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by Pablo Guzmán
NEW YORK (CBS) ― A day after Cesar Rodriguez spoke candidly to a handful of reporters regarding the death of his seven-year-old stepdaughter, Nixzmary Brown, Rodriguez' lawyer, Jeffrey Schwartz, expressed anger over the media's coverage, saying that his client was "being portrayed as a villain."

"I just don't think it's fair. It's not appropriate, "Schwartz said. "It's very obvious he's confused, and for [the media] to go in there, to be slipping in among regular visitors and family, to take advantage of a person, it's not right. And it's not right for [ the New York City Department of ] Corrections to let you in there. We plan to take injunctive action."

Nixzmary's parents have been accused of abusing the child for months and the story of the child's death has captured the city's attention over the course of the past week.

Last night, reporters from the New York Times, New York Post, New York Daily News and Newsday joined CBS 2 News reporter Pablo Guzman on Rikers Island, where Rodriguez spoke for around 40 minutes.

Schwartz was furious that his client spoke to the media and expressed concern that Rodriguez' comments could have corroborated the charges Brooklyn District Attorney Charles Hynes made against him.

Regarding the specifics of what happened in the hours leading up to the alleged murder, Rodriguez held back, only offering to say, "I'm on a hot seat right now."

Schwartz was also angry with the media for "slipping in" to the jail and speaking with Rodriguez.

In a series of questions with CBS 2 News reporter Pablo Guzman, Schwartz offered his feelings on his client, the media and the death of Nixmary.

Responding to Schwartz' statement that the media had "slipped in", Guzman said: "When your client was brought into that room, those present immediately identified themselves as reporters. They didn't try to pass themselves off as anything else."

Schwartz responded: "All I'm saying is I think he's easy for you to manipulate. He's being portrayed as a villain without people knowing the facts. He's talking without fully understanding the consequences."

Guzman: "But most of what your client said to reporters at Rikers last night -- tying her to the chair, beating her -- this is exactly what the DA and the Medical Examiner both say happened to her."

Schwartz: "No one knows exactly what happened. We weren't there. The facts are not all in."

Guzman: "It is a fact that this little girl is dead. It is a fact that she did not die of natural causes. She did not commit suicide. It is a fact that something happened inside that house. Do you admit that?"

Schwartz: "I have to admit that. But it should be obvious, if you listen to what [Rodriguez'] is saying, that he's not in his right mind."

Guzman: "Are you planning an insanity defense?"

Schwartz: "It's something we have to look at, but my client is not the only one who may be at fault here. Part of the way this has all been painted so far is to make my client the villain, and set Ms. Santiago up as the Hedda Nussbaum. I believe the DA will make overtures to try to flip her against my client. There is a history of abuse that can be documented by that mother towards her children, that began well before Mr. Rodriguez and Ms. Santiago were even a couple, before he was even in that house. I believe we will see Ms. Santiago may have dirty hands."

Guzman: "A history of abuse? Are you trying to say that there's documentation in the Child Service agency files that can back up that claim?"

Schwartz: "Yes. And we are in the process of getting that now. Look, I'm not saying this is not a tragedy. That what happened to that child was not a horrible, terrible thing. My mother doesn't want me to take this case. But even Mr. Rodriguez deserves a defense. Even Mr. Rodriguez deserves not to have the jury pool tainted. And there's one other thing -- that family, bawling so much at the funeral, where the heck were they?"

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