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Divided jury settles on manslaughter for Nixzmary stepdad

BY PERVAIZ SHALLWANI | Newsday Staff Writers

7:03 PM EDT, March 18, 2008

Photo of Cesar Rodriguez. In the case of Cesar Rodriguez who is charged with the murder of 7-year-old Nixzmary Brown. (Patrick McCarthy, Freelance / March 18, 2008)

After it couldn't agree on whether the abuse Nixzmary Brown suffered at the hands of her stepfather added up to murder, a Brooklyn jury voted Tuesday to go with its second best option -- manslaughter.

At the conclusion of 16 hours of deliberation over four days, the jury of 10 women and two men convicted Cesar Rodriguez of first-degree manslaughter, agreeing with prosecutors that he took part in the 7-year-old girl's death.

Jurors were divided, however, on whether the evidence proved he acted with "depraved indifference toward human life," the factor needed to prove murder.

"They felt like the people didn't give enough evidence. We needed to know who delivered the actual last blow," said Janice Richardson, 62, one of seven jurors who she said believed Rodriguez was guilty of murder. "The bottom line is, the pictures were proof enough for us that he should have been convicted for murder."

But in the end Richardson said she and the six others were not able to convince the others, leading all 12 to agree on the charge of first-degree manslaughter along with charges of unlawful imprisonment, fourth-degree criminal possession of a weapon and endangering the welfare of Nixzmary and three other children in the Bedford-Stuyvesant home.

Rodriguez, 29, sat with his eyes focused on the table as the jury read the verdict. He now faces up to 25 years in prison, instead of 25 years to life had he been convicted of murder.

"He is devastated," defense attorney Jeffrey Schwartz said. "He was sucked into a situation beyond his control."

Schwartz has argued that it was Nixzmary's mother, Nixzaliz Santiago, who dealt the final blow to the head that killed the little girl on Jan. 11, 2006. Schwartz said he plans to appeal the verdict. During the trial Schwartz argued prosecutors withheld evidence crucial to his case. Santiago will be tried later.

"I think that it is a good result in light of what we had to work with," he said. "I think it is unconscionable that the district attorney cheated."

Assistant District Attorney Ama Dwimoh has dismissed the accusation when made in the past. "I am grateful that at last they are holding him accountable" for Nixzmary's death, she said.

Family members were not as gracious. Awilda Cordero, a spokeswoman for the family said Nixzmary's grandmother "is very upset."

"I can't understand how this guy got away with it," Cordero said, clutching a framed photograph of a smiling Nixzmary. "It is upsetting because of the evidence. We didn't get what we wanted but it is OK." It was the evidence that challenged the jury, jurors said.

"We would have liked to have upped the charge, but the prosecutor didn't give us enough," said juror Terrence Cobwell, 24, who said the mood in the room was tense. "We just wanted justice for the little girl."

Staff writer Anthony M. DeStefano contributed to this story.