Nixzmary Brown
(nicks-mah-ree)
July 18, 1998 - January 11, 2006
CPS would received a complaint about the abuse of Nixzmary
when she showed up to school with a black eye. An interview was conducted,
Nixzmary, her siblings and her stepfather were all interviewed, though
CPS was not able to get into the house to check things out. The case would
stall right there. The CPS workers would
be the first of many to fail Nixzmary Brown.
In May of 2005, a counselor at the school Nixzmary
Brown attended
reported to Children's Protective Services that
she Nixzmary had
missed 47 days of school. An immediate response
was made, though
the case was closed a few weeks later. CPS failed
Nixzmary by NOT
seeing that her parents had not been sending her
to school, which is
considered educational neglect.
Then in December another complaint was received
from the Brooklyn
Elementary school. Nixzmary and her siblings were
interviewed at the
school the day the complaint was made. Nixzmary
was not taken to
be evaluated by a medical professional and the
CPS agent who had
interviewed them never met with any of the family
again. NONE of
the children, Nixzmary or her siblings, attended
any days of school
in the month prior to Nixzmary's death.
There was NOTHING that Nixzmary could to
that was considered to
be right, in the eyes of her stepfather. Cesar
Rodriguez thought that
she was nothing but trouble and abused because
of it. January 10,
2006, Nixzmary's mother, Nixzaliz Santiago came
home and saw that
a yogurt cup was missing from the fridge. Cesar
had bought yogurt
for the children, however, he would NOT
allow Nixzmary to have any.
Nixzmary denied taking the yogurt cup and then
one of her siblings
told on her. Later that evening, Cesar found his
computer printer was
broken and he immediately blamed it on Nixzmary.
Cesar took all of Nixzmary's clothes off and beat
her, right in front of
her mother who did NOTHING about it. Cesar
then took Nixzmary
into the bathroom and kept forcing her head down
into cold water. At
the same time, loud bangs and Nixzmary's screaming
for her mother
could be heard throughout the apartment. Nixzaliz
did nothing to help or protect her daughter and when Cesar took her to
a room they knew as the "dirty room" and tossed her limp body to the floor,
Nixzaliz did nothing to comfort her. When her mother finally checked on
her, she was already dead.
Surrounded by rodents and filth in the "dirty room",
Nixzmary died alone, on the floor, for the simple crime of having been
hungry enough to sneak some yogurt. Nixzmary only weighed 36 pounds
when she died, she was seven years old. In death,
Nixzmary would
finally escape the abuse she had suffered at the
hands of her step-
father with the approval of her mother.

Cesar Rodriguez had abused Nixzmary physically and
sexually for
weeks before the night that he killed her. Nixzmary
was tied to a chair
and beaten, she was sexually abused and when she
was left in the
dirty room, she was even forced to use a cat little
box as a toilet. Why
would ANY mother allow this to happen to
her child? What kind of a person CLAIMS to be a mother and then
stands by and watches this
happen to her and child?
Though Cesar and Nixzaliz both gave detailed confession
of what had
happened to Nixzmary. The attorney for Nixzaliz
said that any and all
allegations against her were not true:
"She did not abuse Nixzmary in any way. She
is not
an abuser. She is very unhappy with the abuse
that did occur, but she is completely innocent of these charges."
Robert Abrams
Cesar Rodriguez and Nixzaliz Santiago plead not
guilty to the multiple
felony charges against them. The charges included
second degree
murder as well as charges against Cesar for molesting
Nixzmary and
abusing the other five children in the home. Cesar
Rodriguez was interviewed in jail and though he did not admit that he beat
Nixzmary, sexually abused her, tied her up and forced her to die in a rodent
infested room, on a cold floor all alone, or the abuse he gave to the other
children, he said:
"I have a lot of guilt. I'm sorry about
all that happened.
I have a problem with my emotions. It builds
up and I
hold it all in. I emotionally just burst,"
During the trial Maria Gonzalez, Nixzmary's grandmother,
was called
to the stand. Since she had been subpoened and
was there against her
will, she would only say that the children were
afraid of Cesar:
"They had a respect for him, but it wasn't
a respect
out of love. It was a respect out of fear.
As soon as
he would get home, right away they would
run off
to their room."
Cesar Rodriguez was convicted of first degree manslaughter.
For his
part in the killing of Nixzmary he received a RIDICULOUS
sentence of ONLY 29 years.
Nixzaliz Santiago was acquitted of murder on October
17, 2008, she
was, however, found guilty of manslaughter. It
took the jury 18 hours over a three day period to find her guilty. Nixzaliz
was sentence to a
short term of 43 years in prison, she showed ZERO
emotion as she
was given her sentence and the Judge spoke to her
about how she
ignored Nixzmary's cries for help:
"You may not have delivered the fatal blow,
but, it was
n your power to prevent the effects of it.
Were it not for
our failure to act, Nixzmary Brown would
have probably
not died from that blow on that day. By your
own statements, she gasped for air, moaning and called for
you twice until she died. You, Miss Santiago,
ignored
these desperate calls . You left this little
7-year-old
alone and you did nothing."
Brooklyn Supreme Court Justice Patricia DiMango
During most of the trial, Nixzaliz simply rested
her head on the palm
of her left hand and said nothing. Kathleen Mullin,
her attorney, said
that she felt nothing that could be said would
change the mind of the
judge when she chose the sentence for Nixzaliz:
"Hindsight tells me that there isn't anything
anybody
could have said today that would have dissuaded
the
judge from sentencing in the way she did."
Nixzaliz's lawyers said that the court should go
easy on her since she
had not been the one to deliver the blow that killed
Nixzmary:
"Nixzaliz Santiago is not a monster. She did
not
cause that injury. It was Cesar Rodriguez"
Sammy Sanchez
I sometimes wonder what kind of person it takes
to defend someone such as Cesar and Nixzaliz and to try to prove that what
they did was in some way not worthy of the punishment they are given. Nixzmary's
life is over, she'll never grow up, she'll never have children of her own
to love and yet these lawyers thing that 29 years or 43 years is a long
time to punish someone for taking the life of a child.
A person also has to wonder, if Nixzmary had not
died that night, would she still be living in the hellish prison that her
stepfather and mother had created for her? Would CPS, Police and other
people have stepped in and helped her, allowing her to live on in more
than just the memory of those who knew and loved her?
Nixzaliz's aunt said that the family had not been
aware of what was
going on in the home of Nixzmary:
"If the family had been aware this never would
have happened. Never. Never. Never."
Nixzaliz's Aunt
Noting that Nixzmary's journey for justice had finally
to an end, the
prosecutor said:
"The two people responsible for her upbringing,
who
she called mommy and daddy, have been held
accountable for her death, her killing. They
will
be spending a very long time upstate."
Ama Dwimo Prosecutor
This case has become one that has shocked even those
who have spent their lives investigating and standing up for abuse victims
and
their cases:
"The circumstances of the abuse this girl
suffered were horrifying and among the most tragic that I've ever come
across. The manner in which she spent her last days
is heart wrenching."
Erik Pitchal Center for Family and
Child Advocacy
Once again it has taken the death of child to snap
the agencies that
are supposed to protect children, into action.
Six ACS employees have either been suspended or have been reassigned. In
the first week after Nixzmary's death the agency received 2,170 reports
of child abuse or neglect, that was an increase of 71% from the previous
year around
the same time. A reorganization of top aides was
also announced in
an effort to improve the services provided:
"I'm not going to, however, just simply in
a shotgun fashion take out staff or suspend or discipline staff simply
because they had anything to do with this terrible tragedy. On the other
hand, when people don't follow the basic practices of the organization,
they will be held accountable."
Commissioner John B. Mattingly
"The staff made poor investigative decisions
and gave inadequate attention to clear warning signs of the danger Nixzmary
Brown was facing. While it's true that this work is extremely difficult,
these are examples of incomplete and inadequate steps. Everyone at Children's
Services must act with urgency and absolute thoroughness when responding
to allegations of abuse and neglect. That's what the city expects and that's
what I expect."
Commissioner John B. Mattingly

This crucifix, Bible and Angel sat on a table as
a memorial to honor
Nixzmary on the one year anniversary of her death.
The memorial
was set up at the office of Emergency Rights on
January 11, 2007.
Maria Gonzalez is fighting for custody of the remaining
children. She
has also filed a $250 million dollar wrongful death
lawsuit against the ACS, for missing signs that the children were abused:
"I did it for my grandchildren, not for me,
because
I'm not interested in the money. For the
children, because
if they, the city, would have followed up
in the first place,
my granddaughter wouldn't be dead and my
little
grandchildren wouldn't be suffering now."
Return
to Nixzmary's story
Click
here for pictures of Nixzmary's memorial services
Click
here to read about Nixzmary's law

For information about preventing child abuse in the
state of New York, click the links below. If they can't help you, ask for
someone who can. NEVER give up looking for help for an abused child!
The
Child Abuse Prevention Center of New York
New
York Office Of Children And Family Services
Call this number to report
child abuse ANY WHERE in the United States!
1-800-4-A-Child
1-800-422-4453

 
.
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