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Feb 15, 2008 7:35 pm US/Eastern
Forensic Biologist Testifies In 'Nixzmary' Trial
NEW YORK (CBS) ―
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The focus continues to be on Nixzaly Santiago and her husband Cesar Rodriguez, as defense attorneys try to make the claim that DNA evidence withheld from police would not prove to be worth of prosecution.
CBS
Forensic biologist Lawrence Kobilinsky testified on Friday in the murder trial of then 7-year-old Nixzmary Brown, claiming two potentially crucial DNA samples were left unexplained in her murder. Also brought to the attention of the courtroom was that Nixzmary's mother never provided police with a DNA profile.
"I'm calling this sloppy police work," said a defense lawyer in the case.
Defense lawyers have said all along that police made a rush to judgment in accusing Cesar Rodriguez of delivering the fatal blow and that they failed to consider the girl's mother, Nixzaly Santiago.
"The problem is they did a very good half job. Had they done a complete full job, I think we'd have a lot more answers about Nixzaly Santiago," said defense attorney Jeffrey Schwartz.
Nixzmary Brown was only 36 pounds when she died from what the medical examiner calls child abuse syndrome. Rodriguez admitted tying the girl to a chair and making her use kitty litter as a bathroom for punishment, but he denied delivering the fatal blow that killed her.
But the prosecution said even if Santiago, Nixzmary's mother, had provided a DNA profile, it still wouldn't have provided any kind of smoking gun.
"There is no reason to do any further testing where she was involved only because the DNA testing that have been conducted, nothing came back as an unknown female DNA profile," said prosecutor Ama Dwimoth.
Prosecutors also say the unexplained DNA samples on the child's sweatpants and duct tape were too small to be of any value.
"So I don't want you to think for one minute that there's some unknown DNA to be tested. It's just the opposite," said Dwimoth.
Prosecutors have never explained why Santiago, also charged with murder, didn't provide DNA samples, something the defense hopes the jury wonders about.
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