Jurors in the harrowing Nixzmary Brown trial say they were divided over handing down a murder verdict, so instead they found Cesar Rodriguez guilty of first-degree manslaughter, as well as "endangering the welfare of the child and criminal possession of a weapon, including a belt used to beat Nixzmary."
The Brooklyn DA's office argued 29-year-old Rodriguez's abusive actions amounted to second-degree murder in the death of his 7-year-old stepdaughter, but one juror told the Daily News though Rodriguez was "a clear abuser and a bastard...The prosecution never proved to me he didn't care if Nixzmary lived or died." Another juror said Nixzmary's mother, Nixzaliz Santiago who will face a separate trial, "is more guilty than Cesar is."
However another juror disagreed, telling the Post she wanted a murder verdict, "It a takes a malicious, vicious, wicked person to do all those things." But the jurors, exhausted from the 40-day trial, agreed to compromise. Juror Terrence Cobwell said, "We would have liked to have upped the charge, but the prosecutor didn't give us enough. We just wanted justice for the little girl."
Nixzmary's death shocked the city, what with descriptions of her being beaten, starved, tied to a chair and even forced to use a litter box and the revelations her teachers had contacted the Administration for Children's Services about possible abuse numerous times. ACS workers failed to investigate the matter thoroughly, and Mayor Bloomberg even admitted the city failed her. Prosecutor Ama Dwimoh said, "I am grateful they are holding him accountable for the death of Nixzmary Brown."
Though defense lawyer Jeffrey Schwartz managed to get Rodriguez acquitted of second-degree murder (the defense emphasized Santiago dealt the final, fatal blow), he complained the prosecution kept evidence from him, "I think it is unconscionable that the district attorney cheated." Schwartz also said Rodriguez thanked him for his work.
Photograph of Nixzmary Brown's grave at the Cypress Hills Cemetery via Find a Grave




Splity?
Yeah Jen, splity?
Please please please just re-read posts! That's all.
So what if she says, "splity?" These are the best comments you can make for this post? "Ohhhh, incorrect grammar on a blog..." Yawn. Please, please, please just make it interesting. That's all.
And it's not a split jury if they come with a verdict. That's just plain wrong.
The jury was split - some wanted to convict Rodriguez for murder, some didn't. So they compromised and went with a manslaughter verdict.
No. The jury was compromised. When it comes to legal definitions, there's a difference.
I'm going back to my original headline, Nixzmary Juror: "We Just Wanted Justice for the Little Girl"
you grammer idiots sure know how to ruin an important story.
the city has failed this little girl once more. and gothamist readers need to get off Jens back.
This sack of shit is gonna get whacked in jail. They know how to handle this sorta shit there.
I have been on a jury where murder was up for grabs. I understand the hold outs, but this one that claims the prosecution didn't give enough to demonstrate that the SOB didn't care if she lived or died? I wasn't even on the jury and I had enough to burn the bastard at the stake.
In the murder trial I was a juror on, all but two of 12 felt the fuck should go up for at least SDM. But jurors who had bad experiences with the police went with the criminal as a victim. The rest of us wanted to strangle them.
Gonzalez, if there is justice, will die in prison. And for all you sanctity of life pea brains, I hope gonzalez get to know Johnson really well, the prick.