[2] Brown had endured torture,[3] and was later learned to have been bound, molested, beaten,[4] and killed by her stepfather César Rodriguez, in a state of rage that began over a cup of yogurt and a broken printer that he claimed was her fault.
[5] Evidence of previous abuse inflicted on Brown came to light, and the news coverage of her murder case later drew public attention to New York City Administration for Children's Services (ACS).
[10] In March 2006, a city panel—created by Mayor Michael Bloomberg in response to Brown's death—advocated multiple changes, some of which included better communication with school officials regarding absenteeism, a 24-hour hotline, instant-response teams, and new training for police personnel regarding sensitivity to abused children.
[11] The key changes included: [T]he police for the first time will assign a full-time supervisor, a lieutenant, to child welfare headquarters to be a liaison between the two agencies.
Caseworkers will be required to seek entry orders when denied access to the home of a child suspected to be at risk of neglect or abuse.
Mayor Michael Bloomberg had entered into the discussion by asking in this Daily News article: "Why the caseworkers didn't push further, harder — that's what we are investigating today.
"[20] Legislation in the form of a Bill sent to New York Governor Paterson was approved by the state's Senate to target those individuals who have killed a child, especially in a "cruel and wanton manner".
[22] The defense lawyer for Rodriguez was Jeffrey T. Schwartz, who had competed in 2006 to represent Darryl Littlejohn in the murder case of Imette St.
[29] It was reported that Brown was confined to a spare room in the apartment with dirty mattresses, a broken radiator, an old wooden school chair with a rope, and a litter box.
It was reported on the January 21 trial portion that "Brown weighed just 36 pounds when police found her beaten to death on the floor of her Brooklyn apartment, but her family's fridge was anything but empty.
"[32] Jurors saw crime-scene photographs "of a well-stocked refrigerator full of milk, pancake mix, salami, tortillas, cream cheese, lettuce – and the yogurt that Nixzmary was punished for stealing the night she died.
[42] The specific toy items being purchased were Power Ranger action figures, Hot Wheels cars, Play-Doh, Bratz dolls, etc.
[49] A specialist for the ACS, Vanessa Rhoden, had reported that on December 1, 2005, she had witnessed early signs of abuse in Brown but was rebuffed by Rodriguez.
[50] This revelation took defense lawyer Schwartz off-guard during the Tuesday, February 19 trial portion because he had called Rhoden to the stand to show the court and the jury that there was no cause for alarm at that time.
[50] Rhoden testified in court on Tuesday, February 19 that Rodriguez cursed her when she made inquiries concerning "lacerations, bruises and welts" on the girl.
[51] Defense lawyer Schwartz was planning on calling Rodriguez's mother-in-law, Maria Gonzalez, to the witness stand during the week of February 24.
[52] In February 2008, Maria Gonzalez, Brown's grandmother, sued New York city for $150 million for negligence, and the failure of the ACS to act on behalf of her granddaughter.
"[56] On February 25, testimony was expected to be given by a Suffolk County medical examiner, Dr. Charles Wetli, supposedly putting the Prosecution's case in jeopardy.
[61] Reportedly, the trial never started before 10:30 a.m. and rarely went past 5 p.m.[61] Jurors were sent home five times without hearing any testimony and were getting long lunch breaks and a half-day every Friday.
[63] One person later commented that this witness may have helped the prosecution more than the defense as the testimony was supposed to focus the blame for Brown's death on Santiago.
[67] Dwimoh further said that "Each mark, bruise, laceration, contusion, abrasion, ligature mark, tells the story of systematic abuse and torture that she suffered at the hands of this defendant"[68] Schwartz continued to portray Rodriguez as a family man who punished Brown with beatings but insisted that Brown's mother was the actual killer.
[73] On April 3, Brooklyn Supreme Court Justice L. Priscilla Hall, sentenced Cesar Rodriguez to a term of 261⁄3 to 29 years in prison.
Prior to the judge imposing her sentence, Rodriguez briefly addressed the court saying, "I'm just sorry for causing anybody any emotional pain or distorted memories about the child.
[74] Her lawyer, Sammy Sanchez, told Brooklyn Supreme Court Justice Patricia DiMango that Santiago "was physically harassed", this at the first hearing since Rodriguez was convicted of manslaughter.
[76] Supreme Court Justice Patricia DiMango, who was allegedly emotional herself, allowed one juror, who was an elementary school teacher, to leave.
Defense attorney Sammy Sanchez pleaded Santiago's case, arguing that she couldn't help herself because she, too, was battered by Cesar Rodriguez.
[79] Santiago's lawyer, Kathleen Mullin, argued during the trial that her client was guilty only of failing to realize that Brown was dying from Rodriguez's beatings.
[80] She urged the Brooklyn jury to convict Santiago of criminally negligent homicide, which would carry a maximum of four years in prison and continued to blame Rodriguez for the deadly blows.
[80] Mullin continued in her defense of Santiago by saying that Brown was prevented from crying out because duct tape was used to seal her mouth, while Rodriguez was beating her.
[83] However, because she was previously convicted of four lesser crimes against Nixzmary—assault for binding Brown with a bungee cord, blackening her eye, unlawful imprisonment and endangering her welfare—Santiago would face more time when sentenced on November 5, 2008.