixzmary Brown lay naked, weeping and begging for her mother, but no one came to her aid or called for medical help until hours after she died, prosecutors said.

The girl's stepfather has already been convicted of manslaughter, but prosecutors have now put her mother on trial for murder and other charges for allowing the vicious abuse to go on.

The trial has raised the question of whether mothers should be held to a higher standard than fathers at a time when traditional gender roles in the home are changing.

"In failures of care, mothers are held much more responsible, even when other individuals and agents play a role," said David Finkelhor, a sociology professor at the University of New Hampshire and the director of the Crimes against Children Research Center. "A good way of looking at whether the issue of bias was involved: If the gender roles had been reversed, would the outcome be the same?"

"The things that men do, abandoning their families, the kids, very rarely are they reported or cited as perpetrators of neglect, unless they somehow are the primary caregiver," Finkelhor said. "That's not true with women."

Prosecutors said that Nixzaliz Santiago had failed to protect her child in shocking fashion, and should be thoroughly punished. "This is about what she didn't do," prosecutor Ama Dwimoh said of Santiago. "She failed her daughter miserably."

Santiago has been charged with second-degree murder, manslaughter and reckless endangerment in the death of Nixzmary, though her husband, Cesar Rodriguez, has been convicted of manslaughter for delivering the blow that killed the little girl. She was so malnourished when she died that she weighed only 36 pounds _ about half the weight of an average girl that age.

Santiago pleaded not guilty and went on trial last week. The killing hastened reforms in New York's troubled child welfare agency and made Nixzmary's name synonymous with child abuse.

Rodriguez dodged a murder conviction at his trial in February but was convicted of the lesser manslaughter count, with several jurors at Rodriguez's trial saying a mother had a higher duty to protect her children than a father or stepfather. He received the maximum 25 years on manslaughter and four more years for additional lesser counts.

Santiago's lawyers have argued that she was so traumatized and frightened by Rodriguez that she was incapable of helping Nixzmary. Attorney Sammy Sanchez portrayed Santiago as a loving but "unsophisticated" mother with a fifth-grade education who relied on men for support.

He also hinted that she had emotional problems, telling the Brooklyn jury of 10 women and two men how she once took a miscarried fetus home from the hospital in a jar and put it in her bedroom.

Nixzmary died in Jan 2006 of a vicious blow to the head while being punished for stealing yogurt from the fridge. Santiago reported finding the child unconscious in the family's three-bedroom apartment.

Investigators discovered she had been a virtual prisoner, confined to a room with dirty mattresses, a broken radiator, a wooden chair to which she was bound with a rope, and a litter box she was forced to use instead of a toilet.

There had been warning signs for years before Nixzmary's death. School employees had reported that she had been absent for weeks the previous year. Neighbors noticed unexplained injuries and noted the child appeared under-fed, though Sanchez has said she was just small for her age. Child welfare workers had been alerted twice but said they found no conclusive evidence of abuse.

Santiago's trial began with police Sgt. Erick Nolan, who first responded to the scene, testifying as gruesome photos of a beaten, emaciated Nixzmary were shown to the jury. Nolan testified during Rodriguez's trial as well.

Attorneys for both sides will have a challenge based on the outcome of the previous trial and Rodriguez being acquitted of the most serious charges.

"The prosecution has the opportunity to learn from its mistakes. They can see how a previous theory of the case was accepted or rejected by the jury and alter their approach to the case if necessary," said Jeremy Saland, a former Manhattan prosecutor who is now a defense attorney.

Saland said the defense is contending with possible preconceived notions as to the defendant's guilt.

"The defense attorney must aggressively fight an uphill battle to make sure a fair and impartial jury is empaneled despite the terrible nature of the crime and the publicity it received," he said.

Link -
Mother of battered 7-year-old NY girl on trial --

Related - - Prosecutors: Nixzmary's Mom Failed To Protect Her

NYC Nixzmary jurors see gruesome evidence --

Sunday - Sept 21, 2008

Mom's defense hopes to use Nixzmary Brown photos --

The Associated Press: Mother of battered 7-year-old NY girl on trial

Monday Sept 22, 2008

Real Estate Brooklyn coverage Bay Ridge Eagle Brooklyn, 2007 NY information :: daily paper in Brooklyn

Tuesday - Sept 23, 2008

Lawyers for Nixzmary's mom to use photos in defense --

NY1 24 Hour Local News Top Stories Case For Neglect Made Against Nixzmary Brown's Mother

Wednesday - Sept 24, 2008

NY1 24 Hour Local News Top Stories Medical Examiner Takes The Stand In Nixzmary Brown Trial

Friday September 26, 2008

Telling, Again, of Girl’s Death a Floor Below -


Saturday Sept 27, 2008

Judge halts Nixzmary Brown trial

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1 comment:

Anonymous said...

Let's hope that Supreme Court Judge Patricia DiMango has more
courage to do the right thing
under the spotlight in the criminal case against
the mother of Nixzmary Brown.
She probably doesn't want anyone to know that she participated in the legalized
kidnapping in my case while paying her dues on the matrimonial bench
in Supreme Court in Staten Island.
She enabled the parental alienator and his attorney (a good ole boy with a DA's Office background too). Judge DiMango refused in an in camera oral ruling to take
jurisdiction on a removal motion away
from Family Court Judge McElrath in 2000 on a case that reeked of fraud on and with the court and parental alienation. Do you think Judge DiMango wanted to protect herself and not the children and that's why she chose to put nothing on the record and did not issue a written decision?