Mar 18, 2008 6:45 pm US/Eastern
Stepdad Convicted Of Manslaughter In Nixzmary Case
Verdict Spares Rodriguez Life Sentence; Mother Next Up
NEW YORK (CBS) ―
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Nixzmary Brown was found dead on Jan. 11, 2006 inside her Brooklyn apartment.
AP
As shocking as the crime was, the verdict in the notorious child abuse case that rocked New York City was just as surprising.
The stepfather of Nixzmary Brown has been found guilty of manslaughter, not murder.
Already condemned in the court of public opinion, Cesar Rodriguez, 29, was spared a murder conviction Tuesday in the death of his 7-year-old stepdaughter. Instead, the jury came back with manslaughter in the first degree.
Juror No. 3 spoke to CBS 2 HD after court was adjourned and said the crime was "terrible, horrible, terrible," but that the prosecution "didn't prove" it was murder. When asked if manslaughter was the proper verdict, the juror said, "Yes sir."
Back in January of 2006 the malnourished child was found dead, severely beaten after she was caught stealing yogurt. Both her parents were arrested. While the father admitted he beat the child, he said the fatal blow was delivered by the mother, Nixzalis Santiago.
"He did kill her," assistant district attorney Ama Dwimoh said. "Was it depraved indifference or mere reckless? They believe and they have spoken, it was reckless."
Family friend Wilma Cordero attended the trial and hoped for a murder conviction.
"We didn't get what we wanted, but it's okay," Cordero said.
The attorney for Rodriguez said the trial was unfair.
"I think had material not been withheld from us and continually dumped on us, the verdict would have been lower than that," Jeffrey Schwartz said.
This tragic saga is not over yet. Nixzmary's mother will be tried next, and like the stepfather, she also faces a charge of murder.
A murder conviction would have brought a prison term of 25 years to life. Instead, Rodriguez faces a maximum of 25 years. He will be sentenced April 3.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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