REMEMBERING NIXZMARY

Nixzmary Brown was seven years old. She was one of six children living with her mother, Nixzaliz Santiago, and her stepfather, Cesar Rodriguez, in Brooklyn, New York.

By the time Nixzmary died, much of her young life had become defined by isolation, fear and abuse. But Nixzmary was more than what happened inside her family's apartment. She was a little girl who went to school, whose teachers and school staff noticed when she disappeared from her classroom and who became increasingly withdrawn as the abuse around her intensified. Adults outside her home saw injuries. They noticed her absences. They became worried enough to report what they were seeing. One school social worker became so concerned that she told child protection authorities she did not want Nixzmary sent home because she feared for the child's immediate safety. Nixzmary needed someone to listen to those warnings. She needed someone to reach her before it was too late.

NIXZMARY’S STORY

Nixzmary lived with her mother, Nixzaliz Santiago, her stepfather, Cesar Rodriguez, and her siblings in the Bedford Stuyvesant section of Brooklyn. Inside the apartment, Nixzmary was increasingly separated from the other children. Court records later established that Cesar repeatedly beat her with his hands, a belt and a ruler. Nixzmary was sometimes bound or taped to a chair and kept apart from her siblings in a room the children called the dirty room. Her mother was not merely unaware of what was happening. Nixzaliz admitted knowing that Cesar beat Nixzmary on numerous occasions and left visible bruises. In November 2005, Nixzaliz herself pushed Nixzmary to the floor, causing a forehead injury serious enough to require stitches at a hospital. By December, people at Nixzmary's school were deeply concerned. She appeared with a bruised eye and an injury to her forehead. She was withdrawn. She was repeatedly absent. School personnel reported that Cesar intimidated the children in the household so they would not disclose what was happening at home. Yet Nixzmary remained there. During the final period of her life, prosecutors established that she was starved, restrained, repeatedly beaten and subjected to prolonged abuse. On January 10, 2006, events inside the apartment escalated. Nixzaliz told an already angry Cesar that Nixzmary had broken his printer and encouraged him to question her about it. There was also an accusation involving missing yogurt. Cesar brutally beat Nixzmary. She was struck with his hands and a belt. She was stripped and taken into the bathroom, where the abuse continued. Nixzmary suffered a devastating head injury. Medical testimony later established that she developed a subdural hematoma and deteriorated for hours.

No one obtained the emergency medical treatment she desperately needed. By the early hours of January 11, Nixzmary was dead.

WARNING SIGNS & SYSTEM FAILURES 

The warning signs surrounding Nixzmary were extensive, and her death led to an official investigation of the New York City Administration for Children's Services.

Concerns existed long before her final night. In May 2005, a report concerning Nixzmary's excessive school absences reached child protection authorities. ACS eventually confirmed that she had missed more than forty days of school. Despite that extraordinary number of absences, the investigation was closed as unfounded on July 8, 2005. Then came an even more urgent warning. On December 1, 2005, a school social worker contacted the state child abuse hotline. The report alleged that Cesar was physically abusing both Nixzmary and her mother. Nixzmary had a bruised eye and a forehead injury. She was described as withdrawn and frequently absent.

The social worker also reported that Cesar intimidated the children so they would not discuss the abuse occurring inside the home. Her concern was so great that she did not want Nixzmary sent home from school because she feared for the children's immediate safety. ACS investigated. But crucial opportunities were missed.

The city's later investigation found that the caseworker did not obtain Nixzmary's medical records or interview the doctor who had treated her injuries. Although the caseworker later claimed to have spoken with a doctor who confirmed the family's explanation, investigators found no documentation of that conversation. The treating doctor and resident did not remember speaking with ACS, and hospital records contained no record of such communication. Attempts were subsequently made to visit the family again. Cesar refused workers entry. Nixzmary continued missing school. The family's telephone was disconnected. Notes left at the apartment went unanswered. ACS had the ability to pursue legal authority to enter the home but did not do so. The agency never regained meaningful access to Nixzmary before her death. On January 11, the next time authorities entered the apartment, Nixzmary was dead. Her death prompted disciplinary action within ACS and significant changes to New York City's child protection system. Nixzmary had not been invisible. Her school saw her. Her injuries were noticed. Reports were made. The danger was described. Adults tried to sound the alarm. The system still failed to reach her in time.

JUSTICE FOR NIXZMARY

Cesar Rodriguez and Nixzaliz Santiago were prosecuted separately for their roles in Nixzmary's death. Cesar went to trial first. In March 2008, a jury convicted him of first degree manslaughter. The court record confirms that he was prosecuted for his role in the brutal death of Nixzmary. He received an aggregate sentence of 29 years in prison. Nixzaliz was tried separately later that year. She was convicted of first degree manslaughter and additional offenses arising from the abuse of her daughter. One assault conviction was subsequently vacated on appeal, but her manslaughter conviction remained intact. She received an aggregate prison sentence of up to 43 years.

 

Cesar Rodriguez

Relationship to Nixzmary: Stepfather

Conviction(s): First degree manslaughter and related offenses

Sentence: 29 years in prison

 

Nixzaliz Santiago

Relationship to Nixzmary: Mother

Conviction(s): First degree manslaughter and related offenses

Sentence: Up to 43 years in prison

FOREVER REMEMBERED

Nixzmary was seven. For weeks after her death, people who had never met her came to mourn her. More than one thousand people reportedly passed through her wake.

Her death became one of New York City's most widely recognized child abuse cases. Investigations followed. Workers were disciplined. Policies changed. New child protection reforms were introduced. Years later, officials still cited Nixzmary's death when discussing changes within the city's child welfare system. But none of those changes could give Nixzmary what she needed most. Protection while she was alive. Before she became the name attached to reforms, investigations and court decisions, Nixzmary was a little girl sitting in a classroom. She had teachers who noticed when she wasn't there. She had adults who saw that she was hurting. She had a voice, even when fear and abuse made it difficult for her to use it. Nixzmary should have grown beyond seven. She should have been known for the person she became, rather than for the terrible circumstances of her death. The failures surrounding her became lessons for an entire city. The cost of those lessons was a little girl's life.

Abuse Angels remembers Nixzmary Brown. Remembered. Honored. Never Forgotten.