The Misery Machine - The Story of Nixzmary Brown

Starting point is 00:00:00 Nix Mary Brown was born on July 18, 1998 in Waterbury, Connecticut to parents Nix Elise Santiago and Abduraman Mian and went on to live in Brooklyn, New York. She had two sisters and four brothers, but they didn't share the same father. As many of the siblings' names have been redacted from official documents, will be referring to some of them by their first initials during our story. Her mother, Nix Elise, was raised in a tranquil household in Aguadilla, Puerto Rico, along with her four brothers. Her father left the family when she was a young girl.

Starting point is 00:00:33 Soon, Nix-Alees found herself pregnant with her first child, Javier, when she was just a teenager. The father, Carlos Batista Cruz, didn't stay in her life for long. Soon, Nix-A-Lis left a small coastal town and went to New York in the mid-1990s with her son in tow.

Starting point is 00:00:50 But she soon found love again with the Duran. You see, the two first met when he struck up a conversation with Nix-A-Lise and her on as they all watched a street fight in their neighborhood. Neither of them knew any of the people involved, but it gave him a reason to approach her. The pair dated on and off for six months, after which Nix Elise found herself pregnant again.

Starting point is 00:01:12 However, Abduramon didn't want to be a father and wanted the young mother to terminate her pregnancy, but she would not. Determined to have her baby, Nix Elise disappeared, first to a homeless shelter near Shea Stadium and then to Connecticut, where she met Edward Brown,

Starting point is 00:01:28 whom she later had two children. As far as Abduramon's baby, Nixelis named her Nixemary, a play on her own name, and gave the little girl Edward's last name. According to relatives, Edward adored the children, and even though Nix Mary wasn't his own,

Starting point is 00:01:44 he still loved her as if she was. However, the relationship later ended, and at some point, Nixelice met and married a man named Caesar Rodriguez. Caesar came to New York from the Mexican state of Guerrero as a child, settling in the Williamsburg neighborhood of Brooklyn. He went on to serve in the U.S. Army and later worked as a security guard in the building in which Nix Elise and her children lived.

Starting point is 00:02:08 They later moved into a second-story, three-bedroom unit, located at 571 Green Avenue in Brooklyn's Bedstein neighborhood, above what is now the Little Roy Coffee Shop. Nix Mary went on to attend PS-256 Benjamin Bannaker Magnet School of I. architecture and engineering, just a few blocks away on Casusco Street. She was described as a typical seven-year-old girl with lots of friends. As the family spoke Spanish at home, Nixemary needed help learning English. While in school, Nixmary became friends with another little girl named Janelle who helped teach her English and check her homework. Nixmary would practice writing letters at school detailing how much she enjoyed her friends and spending time

Starting point is 00:02:49 with them. She knew that she wanted to communicate with her friends as best as she could. And at even just seven years old, Nix Mary was very focused. According to her aunt Iris Rodriguez, her niece was so determined to learn English that she would go around picking up everything she could with English on it to try to read it. Nix Mary, now seven years old, was described by her family members as a vivacious young girl who always was full of life. Her innocent smile and energy would light up a room. She was an adorable little girl who loved to play with Barbie dolls, her siblings, and her cat, angel. Unfortunately, behind that beautiful smile, there was a little girl whose young mind, body,

Starting point is 00:03:30 and spirit were being put through the worst treatment imaginable. On May 16, 2005, the very first allegations of CA against young Nixemary were filed. At the time, the little girl was in first grade and had missed 46 days of school. The report also noted that Nixmere's eight-year-old brother, Javier, had told the school staff that Nixmary had burned her hand on a stove and that she had fallen out of bed hitting her head in foot. At the time of the report, there were four other children living in the household, ranging in age from one year to eight years old, and Nix-A-Lise was seven months pregnant. On the same day, a caseworker with the administration for children's services, or ACS, attempted to conduct a home visit at the family's apartment,

Starting point is 00:04:14 which was unsuccessful. On May 18th, they returned, conducted a home visit, and interviewed the family members. The interview was conducted in Spanish as it was the prime language spoken by the family. The caseworker determined that the living situation was adequate. There was sufficient food, clothing, and sleeping arrangements for the five children. During this visit, the caseworker noticed would appear to be a healing injury consistent with a burn on Nix Mary's hand. Both Nix Elise and Caesar denied knowing how the injury had occurred. Nixelice also noted that she was unaware that Nix Mary had fallen out of bed. Nixmary told the caseworker that she had burned her on the radiator in her bedroom, which had been dripping hot water.

Starting point is 00:04:57 She also shared that she didn't remember falling out of her bed. Nixemary's brother Javier told the caseworker the same explanation for Nixmary's injury, although he had originally told the reporting guidance counselor a different story. The caseworker also noticed that Javier had scratches on his face. Javier told the caseworker that he had scratched himself running into a tree outside school. Nick's younger brother, only known through reports by the initial E, who was a month away from his sixth birthday, told the caseworker that Nick's Mary had burned her hand on the living room radiator. He also said that Nick's Mary did not fall out of bed. It should be noted that the caseworker never asked Nick's Mary or her siblings when she injured her hands.

Starting point is 00:05:43 This would have been important as the home visit took place in mid-May when the radiator shouldn't have even been on. In addition, Nix Elise shared with the caseworker that Caesar was the father of her unborn child, as well as her one-year-old son, Caesar Jr. She told the caseworker that another man was the father of her other children, that she had a protection order against him as a result of DV when she lived with him in Connecticut. However, the caseworker never obtained a copy of this protection order, never investigated her claims of DV, and never looked into whether or not Nix Elise received any form of counseling.

Starting point is 00:06:18 These were all things that caseworkers are expected to investigate when incidents of DV are brought up, with both current and past partners. During this home visit, the caseworker expressed concern to Nix Elise that Nix Mary appeared both shy and Ferry Finn. Nix Alise claimed that her daughter often refused to eat, and she had discussed this problem with her doctor. She told the caseworker that the children were up to date on their immunizations and provided them with the name and telephone number of their pediatrician. The caseworker obtained her signature on a consent form for ACS to review the children's medical records. However, the caseworker never spoke to the children's pediatrician or obtained copies of their medical records. In fact, they never even looked into any of Nixilice's claims.

Starting point is 00:07:04 When asked about Nix Mary's absences from school, Nixelice did not deny that Nixmary had missed a great deal of school. She claimed that due to her pregnancy, she often had trouble getting her children to school on time. However, none of this really passed the sniff test. According to school staff, Nix Elise routinely walked her children to school and picked them up at the end of the day. Nix Mary's brother, Javier, had missed 14 days fewer than his sister. And keep in mind, the school wasn't that far away. It was less than a half mile from the family's apartment. It was 2005, and times were different back then, a lot of kids walked to school by themselves.

Starting point is 00:07:40 The mother further claimed that Caesar was rarely available to take the children to school because of his work schedule. He worked as a security guard at the state building located at 55 Hands in place in Brooklyn, where he earned about $450 a week. She shared that her husband didn't work on Mondays and Wednesdays, and on those days, he helped drop off and pick up the children from school. Again, the caseworker didn't bother to verify these claims with Caesar's work or the school. Although the caseworker was instructed by her supervisor on the day of the hotline report to contact the reporting guidance counselor,

Starting point is 00:08:13 the caseworker did not speak to the counselor until June 27th, nearly six weeks after the hotline report was made. When the caseworker finally interviewed the Guine's counselor, it was by telephone, not a face-to-face interview. During this call, the caseworker failed to mention any of Javier's claims. ACS records reflect that the guidance counselor told the caseworker that Nix Mary's school attendance had improved, although that was incorrect. It was later found that Nix Mary had been absent from,

Starting point is 00:08:43 more than 50% of the school days between May 16th and the end of the school year on June 28th, even after the ACS home visit. In fact, Nix Mary had been absent from school 56 out of the possible 177 days and late on an additional 17 of them. On July 7, 2005, the caseworker conducted another home visit during which Caesar and the children were at home. Nix Elise had just given birth and was still in the hospital. The caseworker discussed Nix Mary's weight with Caesar.

Starting point is 00:09:18 He also claimed, as Nixelice had prior, that Nixirri often did not want to eat. At the conclusion of the home visit, the caseworker promised to provide a referral for a crib, then later arranged for a crib, a double stroller, and a high chair to be delivered to the family. The following day, the caseworker closed the May 16th complaint as unfounded. On December 1, 2005, Margarita Koto, a school social worker, made a report to the hotline alleging that Nix Mary and her mother were being physically beaten by Caesar. The social worker alleged that Nix Mary had a laceration on her forehead and a bruised eye. She was very withdrawn and she often missed school.

Starting point is 00:09:59 It was also noted that Nix Lise herself was withdrawn and passive, taking no action to protect herself for the children. The report further stated that Caesar intimidated all the children in the household to prevent them from discussing what was going on in the home. The social worker reported that she did not want to send the children home from school because she had serious concerns for their immediate safety. The report further stated that Caesar typically picked up the children from school, that Nix Elise was pregnant again. Because the reporting social worker expressed concern for the safety of the children, the hotline report was

Starting point is 00:10:33 routed to the instant response team, or IRT, at ACS's Brooklyn Field Office. for immediate response. But as with everything thus far in this story, the ball was dropped along the way, and there remains a significant dispute between ACS and the NYPD as to whether the report was designated as an IRT case. The IRT kept a copy of the receipt showing a fax transmission of documents

Starting point is 00:10:59 to the Child Advocacy Center on that day, which establishes that five pages were faxed to the Brooklyn Child Advocacy Center at 3.18 p.m. However, there was no way to determine from this fax receipt whether these documents included the hotline report or it all related to Nix Mary Brown. The RET also claimed that they had a conversation with the detective and they believed that the NYPD would meet ACS staff at the school to assist in the initial interviews of the children and to provide whatever other support was necessary.

Starting point is 00:11:33 However, the ACS caseworker and supervisor arrived at Nixmary School at approximately 2.20 p.m. to interview the children. Almost a full hour prior to the facts being sent. Had the IRT protocol been triggered, the ACS staff should have waited for the NYPD to arrive to conduct joint interviews with the children. However, the NYPD has strongly contested that the report was ever designated as an IRT case. The NYPD has also stated that at approximately 305 p.m., A detective from the Brooklyn's CA squad received a telephone call from the IRT seeking device about the case. According to the NYPD, the IRT told the detective that Nix Mary had visible injuries to her face, but said that no one was alleging these injuries were intentionally inflicted.

Starting point is 00:12:20 The NYPD further stated that the IRT told the detective that a caseworker and her supervisor were at Nixemary's school, and Caesar, the children's stepfather, was on his way to the school. Although no criminality was alleged, he seemed belligerent in a telephone call with ACS staff. The NYPD detective had worked with the ACS supervisor at the Brooklyn Child Advocacy Center, and because of that prior working relationship, agreed to go to the school to assist the supervisor in dealing with Caesar. The NYPD stated that had the detective and the ACS supervisor not known one another, the detective would have directed the IRT to call 911 for assistance, as this was required by their protocol. Detectives arrived at the school at approximately 3.35 p.m., by which time the

Starting point is 00:13:08 ACS staff had been at the school for over an hour and already interviewed Nix Mary and her siblings. The ACS caseworker told the detectives that nothing was going on and relayed Caesar's account that Nix Mary had just fallen on a piece of wood. The ACS supervisor stated that they did not need any assistance from detectives, although the detective offered to run a query in the NYP DD-D-D-V database to determine if the family had a history. That check ended up proving negative. The ACS supervisor told the detectives that they were leaving to take the family home and did not require any further assistance from the NYPD.

Starting point is 00:13:46 As mentioned prior, at approximately 2.20 p.m. on December 1st, an ACS caseworker and her supervisor arrived at the school, where they spoke with the interim acting principal. The principal reported that Nix Mary had come to school on several occasions with bruises. although the school did not call the hotline on those occasions. She said she was worried because Nixmary's injuries appeared to be getting more serious. The caseworker and her supervisor then interviewed Nix Mary and her three siblings. Nixmary had a bruised and swollen right eye and a bandaged gash above that eye about two inches long.

Starting point is 00:14:22 During her interview, Nixmary claimed that she had injured herself by falling on a piece of wood in her apartment. She also claimed that her stepfather had thrown the wood out after her fall and had taken her to the hospital thereafter. Nix Mary's older brother, Javier, repeated this story, but claimed that he and his younger brother were the ones that threw the wood out. Nix Mary's younger sister, note only by the initial S, who was five years old at this time, told ACS staff that Caesar, their stepfather, had caused Nix Mary's injuries. Caseworkers asked her to explain how it happened, but S only put her,

Starting point is 00:14:57 pointed to the window and did not offer an explanation. So the caseworker asked again, but she simply just pointed to the window once more. The caseworker and her supervisor also attempted to interview Nick's brother, only known by the initial E. He was six years old at this time. But his speech impediment made it very difficult to understand him. It should also be noted that the caseworkers in question

Starting point is 00:15:20 conducted these interviews in English, despite Spanish being the primary language spoken at the home by the family. After interviewing the children, the caseworker and her supervisor interviewed Caesar. He said that Nix Mary had fallen on some wood and he would say nothing further on this matter. Caesar did provide the caseworker with a copy of Woodhall Hospital's discharge summary from Nix Mary's visit to the emergency room on November 28th for her injuries. This summary indicated that Nix Mary should return to the hospital in seven days to have her stitches removed. However, there are no records indicating that ACS ever contact. the hospital to confirm the series of events with the treating physician.

Starting point is 00:16:01 When questioned about it later, the caseworker claimed she had a phone conversation with the doctor whom she could not name and alleged that she must have forgotten to document the call. The caseworker and her supervisor interviewed Nix Elise later that same day at the family's apartment. This was the only successful home visit conducted by ACS in the investigation of the December allegations. During the interview, Nix Elise said that she had a miscarriage on the day that Nix's Mary was injured and as a result did not see how Nix Mary's injury occurred. She offered to show the caseworker and her supervisor the miscarried fetus, which she claimed to keep in a jar in her bedroom. Both of them declined this invitation. On December 5th, the caseworker noted in her records that

Starting point is 00:16:45 ACS should consider referring Nix Elise for mental health services or grief counseling, given that she was keeping a miscarried fetus in a jar. However, referrals were never made. In addition, there is no record that the caseworker or her supervisor asks Caesar, Nix Mary, or her siblings to identify precisely where Nix Mary had fallen on the wood once they were back at the apartment. On December 6, the supervisor assigned a new caseworker to, among other things, conduct a follow-up home visit to introduce herself to the family. During the visits, she was to discuss any service needs with the family and encouraged them to address a number of necessary repairs identified during the family.

Starting point is 00:17:27 home visit. Most importantly, she was to discuss with Nix Elise her desire to keep her miscarried fetus in a jar in her bedroom and inquire whether the children had seen this fetus. The caseworker was unsuccessful in conducting any follow-up home visits or addressing any of the other directives identified by her supervisor. On December 8, 2005, the assigned caseworker attempted to conduct a home visit, but Caesar refused to allow her in, claiming, that no one was at home and he was about to leave. Caesar came downstairs and the caseworker gave her card to him and said that she would contact him the following day to schedule a home visit.

Starting point is 00:18:07 The following day, the caseworker called the home four times but could not reach anyone. At this point, the caseworker could have sought a warrant that compelled Caesar and Nixilis to produce their children and allow entry into their home. The family court can issue a warrant of entry when there is probable cause to believe that a child is in danger and the caseworkers refused access to the home.

Starting point is 00:18:30 The family court can also issue a warrant directing that a child be brought before the court when there is evidence a child is in danger and the parent refuses to permit an investigation. However, despite all of this, the caseworker failed to do anything at all. Instead, from December 16th through December 20th, the assigned caseworker went on vacation.

Starting point is 00:18:51 The caseworker was not temporarily reassigned and ACS records reflect no activity whatsoever during this period by a substitute caseworker or anyone else at ACS. At some point on December 21st or 22nd, the caseworker supervisor was contacted by school officials who reported that Nix Mary and her siblings had not been to school in two weeks. The caseworker attempted to contact the family by telephone, but learned that their telephone number was not in service.

Starting point is 00:19:19 The supervisor later told investigators that she attempted a home visit on December 21st or 22nd, but was unsuccessful. On December 23rd, the caseworker made another attempt at a home visit. On January 4th, 2006, ACS received a telephone call from a school social worker reporting that Nix Mary and her siblings continued to be absent from school. Allegedly, the supervisor attempted another home visit on January 5th. It should be noted that ACS records do not show documentation of any of these home visit attempts. On January 10th, the caseworker and her supervisor's decision,

Starting point is 00:19:55 decided to request that emergency children's services attempt a home visit over the following weekend. However, their direct supervisor expressed concerns about waiting until the weekend and directed the caseworkers to attempt another home visit that evening. Because the caseworker had another assignment that night, she was told to wait until the following day. This following day was January 11, 2006. The caseworker tried to visit the home again. When she arrived, police and evening, EMTs were already on the scene, and had been since around 4.30 that morning. Nick's Mary was dead.

Starting point is 00:20:32 According to one of the EMTs when he arrived, Nick's Mary was lying on the floor, were in only pajama bottoms with a folded up shirt underneath her head. He noticed that Nix Mary had injuries on her face, wrists, ankles, and suspected that this was not an accident. The little girl had two giant black eyes. According to the EMT, Nix-Alease and Caesar claimed to have put Nix Mary in the bathtub and then forgotten about her for three hours. However, according to the office of the medical examiner, Nix Mary's tiny body told a different story.

Starting point is 00:21:10 She had a variety of injuries to her head, torso, arms, and legs of varying ages. Nix Mary was seven years old and weighed 36 pounds at the time of her death. The average weight of a seven-year-old girl is 50.4 pounds. But the fact that she was wasting away wasn't what killed her. The medical examiner concluded that Nix Mary had died

Starting point is 00:21:34 as a result of a brain hemorrhage caused by a blow to the head. The most tragic part, all of this could have been prevented had the caseworker made the home visit on January 10th. That evening, Caesar flew into a rage

Starting point is 00:21:49 when he learned that his computer printer wasn't working. One of Nix Mary's siblings blamed the whole, thing on her. In addition, he noticed that a single cup of yogurt was missing from the refrigerator. When he asked Nix-A-Lise who had taken it, she blamed Nix-Mary. This caused Caesar to go berserk. While Nix-A-Lise looked on, Caesar started beating her small body with close fists at full force, and then took off his thick leather belt and began to strike her with it. He kept saying

Starting point is 00:22:21 this is for your own good. Caesar stripped the little green. and dragged her into the bathroom and turned on the cold water from the bathtub faucet and thrust her head underneath the freezing water. Allegedly, loud banging noises and Nix Mary screaming for her mommy could be heard throughout the apartment. Finally, Caesar grabbed Nix Mary by her head and slammed it into the bathtub at full force. The stepfather tossed her battered and severely malnourished body onto the floor of a filthy bedroom, where she was kept like a prisoner for her remaining day. There, she lay on the floor in the fetal position, moaning in pain, and uttering some of her final words which were mommy, mommy, mommy, don't leave me. While laying there alone on the cold wooden floor, Nix Mary would have gone through all of the stages of death from brain bleed.

Starting point is 00:23:11 A headache, nausea, confusion, sleepiness, a coma, and then finally, respiratory depression. Both Caesar Rodriguez and Nix Elise Santiago Rodriguez were arrested, and their surviving children were placed in foster care. Caesar was charged with second-degree homicide as well as first and second-degree manslaughter. He was also charged with S.A., criminal possession of a weapon, and child endangerment, as well as other charges related to the mistreatment of Nix Mary's surviving siblings. Nixelis was charged with many of the same charges as her husband, as well as reckless endangerment for witnessing her daughter's mistreatment and failing to report it or seek medical attention.

Starting point is 00:23:54 At trial, bags of evidence told a horrific story of what was occurring behind closed doors of 571 Green Avenue and Bedstuy. Prosecutors unveiled a child's wooden school chair with a length of nylon twine tied to it, a bloodstained Donald Duck pillow, a cat litter box with its contents, which included 13 lumps of human excrement, a blanket trailing with a piece of,

Starting point is 00:24:17 of duct tape. One by one, each of the items were unwrapped like gruesome presents for the jury to see. But how did these items relate to the case? Well, according to Caesar's own videotape statement, the chair was used whenever he felt that Nix Mary was misbehaving. She was tied to it with twine, duct tape, or bungee cords, all of which cut into her ankles. The blood that was on the Donald Duck Pillow, as well as many other clothing items and towels, was Nix Mary's. In fact, a DNA expert would later testify that blood could be found all over the apartment. In the cat box, this was her toilet.

Starting point is 00:24:55 Caesar and Nix Elise kept the little girl locked away in a derelict bedroom all alone, with nothing but a cat box to use to relieve herself. She was literally a prisoner in her own bedroom. While the rest of her family slept on comfortable beds, Nix Mary slept in a filthy, rat-infested bedroom on a dirty mattress. Jurors were shown pictures of,

Starting point is 00:25:17 of the family's well-stocked refrigerator full of milk, pancake mix, salami, tortillas, cream cheese, lettuce, and the yogurt that was missing that Nix Mary allegedly stole the night she died. But instead of being allowed to feast on the many foods that the family had in their possession, Nix-Merry was forced to consume cat food. In addition, jurors were shown a shocking video that took place just 32 hours before the little girl was found dead. While bruised and battered, Nix Mary Brown sat home alone. Her family was out enjoying a fun-filled shopping trip for toys. Her mother, stepfather, and five brothers and sisters were at Target picking up Power Ranger toys and sweets. The tape showed Rodriguez paying cash at the Target in downtown Brooklyn's

Starting point is 00:26:02 Atlantic Center Mall for Power Rangers action figures, Hot Wheels cars, Play-Doh, Brat's Dolls, and Jello, shortly before 7.30 p.m. on January 9, 2006. Nixelisse is then seen leading the family and pushing her youngest son, Caesar Jr. in a stroller. Nix Mary is nowhere to be seen in this footage. However, Jeffrey T. Schwartz, a lawyer for the defense, had the audacity to paint little Nix Mary as a villain. He described Nix Mary as a force of destruction who terrorized her younger siblings. He said she refused to be disciplined, slipping the ropes that bound her to the chair in her

Starting point is 00:26:44 room. He called her a little Houdini. On the last night of her life, in his words, she needed to be corrected. Attorney Schwartz defended Caesar's approach to parenting as that of an overtaxed man doing his best to maintain order in a chaotic household. He said, quote, it's one thing to say Caesar Rodriguez was beating up on this little 36-pound seven-year-old girl. But think about it. All the other kids were younger and smaller, end quote. Nick's Mary, he said, would cut and hit the other children, and Caesar feared for their safety. As for what Nixbury did to provoke Caesar's wrath on the last night of her life, Attorney Schwartz said, quote,

Starting point is 00:27:23 it's easy to say, oh, he killed a kid and beat her because of yogurt. Many of us don't have yogurt problems, but when you're poor and you can't afford unlimited amounts of food and you have six children, you have to make sure that everyone gets what they're entitled to get, so that you can ensure that everyone stays healthy, end quote. You have got to be fucking kidding me. He went on to portray Nix Elise as a clear villain,

Starting point is 00:27:45 a manipulative woman prone to fits of rage who beat Nixemary viciously, saying she was responsible for an attack that sent the girl to the hospital just weeks before her death. Attorney Schwartz alleged that Nix Elise held resentment towards her daughter for, in his opinion, causing her miscarriage. In fact, the jury was shown a ghoulish picture of what appeared to be a miscarried fetus in a jar on Nix Mary's mother's dresser. Caesar, Attorney Schwartz said, was Nixelisse's night and his wife. shining armor, a hardworking man who got her and, in his words, her brood out of the homeless

Starting point is 00:28:18 shelter system. He took the six children to nearby parks, bought them toys, and, most importantly, tried to teach them right from wrong. He went out to state that Caesar had picked up some strange ways of showing his love from his own father, such as holding Nix Mary's head under freezing water, for example, as his own father had done to him. But he only wanted the best for his children. The defense also called Vanessa Rodin, the ACS caseworker that had visited the family on December 1st. Ms. Rodin claimed that when she went to the family's apartment, she found a home that was neatly cleaned with an abundance of food and toys. She stated that Nix Mary was well-groomed and dressed appropriately. She concluded that the children were not at imminent risk at the time, and the home was a safe environment in her opinion.

Starting point is 00:29:05 Ms. Rodin said that she was concerned by the fetus on display in the bedroom. She said, I told her it was not healthy to keep that in the house. The jury also heard testimony from an unnamed inmate from Rikers Island. As we mentioned previously, Caesar was also being charged with SA, and this inmate had the alleged details. She claimed that Nix-A-Lise desired to hurt her daughter because she discovered Caesar making this little girl perform oral on him. The inmates said that Nix-Lose-Lice referred to Nix-Merry as Diablo.

Starting point is 00:29:38 What is important to note is that even with the inmate's testimony, the essay charges against Caesar were dropped as the medical examiner could not find any definitive proof that the crime had occurred. According to Nixelisa's lawyer, Sammy Sanchez, his client loved Nix Mary, but she couldn't help the girl because she was dealing with so many other things, including a miscarriage that Sanchez claimed was caused by Caesar. He said, quote,

Starting point is 00:30:06 you know why she didn't call the police? There is no phone. He disconnected the phone. He isolated the family. The more violent he became, the more he isolated the family. End quote. On March 18, 2008, Caesar Rodriguez was convicted of first-degree manslaughter. He faced a maximum of 29 years for the manslaughter charge,

Starting point is 00:30:29 weapons possession, and endangering the welfare of a child. On April 3rd, Brooklyn Supreme Court Justice El Priscilla Hall sentenced Caesar to a term of 26 to 29 years in prison. He was given 25 years for first-degree manslaughter and one to four years for false imprisonment. A jury returns a verdict in the case of a Brooklyn man charged with beating his seven-year-old stepdaughter to death. New York one's Janine Ramirez was in court throughout the trial.

Starting point is 00:30:56 She has more on a decision that left neither prosecutors nor defense attorneys satisfied. After a trial that lasted almost three months, Sessa Rodriguez escaped him. murder conviction in the beating death of his stepdaughter Nix Mary Brown. He was convicted instead of first-degree manslaughter. That means jurors found that he recklessly intended to hurt Nix Mary badly and that she died as a result. At least they're holding him accountable by way of manslaughter in the first degree. He did kill her. The issue is, was it depraved indifference or was it mere reckless? They believe and they have spoken. It was reckless.

Starting point is 00:31:36 Rodriguez's lawyers also expressed disappointment in the verdict, claiming if he should have been convicted of anything, it should have been a lesser charge. They accused the district attorney's office of withholding evidence. I find no delight in him being acquitted of the top charges because I think he should have been acquitted of more of the top charges. I take no comfort in the fact that he got his day in court because his day in court was perverted and was not just. With New York City's Child Welfare Services, tonight is this just a just? for Nix Mary, who was battered and abused to the very end. Well, the case is not over yet. Chris Clorioso is live in downtown Brooklyn tonight with a look at today's verdict.

Starting point is 00:32:15 And what happens next? Chris? Jim, he killed his stepdaughter while punishing her for taking a yogurt snack out of the refrigerator. And tonight, Cesar Rodriguez's lawyer says he will likely go to prison for a quarter century. But some say he got off easy. Instead of a manslaughter conviction, they wanted a murder conviction. I just don't understand how this guy just got away with it. Emotions overflowed after a jury decided not to hand Cesar Rodriguez a potential life sentence. On tape, he admitted to repeatedly abusing his stepdaughter, Nix Marie Brown.

Starting point is 00:32:49 Still, sullen jurors declined to convict him of the highest charged second-degree murder, instead favoring manslaughter. The verdict was the verdict. You all heard it? They made a determination that Caesar Rodriguez, what the actions that he did, did not amount to depraved indifference murder, and that it was just mere reckless. The verdict stung O'Wilda Cordero, a longtime spokeswoman for Nix Marie's grandmother.

Starting point is 00:33:16 She believes Rodriguez was the primary killer. He knew what he was doing to her. He was tying her up. He was doing all these bruises to her every day and beating her. And you're going to tell me he didn't know what he was going to capable of maybe killing this little girl. Telling her restraint. By putting duct tape behind her hand,

Starting point is 00:33:34 and tie onto the chair. Defense lawyers contends Cesar Rodriguez's confession proves only that he was an abusive parent, not a man who intended to kill. The same defense team says prosecutors abused their duty by withholding key evidence. To the district attorneys in this case, I would just say shame on you for cheating

Starting point is 00:33:51 and for having to cheat in a high-profile case to try to secure a conviction at all costs, which they were not able to even do with cheating. With Rodriguez convicted of the lesser manslaughter charge, the DA will now try, Nick's mother, Nixili San Diego. She too faces a murder charge. With Nixlea Santiago, the theory that prosecution has always been a failure to provide prompt medical attention. Now the Rodriguez defense team insists that Nixiris Santiago the

Starting point is 00:34:18 mother was indeed the parent who delivered the fatal blow. They have said Santiago became demented and convinced that Nix Marie was a devil after Santiago had a miscarriage in 2005. Her trial will begin in the coming weeks. Nixelis Santiago Rodriguez was found guilty of manslaughter, the same verdict that Caesar had received. She was acquitted of the more serious charge of second-degree homicide. However, because she was also convicted of four lesser crimes, including assault, unlawful imprisonment, and child endangerment, she would face more time when sentenced.

Starting point is 00:34:54 Nixelis was sentenced on November 12, 2008 to 43 years in prison. However, on appeal, her sentence was released. reduced to 33 and a third to 36 years. A protection order was put in place to prevent her from seeing her other children. On Friday afternoon, after 18 hours of deliberation over three days, a jury of 10 women and two men convicted the mother, Nixili Santiago, of first-degree manslaughter, but acquitted her of murder. The murder charge could have put Santiago away for life,

Starting point is 00:35:22 but as it is, she'll still face up to 33 years in prison. By its verdict, the jury held Santiago responsible for not stepping in in stopping the horrendous abuse inflicted on the girl by her stepfather, Cesar Rodriguez. Jurors heard evidence that he duct-taped her mouth shut, bungee corded her to a chair, and forced her to use a kitty litter box as a bathroom. Prosecutor Amma Jammot said the verdict sent a clear message.

Starting point is 00:35:46 Because what it says in no uncertain terms, children are owed a duty. Parents, you have a duty to your children. And your duty is as simple as protecting you. them. Defense lawyer Kathleen Mullen said her client was upset, but nonetheless thankful that the jury did not convict on the murder charge. We're very satisfied that she was acquitted of the murder charge, and we believed all along that she should have been acquitted of the murder charge. But, you know, but I can't lie to you, we're disappointed with the intentional elements of the

Starting point is 00:36:19 remaining charges and the convictions on those intentional. Santiago's mother, Maria Gonzalez, the grandmother of Nix Mary Brown, who has taken heat for not stepping in to stop the terrible abuse the little girl was suffering, left Brooklyn Supreme Court without a word. She has filed a $250 million lawsuit against the city for the girl's death. The journey for justice for Nix Mary Brown is almost over. But our story does not end here. Unfortunately, a protection order was not put in place

Starting point is 00:36:48 to prevent Caesar Rodriguez from having contact with the children. Therefore, in 2014, Nick's 15-year-old, brother was arrested after his adoptive mother told police that he essayed two relatives. It has been reported that the teenager's stepfather, Caesar Rodriguez, ordered him to commit this crime. In 2017, Nix Mary's biological father of Duramon Mion received a three-quarter of a million dollar settlement from the city after he alleged the city failed to protect her. Then again, he didn't do anything to protect Nixmary either.

Starting point is 00:37:25 Nix Mary's law was proposed in January 2006 by New York State Senator Joseph Bruno shortly after these events. The law is designed to deter or prevent CA-related crimes by charging parents connected to the death of their children with first-degree homicide, the maximum punishment for which in New York State would be 25 years to life in prison without the possibility of parole. Since the passage of the law, reports have increased the New York State's CA hotline. Nix Mary's funeral was held at St. Mary's Church on Manhattan's Lower East Side. Her tiny body lay inside a small coffin draped with a white and red cloth before an altar still decorated with Christmas point setters. She was dressed in a white communion gown and veil and looked like a little doll. There was considerable anger during her burial, with two sides of Nix Mary's family present.

Starting point is 00:38:17 Caesar Rodriguez's sister Iris showed up unexpectedly, and her appearance prompted shouts by others to leave, and at least one comment of her not being welcome. Nix Mary Brown was laid to rest at the Cypress Hill Cemetery in Brooklyn, New York. Her red granite gravestone bore the inscription written in Italian and according to Google Translate in English means, an angel and in our hearts.

Starting point is 00:38:42 An etching of two angels peering down at a sleeping baby is situated at the top, wrapped in a ribbon with the words, safe in the arms of God. Let's just hope that wherever Nix Mary is now, She is safe from anyone that would wish to inflict harm upon her and is resting in peace.

The Misery Machine - The Story of Nixzmary Brown

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